Courts





The Constitution of the United States gives ultimate power to the people, not to the government.
The Constitution created a government structure known as federalism, which requires the sharing of power between the federal government and the governments of each of the 50 states.
Under federalism, there are two types of court systems—federal and state. Federal courts have jurisdiction over issues mentioned or implied in the Constitution. The state courts have jurisdiction over matters not mentioned in the Constitution and those not specifically denied to the states by the Constitution.
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The Royal Courts of Justice, London

The Constitution established three branches of government - the legislative, executive, and judicial. Courts are the judicial branch. As a co-equal branch of government, the judicial Branch is independent of the legislative and executive branches. Courts have the authority to interpret the law based on the Constitution without pressure from the other two branches.
Federal courts have the power of judicial review. This means they can review acts of Congress and actions of the President to ensure that they are permitted by the Constitution. If they are not, the Supreme Court of the United States declares such acts or actions unconstitutional, and they do not have the force of law.
The federal courts hear both civil and criminal cases. Civil cases involve disputes between private individuals, such as contract disputes. Criminal cases involve offenses against the whole community or society, such as murder. Courts follow different procedures in civil and criminal cases.
Within the federal and state court systems, there are two levels—trial courts and appellate courts. Trial courts, called U.S. District Courts, are courts of original jurisdiction. They are the first courts to hear either a civil or criminal case. If parties are not satisfied with the decision of a trial court, they may ask an appellate court, called a U.S. Circuit Court of Appeals, to review the trial court decision.
If parties are not satisfied with the decision of the U.S. Circuit Court of Appeals, they may appeal to the Supreme Court of the United States. The Supreme Court selects the cases it will hear. The Supreme Court is the final interpreter of the U.S. Constitution because it is the highest court in the land.
In addition to the judges, many other people work together to ensure the success of the judicial system. These include court staff, U.S. attorneys, federal public defenders, lawyers in private practice, and U.S. Marshals.
Citizens play a crucial role in the American judicial system. They help to ensure the fair and impartial administration of justice by participating directly in the work of the courts as jurors, witnesses, and court system employees. However, the central role that citizens play in ensuring the rule of law is using courts to settle disputes peacefully and abiding by court orders.
Jury Service

Juries are one of the most important ways that citizens can directly participate in their government. A jury is a panel of citizens that determines the facts of a legal case. Juries are used in both civil and criminal trials.
Civil trials are legal cases between two private individuals. If a jury finds a person is at fault in a civil case the punishment usually includes some type of restitution and/or fine. In a criminal trial, a person is accused of breaking the law. The jury then has the task of determining whether the defendent is guilty or not guilty. The punishment in a criminal trial is usually imprisonment. Most of the time, all members of the jury must reach the same conclusion concerning fault or guilt. The conclusion is known as a verdict. Juries help to preserve the democratic nature of the Constitutional form of government by allowing direct citizen participation in the judicial process.


Judge Ann C. Williams, of the U.S. Court of Appeals for the Seventh Circuit in Chicago, says that each generation stands on the shoulders of people who went before them. She credits her parents' example for her preparation to serve on the federal bench, and looks to trailblazers like the late Supreme Court Justice Thurgood Marshall for inspiration.


What Kind of Case: Criminal or Civil - What's the Difference?

There are two types of judicial proceedings in the federal courts, criminal and civil cases.

In a criminal trial, an individual is accused of committing an offense - a crime - against society as a whole. Criminal juries consist of 12 jurors and alternates and a unanimous decision must be reached before a defendant is found "guilty." The burden of proof is on the government and the standard is "beyond a reasonable doubt."

In a civil trial, litigants are seeking remedies for private wrongs that don't, necessarily, have a broader social impact. Civil juries must consist of at least six jurors and the verdict must be unanimous unless the parties stipulate otherwise. The standard of proof is a "preponderance of the evidence," or "more true than not." Not all civil cases are heard by jurors; some are conducted before a judge.

Guilty pleas and plea negotiations reduce the need for juries in criminal cases, and settlement negotiations reduce the need for juries in civil cases. Negotiations and settlements are effective avenues the courts and the parties use to arrive at justice.

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