LJ.S. DISTRICT 1-S
{Serve also as local courts)
District of Columbia.
Virgin Islands. Canal Zone, Guam
| COURT OF CUSTOMS AND PATENT APPEALS | |
| , | . |
COURT OF CLAIMS
CUSTOMS COURT
* The federal administrative agencies are not officially part of the Federal Court System but are included in this chart because their ruling can be appealed to a federal court
Each state has at least one district court, a few have as many as four. District courts are also found in Washington, D.C., and the territories of Puerto Rico, Guam, The Virgin Islands, and the Panama Canal Zone. Each court has from one to twenty four judges, depending on the volume of business, but each judge holds court separately. Certain cases are heard by a three-judge panel. All judges are appointed for life terms by the President with the Senate's consent except those serving in territorial courts who have eight years terms.
The bulk of judicial work in Federal courts is conducted by the district courts. About 100,000 cases a year are tried, mostly civil cases involving such matters as admiralty law, bankruptcy proceedings, civil rights, and postal laws.
--------:-----------------------------------------------------------------------
| SUPREME COURT 5-9 Justices | ||
| INTERMEDIATE REWIEWING COURTS 3 Justices | ||
| A | ||
| TRIAL COURT fjpfioral Jurisdiction | ||
| Law Equity | ||
| INFERIOR TRIAL COURTS | ||
| j. 1 A | ||
| County Prol Court Co | >ate Criminal Municipal Family urt Courts Courts Courts | |
| i 1 | ||
| Justices of the Pe and Magistrate | ace Traffic s Court |
The states all have their own courts: a Supreme Court, superior courts, local courts. Some states have courts of small claims.
The State courts are set up in a system that looks like the system of Federal
courts, with a Supreme Court at the top that has the power to declare State laws
unconstitutional. The State courts, however, deal with a different kind of law. Whereas
the Federal courts speak mainly of what they find in the Federal Constitution, th<_
State courts rest upon all the law there is, except what has been delegated to the
------------------------------------------------------------------------------------------------------ 101
Federal Government. Some of the State law is found in the State constitution and! the statutes passed by legislature. But a large part of it is the common law of) England, inherited and adapted by court decisions to the conditions and moral judgements.of the American people. In Louisiana much of the inherited law French, brought down from the code Napoleon.
In most of the states the lowest courts are the magistrates or police courts, where the judge or magistrate (the justice of the peace can send a drunk to jail for thirty days, or fine a motorist for speeding, without the aid of jury. Some of the states have: special traffic courts, probate courts or other special courts among their courts of small claims. The magistrate [the judge of the lowest court) may also have authority1 to receive a man accused of murder and decide whether to hold him for trial in higher court.
|
|
|
:
\, ?
2. ?
3. ?
4. ?
5. ?
6. , ]
?
7. ?
8. ?
9. *
?
10. ?
| 0 |
(
):
\. , , .
2. them the problem is simple. If the judge does not know the law on a particuli
subject, he need only look it up in one of hundreds of books in his library.
3. , .
4. Law is frequently made and not found. It is also changed from time to time to
meet changing conditions.
5. ,
..
6. The law changes as it is applied to new cases. It may expand 01 contract its]
application or take off in a new direction, but is seldom static.
102-
7. , ,
.
8. Courts at different times play different coles in bringing about changes to our
society,
fjl :
Message for Mrs. Fox,
The answer to your request is negative due to some mistakes in your application form. The Manager would like to speak to you concerning this matter.
Call him up next Thursday at 10 a.m.
Secretary-links
Application form/blank - .
:
50 , . , , , , , 10.000 . , , . , , , , , , " ". , (5-10%) .
|
|
|
1*1 :
, a Chief Justice, , legal action, , civil and criminal law, the 4 of July, in 1776,
________ _---------------------------------------------------------------------------------------- 103
, two pounds, , circuit court of appeals, ( }, witnesses, , to review a state court decisions, .
| 0 |
"The US Judicial System, the US Courts':
| IV |
CHAPTER
TRIALS
LESSON
OFFICERS OF THE COURT
| preparation for trial trial to precede the trial the defense/defence to enter a motion to challenge the jurisdiction to file demurrer a motion for dismissal to interview prospective witnesses |
104-
TERMS AND EXPRESSIONS
, -
;
;
-
, , ,
;
,
/ ,
/ -
/ . .
