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The Court System
In
this country the court system is generally divided into two
types of courts, state courts and federal courts. Each state
has the authority to create the different courts under its own
system. However, in most states the system is made up of three
levels of courts: the district or trial court, the courts of
appeal and the supreme court.
Most state court judges, at all three levels, are elected
by the population for certain terms of service. Some states
impose term limits to prevent multi term judges. Most states
break down the geographic areas of the state into judicial
districts. A district or trial court represents the people
who reside in that district. Several districts are then usually
grouped together and represented by a court of appeals. There
are usually many fewer courts of appeals than there are district
courts. The courts of appeal hear cases coming out of the
judicial districts to which they are assigned. Although the
number of judges who sit on the court of appeal may differ
from state to state, the number is usually an odd number to
prevent a split decision.
There is one state supreme court which hears cases coming
out of the courts of appeal, and in some limited instances,
directly from the people. If an issue affects a right protected
by the United States Constitution, or some other federal law
(death sentence cases), it can be appealed from the state
supreme court to the United States Supreme Court. However,
it is rare that this is the case and most state supreme courts
are the final stopping point in the judicial process for most
cases. Most states elect 9 state supreme court justices.
The federal system also has three levels, the district courts,
the court of appeals and the United States Supreme Court.
On the federal level, states are broken down into several
geographic district courts. The federal courts of appeal hear
cases from all the district courts in their area. Currently,
there are 11 federal courts of appeals. Many hear cases coming
out of district courts from several states. The United States
Supreme Court in Washington, D.C. is the highest court in
the land.
Only the United States Congress has the authority to pass
legislation which overrules decisions of the Supreme Court.
This is part of the checks and balances of power the founding
fathers of this country created to ensure that no one branch
of the government (legislative, judicial, or executive), had
too much power. The United States Supreme Court Justices are
appointed by the President and serve for life. There are 9
Justices.
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