法律英语课件 Lesson 4.pptVIP

Lesson Four Judicial System Background  In law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law. It construes the laws enacted by the legislature. I. The US Court System The US court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Federal court system: (1) U.S. Supreme Court (2) U.S. Courts of Appeals (3) U.S. District Court. 美国联邦法院 State court system: (1) the state supreme court (2) the state court of appeals (3) the state trial court Part 1: Courts Fifty-two separate court systems in the U.S. The federal courts are not superior to the state courts; they are an independent, coordinate system authorized by the US. Constitution, Art. III, §2, to handle matters of particular federal interest. Article III.doc In the federal system Trial court(初审法院) the U.S. District Court (94) 美国地区法院 Intermediate appellate courts The U.S. Court of Appeals for the Federal Circuit 美国联邦巡回法院的上诉法院(11+2) The U.S. Supreme Court 美国最高法院 Various specialized tribunals US Bankruptcy Court, US Armed Forces Court of Appeals, US Court of International Trade, US Tax Court， US Claims Court Each court of appeals has four or more judges who sit in panels of three to review district court decisions, as well as some decisions of administrative agencies. review: 复查，复审 Since 1988, review by the Supreme Court in civil cases is discretionary; virtually all civil appeals as of right to the highest court have been abolished. discretionary：自由裁量权 The highest court plays different roles California Only criminal cases in which capital punishment has been imposed are ap