/ -
/
| to secure expert evidence |
| to gather testimony civil or criminal trials trial procedure civil and criminal cases officers of the court the judge the aforementioned duties the court clerk a juror a venirman a resident a voter a householder the jury box the bailiff the courtroom to deliberate the court reporter objections exhibits the attorney a just verdict a constitutional safeguard insufficient evidence |
| Q |
-
, , ;
-
, ,
-
-
-
-
-
-
- , , -
- ;
,
- , , -
, -
- , , ,
,
,
INTRODUCTORY EXERCISES
( ):
Participants in the Civil Courts
the criminal courts, the closeness of the relationships among these people depends on the regularity with which a set of lawyers comes before a particular judge. Thus, in rural courts and in courts (and court divisions) with jurisdiction over a narrow range of civil cases, a judge may deal frequently with a relatively small group of lawyers. In urban courts with a broad jurisdiction, judges may encounter a much larger group of lawyers, and close working relationships are less likely to develop.
Judges. The great majority of judges spend at least part of their time hearing civil cases. Many judges sit on courts that hear only civil cases, and some specialize even more narrowly, serving permanently on courts or divisions that handle only probate, domestic relations, or bankruptcy cases.
In most respects, the powers and responsibilities of judges in civil cases are similar to those in criminal cases.
|
|
|
Attorneys. As in criminal cases, attorneys are usually present in all but the most minor civil cases. Their participation is marked by specialization: lawyers generally concentrate in a few areas of the law, so work in most areas is handled chiefly by specialists and quasispecialists. But in a few common and nontechnical areas, such as estates, many lawyers who are not specialists take occasional cases.
Some areas of law handled in civil courts resemble criminal law in the sense that a particular lawyer always represents only one of the two types of parties that contend in court.
Eattiea. The contending parties in a civil case are designated as the plaintiff (the party that brings the suit) and the defendant (the party against whom the suit is brought).
KJ :
Preliminary Hearing
If the individual charged with a crime requests a preliminary hearing before a magistrate, the court will set a hearing within a reasonably short time. At the hearing, the-state must present sufficient evidence to convince the magistrate that there is reason to believe the defendant has committed the crime with which he is charged. Th*1 defendant must be present at this hearing, and he may or may not present evidence on his own behalf,
If the magistrate believes the evidence justifies it, he will order the defendant bound over for trial in the proper court that is, placed under bond for appearance at trial, or held in jail if the charge involved is not a bailable offence or if the defendant is unable to post bond. The magistrate also may decide that even without bond the accused will most likely appear in court for his trial and therefore will release him on his own recognizance, that is, on his own promise to appear. If he concludes the state has failed to produce sufficient evidence in the preliminary hearing, the magistrate may dismiss the charge and order the defendant released.
As in icrimmal courts, the most important participants in civil courts are lawyers and judges in both settings they constitute the core of the courtroom work group. As in
106----------------------------------------..-----------,_________________!_______
107
|
COMMENTARY
"officer" "" , , .
"officer" (): Excuse me officer, how can I get to,..? Officers of the court - , . Chief Executive Officer , career/regular officer - .
| 0 |
(
- - ):
Preparation for Trial
As in civil cases, very careful preparation on the part of the state and the defense precedes the trial. However, the defense may first enter a motion challenging the jurisdiction of the court over the particular offense involved, or over the particular defendant. The defense attorney also may file a demurrer, or motion for dismissal, as in a civil suit.
In preparing for trial, attorneys for both sides will interview prospective witnesses and, if deemed necessary, secure expert evidence, and gather testimony concerning ballistics, chemical tests, casts and other similar data.
TRIALS Civil or Criminal
While in detail there are minor differences in trial procedure between civil and criminal cases, the basic pattern in the courtroom is the same,
Off leers of the Court
The Judge is the officer who is either elected or appointed to preside over the court. If the case is to be tried before a jury, the judge rules upon points of law dealing with trial procedure, presentation of the evidence and the law of the case. If the case is tried before the judge alone, he will determine the facts in addition to performing the aforementioned duties.
|
|
|
The court clerk is an officer of the court, also either elected or appointed, who at the beginning of the trial, upon the judge's instruction, gives the entire panel of prospective jurors {veniremen) an oath. By this oath, the venireman promises that, if called, he will truly answer any question concerning his qualifications to sit as a juror in the case.
Any venireman who is disqualified by law, or has a valid reason to be excused under the law, ordinarily is excused by the judge at this time. A person may be
108------------------------- -----------------------------------------------------------------------------
disqualified from the jury duty because he is not a resident voter or householder, because of age, hearing defects, or because he has served recently on a jury.
Then the court clerk will draw names of the remaining veniremen from a box, and they will take seats in the jury box. After twelve veniremen have been approved as jurors by the judge and the attorneys, the court clerk will administer an oath to the persons so chosen "to well and truly try the case".
