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The Judicial System

The writers of the US Constitution were determined to separate the powers of the federal government in to three branches: Legislative, Executive, and Judicial. The prime function of the judicial branch is to interpret the law in such a way that rules made in the past can be applied reasonably in the present. This function gives the courts a role in policymaking. The Constitution establishes the Supreme Court of the United States and grants Congress the authority to establish lower federal courts. The United States has two different courts systems-the federal courts and the state courts. Federal courts make judgments in cases having to do with the U.S. Constitution or other federal law. They hear cases in which the U.S. is suing or prosecuting someone. They handle disputes between citizens of two different states and disputes involving foreign countries and U.S. citizens. Crimes that happen on ships at sea are called admiralty cases and are also held in federal court. Federal courts are set up on three levels. The lowest federal courts are the district courts, where most federal cases are heard first. The United States has 90 district courts. The Court of Appeals is the next highest in the federal court system. The Court of A


Patterson, United States of America, 1996. The judiciary positions are constrained by the facts of cases and by the laws defined through the Constitution. As a result, political influences have a strong impact. Precedent reflects the philosophy of stare decisis, Latin for "to stand by things once established. In cases affecting ambassadors and other public ministers and in cases in which a state is one of the parties, the court has original jurisdiction. In larger towns or cities, the lowest courts are usually police courts or magistrates' courts. The highest federal court is the Supreme Court. The Supreme Court has appellate jurisdiction over both state courts and lower federal courts. They need to respond to national conditions, public opinion, and interest groups. A justice who disagrees with the majority opinion may write a dissenting opinion. The state courts system handle's all cases relating to state laws. The court has two kinds of jurisdiction. Appellate jurisdiction accounts for most of the cases that come before the court.

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