Legal Issues

In the United States, the judicial system is enforced in two levels namely the federal courts and the state courts. These two levels are further subdivided into trial courts, courts of appeal and superior or highest courts. The main difference between the two levels was the types of cases that they need to resolve or hear.
The president of the United States appoints the federal judges. Each of the federal judges would retain the position until they die or retire. The federal courts focused their concern on cases that concerns constitutional laws and federal issues. States have federal trial courts known as District courts. In Washington, the jurisdiction of District Courts is very limited to civil and criminal cases that involves the United States government, people with different citizenship (both state and national citizenship), and issues involving the U.S. Constitution.

Washington has two District Courts, the Eastern District Court and the Western District Court. The decision made by the judge of a District Court requires other federal judges to follow the decision in that district. This denotes that the decisions made by the Eastern District Court of Washington do not necessitate the federal judges of the Western District to adhere to that decision.

If the party is not contented with the decision made by the District Court, the party could send the appeal to the United States Court of Appeals. This is another federal court more commonly referred to as Circuit Courts. The decisions made in Circuit Courts are binding to all other states under that circuit. This means that the cases made in the Eastern District Court and the Western District Courts could both appeal to the same Court of Appeals. Washington belongs to the Ninth Circuit. Thus, the other states under the Ninth Circuit Court of Appeals like Montana, Idaho, Oregon, Hawaii, Alaska, Arizona, Guam and Nevada would follow the same decision. The Court of Appeals of the Ninth District is composed of 39 judges.

The US Supreme Court is considered as the highest court in the United States.  There are eight associate justices and one chief justice. Nonetheless, the cases it handles are limited to those that involve foreign or different governments andor citizens (states or country). The Supreme Courts decision is followed by all the other federal courts.

The Federal Courts also has specialized courts, which are made by the Congress. In Washington, there are three specialized courts namely US Tax Courts, Federal Circuit Court and US Bankruptcy Court. Tax Court is concerned with federal taxes. Federal Circuit Court focuses in foreign trade. Bankruptcy Court handles those that concern the Bankruptcy Code.

In the state level, the lowest would be the District, Municipal and Police Courts. The District Courts are concerned with criminal and civil cases. The District Courts could only sentence a year in jail andor a fine of 5,000.00 at most.  The District Courts usually have small claims department that settles minor civil case or those that are not more than 4,000.00. The Municipal and Police Courts are concerned with violations of municipal and city ordinances.

If the case was not settled in the lower courts, it could be filed to the Superior Courts. Moreover, cases that exceeds 50,000.00 are also brought to superior courts. In each county, there is one superior court, which is tantamount to 29 judicial districts in Washington. The Superior Court also has a division known as Juvenile Court. It handles case of those who commit an offense when still under 18 years old. It is a common custom among Superior Courts to follow precedent decisions made in that court.

An appeal could be made if the party is not satisfied with the Superior Courts decision. All cases could be appealed except for those that concerns death penalty. The States Court of Appeals has three appellate divisions. The decision in one appellate does not bind the decision on other appellate.  However, the decision is binding to the courts under the Court of Appeals.

Death penalty cases are brought to the highest states court. The Washington Supreme Court is considered as the highest court in Washington. Its most important function is to assure that the state has a consistent law. Not all appeals are accepted by the Supreme Court. The appeals must be of grave importance to be accepted. These might include cases that caused conflicts in the lower courts.

Cases that do not involve the US government, the US Constitution and controversies between parties of different citizenship, are decided in State Courts. For example, when the case involves the Voting Rights Act or when it involves foreign citizens, it should be heard on Federal Courts. Cases that concerns real estate falls under the jurisdiction of State Courts.