Escolar Documentos
Profissional Documentos
Cultura Documentos
I. Intro
Article 3 Courts
o District Court
94 judicial districts
Every state has at least 1distt. California – 4 distt
Appeal go to circuits on question/error of law
Jury system
Judges often adjudicate in each other’s courts
Matters-
Civil actions; criminal prosecution by fed gov; actions against fed gov treaties
of US; matters between citizens of 2 states; maritime jurisdiction;
o Circuit Court (Court of Appeal)
12 circuit courts
Washington (13th circuit) – takes appeal from special courts
Appeal go to USSC on question/error of law
o US SC
9 judges including CJUSA
At least 4 of 9 sit
Generally no original jurisdiction (only in exceptional matters like those concerning
ambassadors)
Similarities with India
Set by consti and cant be abolished (keshwanand bharti)
Highest court of appeal
Represent common law (stare decisis and precedent
Congress/Indian parliament – decides number + salary
Appointed by president on advice of senate/other judges
Can declare statue void
Impeachment – treason+bribery+high crime/incapacity or proven mis
behaviour
Majority and minority opinion
Dissimilarities
Powers given by congress/constitution
No approval/approval by president
No retirement/65
Mostly appellate power/appellate+original+advisory
Power to parliament to change structure/no power basic structure
Removal - treason+bribery+high crime/incapacity or proven mis behaviour
o Other special courts – appeal goes to 13th circuit
US Court of Claims
US Court of Int. Trade
Article 1 courts (est at federal level by congress) – can be modified by congress
o Bankruptcy Courts (matters under bankruptcy code) – 1 for each district-appeal to 12 circuits
o US Tax Courts – appeal to 12 circuits
o Magistrate court (criminal/civil matters) – appeal to 12 circuits
o US Court of Veteran Appeal – appeal to 13th
o US Court of Military Appeal (uniform code of military justice) – appeal to 13th
Article 4 courts
o For insular areas – territorial courts. Where no jurisdiction of 50 states
o Virgin island; Columbia; northern mariana island; guan; portarico
General – all federal court judges appointed by President on advice and consent of senate
No age of retirement or superannuation. Hold office till good behaviour
Matters – federal for distt- courts
No uniform code
Each state – separate + complete system
General structure
o Lowest level – trial court (called court of pleas/superior courts/county courts)
Judges may be elected/appointed
2 types
Court of ltd. jurisdiction
o Specific matters
Eg – probabte courts/family courts/traffic courts/small claim
courts
o Single judge
o no jury trial
Court of general jurisdiction
o Other matters
o Single – 3 judges
o Jury trial
o US State SC
Appeal to USSC only in limited matters of federal nature