The United States has a large amount of federal and state courts which reflects the overall decentralization of its government.
Most court cases take place at a local or state level with very few specifically defined legal matters being brought before a federal court.
Along with some federal crimes, such as terrorism or drug trafficking across states lines, federal courts hear non-criminal or civil cases, only when the case is premised on a question about the meaning of a federal statute or application of the Constitution; if the parties are from different states, or if one person is from another country, and more than $75,000 is at stake; or if the federal government itself has sued another party or is itself being sued. For example, if a company is accused of violating a federal environment law, the suit can be brought before a federal court.
The Supreme Court is at the top of the federal court system; its decisions are final and cannot be appealed. Below this are thirteen judicial circuits, each containing one U.S. Court of appeal which does have the power to hear appeals and reverse court decisions.
The next level under this has ninety four district courts and a few specialized federal courts, such as the Tax court and the Court of Federal Claims, which deals with areas like the taking of private land for public purposes. The Court of Federal claims also deals with suits filed against the federal government involving contracts or money damages.
If a party is dissatisfied with a district court verdict, they have access to two higher levels of decisions. They can appeal to a U.S Court of Appeal and then if the matter is not resolved to their liking, the party can seek to appeal that verdict before the Supreme Court. .Generally, however, the Supreme Court only agrees to review a small number of cases each year that it considers to be of significant importance.
The overwhelming majority of criminal cases are heard by the State courts, which have an overall setup that is equal to the federal court system. State trial courts initially hear civil and criminal cases. Decisions from these are then reviewed by courts of appeal, and lastly, a case might then be reviewed by the state court of last resort, often called the supreme court of the state.
States also have specialized courts to deal with matters such as juvenile and family relations, probate tax or commercial law. Many states and localities also have small claim courts where they can file claims for small sums of moneys without the need for a lawyer. This quickens the procedure and makes the claim more simplified. For the most part, attorneys are not allowed to represent clients in small claim courts. Small claim court proceedings have been made popular viewing for television.
Federal judges, in the district courts or in the nine members Supreme Court, are nominated by the current President and then subject to approval by a two-thirds vote from the Senate. They are appointed for life, so as to remove outside political pressure and to ensure their impartiality .They can only be removed by being impeached and convicted for a serious crime.
Judges at a state and local level are elected or appointed to specific terms in office. Whether they are elected or appointed, judges at every level must be as objective as possible. They must be seen to be impartial arbiters of the law…not as partisan allies to politicians. They must be removed from cases where they have an interest or connection.
If there are any minor complaints against a federal or state judge, or he or she is unpopular in their court decisions, they cannot be removed before the end of their term.
The only way that it is possible to remove them is through the process of impeachment, where charges are brought against them and they are convicted for serious crimes or violations. .This is possible through the legislature or by separate court panels.
Federal, state and local government agencies have a broad responsibility for carrying out a range of programs. Many of them have established what are often known as “administrative law judges” to resolve disputes.
Administrative Law Judges hear cases, for example, in the worker compensation boards on employees who have had an injury in the workforce. Denials of social security, health, or welfare benefits are other areas that are commonly heard by the agencies that administer these programs.
Parties, who lose a claim before an administrative law judge, can appeal the decision to another court, as in other courts.
When civil and criminal matters are tried, the courts operate under a principle known as stare decisis, which is Latin for “let the decision stand”. Simply, courts rely on the precedents established by former court outcomes in deciding current cases based on similar legal issues and facts.
This does not mean that precedent decisions, in similar cases will bring about the same verdict…however, precedent does give the law a reliable measure of stability and predictability, ensuring that change will be evolutionary. Stare decisis, as one Supreme Court Judge said “ is the strong tie which the future has to the past.”