The bailiff is an officer of the court whose duties are to keep order in the courtroom, to call witnesses, and to take charge of the jury as instructed by the court at such times as the jury may not be in the courtroom, and particularly when, having received the case, the jury is deliberating upon its decision. It is the duty of the bailiff to see that no one talks with or attempts to influence the jurors in any manner.
The court reporter has the duty of recording all proceedings in the courtroom, including testimony of the witnesses, objections made to evidence by the attorneys and the ruling of the court thereon, and listing and marking for identification any exhibits offered or introduced into evidence. In some states, the clerk of the court has charge of exhibits.
The attorneys are officers of the court whose duties are to represent their respective clients and present the evidence on their behalf, so that the jury or the judge may reach a just verdict or decision.
The role of the attorney is sometimes misunderstood, particularly in criminal proceedings. Our system of criminal jurisprudence presumes every defendant to be innocent until proved guilty beyond a reasonable doubt. Every defendant is entitled to be represented by legal counsel, regardless of the unpopularity of his cause. This is a constitutional safeguard.
It is entirely ethical for an attorney to represent a defendant whom the community may assume to be guilty. The accused is entitled to counsel in order that he be protected from conviction on insufficient evidence, and he is entitled to every pro tection which the law affords him.
"Officers of the Court" ( , ).
;
The bailiff, , a resident, common law, ( ), a householder, , venirmen, , to file a demurrer, , to gather testimony, , to challenge the jurisdiction, , arraignment, , a just verdict.
1*1 :
109
1. (on the part)
.
2. ,
.
3.
.
4.
, ,
, ,
.
( );
| : : : |
661421?' ? , .
| : : : |
(subpoena ['] for attendance of witness). . ? . 10 , .
|
|
|
, 10 . , !
!
. , . 12 . 6 . . , .
, . . , ("peremtory challenges"). . . , .
, , , , . .
.
four . .
- double six, 44 - double
"Officers of the Court" ( , ).
| 0 |
{
- - );
( )
,
.
, .
.
,
, .
, .
,
, ,
110------- --------------------------------------------------------
111
LESSON
THE JURY
TERMS AND EXPRESSIONS
true bill
a formal charge a no bill
powers of investigation are conferred by law judicial officer a deputy "one-man grand jury"
( )
( ) -
- , /
/
, ,
" " (-
, )
the grand jury prospective defendant
the pertinent proceeding to cross-examine witnesses
on tbe defendants' behalf to describe the testimony to have provision for..,
the prosecutor
to be empowered
to make formal accusation
to be convened at regular intervals
to be impaneled
to have broad investigative powers
to compel the attendance of witnesses to undertake inquiries
a "runaway" grand jury
information elicited by tbe prosecutor
to warrant the return of an indictment
112*
,
. [relevant) ,
/
- ( )
,
,
- / (-
)
- [),
- /
-
- ,
- "/"
- , /
; ,
- ()
(1 ); : ( ', )
INTRODUCTORY EXERCISES
| H |
:
The grand jury has broad investigative powers, to undertake inquiries, to take tbe initiative, to describe the testimony, all states have provision for impaneling a grand jury, the prosecutor, a true bill, powers of investigation, an indictment, to be conferred by law, a judicial officer", one man grand jury, the pertinent proceedings, to cross-examine witnesses, on the defendants behalf.
| 0 |
(
):
1. In most cases, a jury of twelve is required in either a civil or criminal proceedings
2. In some courts alternate jurors are selected to take the places of members of th>
regular panel who may become disabled during the trial.
3. These alternate jurors hear the evidence just as do the regular jurors, but do not
participate in the deliberation unless a regular juror or jurors become disabled.
4. The jury selection begins with the calling by the court clerk of twelve venireraer
whose names are selected at random from a box, to take their places in the jury
enclosure.
5. The attorneys for the parties, or sometimes the judges, may then make a briet
statement of the facts involved for the purpose of acquainting the jurors will,
sufficient facts so that they may intelligently answer the questions put to them by
the judge and the attorneys.
6. The questions elicit information such as the name, the occupation, the place of
business and residence of the prospective juror, and any personal knowledge he
may have of the case.
7. This questioning of the jurors is known as the voir dire.
8. Thus, the jury is selected and then is sworn in by the court clerk to try the case.
---------------------------------------------------------------------------------------------------------- -
| 1. jury 2. Prosecutor 3. information 4. bailiff 5. investigation 6. defence attorney 7. prosecution 8. indictment 9. witness 10, testimony |
(
- - ):
The Grand Jury
The grand jury is a body of citizens (usually 16, but varying in number from state to -state) summoned by the court to inquire into the crimes committed in the country, or in case of federal grand juries, in the federal court district.
