May 22, 2013

Understanding How Our Judicial System Works

Our country is known for having a judicial system that is most sophisticated of any in the world. Each day, people by the thousands, that includes law enforcement, judges, accused criminals, government officials, and lawyers, are taking part in the judicial system, hoping to get justice done and settle disputes. Making the system more remarkable is the fact that it has the ability to successfully operate in such a diverse and large country as these United States. Federal courts handle issues of federal law and every state has courts that adapt to needs of their people.

No judicial system is perfect, but it is useful to know how it works if you have to be defended in court, file lawsuits, claim government damages, or even have to pay for traffic violations. The legal system of the U.S. is inherited in part from common law of the English and uses an “adversarial system of justice”. In this type of system, the litigants argue cases in front of neutral parties (usually having a lawyer present) and allow a jury or judge to decide the truth. Besides introducing oral or written arguments, testimony and evidence is collected by the litigants and their attorney and submitted in the courtroom. Litigants pay attorney fees plus $150-$350 filing fee, plaintiffs that can’t pay the fee in a civil case can ask to proceed anyway. In criminal cases, if they can’t pay, the government will appoint one for them.

The U.S. judicial system actually is made up of two court systems, federal courts and state courts, and often interacts. Both courts have similar key goals, to solve legal disputes and to vindicate legal rights. The 14th Amendment allows federal courts to get involved in cases that arise in the state courts, and subsequently, allows their interaction.

Congress has created special courts which are; bankruptcy, magistrate judges, U.S. Court of Veterans Appeals, U.S. Tax Court, and U.S. Court of Military Appeals. Limited jurisdiction courts are; probate court, municipal court, family court, small claims court, juvenile court, and traffic court. Most states have appellate courts and their highest is supreme courts.