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Court System and the Judicial Process - Essay Example

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Court System and the Judicial Process

Appellate courts (ibid) accept the complaints on inappropriate decisions of lower courts and re-try them, i.e. hear and re-consider arguments and apply the law to the evidence which has already been confirmed. In these courts, decision-making is delegated to groups of judges (Ball and Cliffs, 1987). "Judicial federalism is the term used to describe the relationships between these independent court systems at the state and national levels, and the various ways individual cases can move between different court systems []The U.S. Constitution also allows for states to maintain their own individual court systems that derive their authority from state constitutions and state laws" (ibid, p. 102). Nevertheless, according to the Constitution Article III, federal questions are tried by the U.S. Supreme Court (Abraham, 1986), a highest U.S. court.
The litigation system, adopted in our country, is also known as 'adversarial' system, since it is based upon the plaintiff's presentation of their dispute or problem to an impartial third person, who deals with finding and examining the facts. Another prominent characteristic of the U.S. court system is the obligation to pay litigation fees (approximately $150 for a civil case). As a rule, cases are resolved by the U.S. ...Show more

Summary

The U.S. Judicial system consists of 51 separate court systems: there are fifty state courts and the U.S. courts system or the federal court. Whereas there are considerable discrepancies between the 50 state courts (Abraham, 1986), all of them are divided into two groups: trial courts and appellate courts…
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