Legal Issues

The current justice system of the U.S. has its foundation in the Judicial Act of 1789. With this act, the U.S. Congress implemented a constitutional provision which stated that,  the judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.  Over the years, the Judicial Act of 1789 has been altered on numerous occasions (Wheeler  Harrison, 1994). However, in line with the Act, the U.S. Supreme Court remains the most powerful court, with federal and other levels of courts below it to build the country s elaborate court system. The responsibility of making laws belongs to the Congress and not the courts. The chief duty of the courts is to protect the Constitution  because their rulings protect the rights and liberties guaranteed by the Constitution  (Mecham, 2001). The independence of the U.S. judicial system is protected by the Constitution to ensure justice and fairness to all citizens without regard of their social, economic, religious, racial or political backgrounds. To protect judges from the political waves of the day, Article III of the U.S. constitution protects the office and compensation of judges. The article provides that,  judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office  (Supreme Court of the United States, n.d).  This paper sheds light on the features and characteristics of the different levels of the U.S. court system.

Superior Courts
A superior court is a trial court whose jurisdiction is general, giving it the power to handle civil and criminal suits which need not be heard, specifically, in other courts. The wide jurisdiction of Superior Courts allows the courts to handle all local trials including,  civil, criminal, family, probate, landlord-tenant, small claims and traffic. It also acts as a court of appeals for decisions of all governmental officers and agencies  (Superior Court of the Virgin Islands, n.d). The term superior courts implies that these courts rank higher than some inferior trial courts which some jurisdictions had created to handle local matters. These inferior courts included traffic courts and municipal courts which were restricted to specific jurisdictions. Superior courts are also found in other countries such as Canada.

According to the Judicial Branch of the State of Maine Courts (n.d), the Superior Court is the  only level of court where jury trials are available  (State of Maines Courts, n.d). Not all U.S. states have superior courts. California, the District of Columbia, Georgia, and Maine are among jurisdictions with superior courts. Other courts with equivalents of superior courts include Pennsylvania and Ohio which have courts of common pleas, Illinois, Michigan and Oregon with their circuit courts, and Louisiana, Texas and Hawaii which have district courts. The statewide jurisdiction of superior courts allows superior court justices to hold courts in any county within their respective states (State of Maine Courts, n.d). The length of time that superior court justices serve varies with the states. For instance, the superior court judges in Washington serve four-year long terms (Washington Courts, 2006).

Federal Courts
The U.S. Congress has the responsibility of authorizing the creation of federal courts below the Supreme Court. Further, the Congress defines the jurisdictions of these courts and determines the numbers of justices to staff each of the courts (CATEA, n.d).

Federal courts have broad jurisdictions and can handle  both civil and criminal cases, public law and private law disputes, cases involving corporations and government entities, appeals from administrative agency decisions, and law and equity matters  (Mecham, 2001). The federal court system is made up of several courts, principal among them the U.S. district courts, which are the chief trial courts in the federal system. Each state has at least one federal judicial district, bringing the total number of districts in the country to 94. A single judge, or with a jury of citizens, conducts proceedings in a trial court.

Each of the 12 regional circuits in the United States has a court of appeal. Courts of appeal handle appeals from district courts within their respective circuits. In special circumstances, the Court of Appeals for the Federal Circuit has the mandate to hear appeals involving cases heard by the Court of Federal Claims and the Court of International Trade (Mecham, 2001). As long as the district court has passed judgment on a federal case, any individual, group or corporation involved has the right to lodge an appeal with the court of appeal.

The Supreme Court
Assembled first on February 1, 1790 in the then capital city, New York, the Supreme Court occupies the very apex of the U.S. judicial system. The Supreme Court is staffed by eight associate judges and the Chief Justice of the United States. The nine justices must hear and decide all cases together (Mecham, 2001). Justices to the Supreme Court are nominated by the President , and approved by the Senate.

The jurisdiction of the U.S. Supreme Court is extensive. For the Supreme Court to take up a case, at least four of the judges must agree to hear it. Oftentimes, the Supreme Court decides cases in instances where there have arisen differences of opinion among courts of appeals. The court also steps in to decide on questions arising from the constitution, and in cases where clarification of elements of federal law is needed (Mecham, 2001).