Saturday, October 15, 2011

This isn't your typically Judge Judy!

WOW!  There is a lot more to the judicial system than I thought!  I know that I am not going to be able to cover it all, but I will hopefully be able to give you the basics.  The judicial system has a dual court system which is divided into state and federal systems of justice.  First we will talk about the State Courts.  This is what most of us are fimiliar with.  The State Courts are the working horse of the American judicial system.  This is where traffic violations, small claims, custody, divorce and so on are heard.  State courts hear about 98% of all cases in the American judicial system.  That is over 103 million cases for the 15,500 state and local courts to hear each year.  So next time you get a traffic ticket, be on time, they're busy!!

Next we are going to talk about the Federal Courts.  Here the courts are broken down into 3 tiers.  First, District Courts.  There are 94 district courts.  Full trials happen here with witnesses, jury, and evidence that is not called exhibits is entered into record.  District Courts are the base of the Federal Court System.  They hear about 370,000 cases a year.

Next, we have our Courts of Appeal.  These guys are busy.  The Courts of Appeals is broken up into 10 circuits.  Cicruits are like judicial districts, each circuit includes a couple of states and their ruling affect only those states within their circuit.  Thr Courts of Appeals hear about 28,000 cases a year.  The Appeals courts usually has the final say because so few cases are actually taken to the next level which is Supreme Court.

Lastly, we have the Supreme Court.  This is the highest level of our judicial system.  The Supreme Court only hears about 100 cases a year.  The cases that are presented to the Supreme Court are reviewed by what is called the rule of four.  The rule of four means that at least 4 of the justices must want to hear the case.  Chief Justice William Howard Taft, in reference on how cases were chosen was quoted saying "That involve principles, the application of which are of wide public inportance or governmental interest, and which should be authoritatively declared by the Court" (p. 259).  When the Supreme Court makes a ruling, it does not just affect the individual, or the circuit or the state, it is now federal and affects the whole country. 

I am unable to cover everything about the judicial system but hopefully you get a better idea of how it is broken down and how it operates.  "Judges are like umpires.  Umpires don't make the rules, they apply them" (p. 249)  I think that our judges and our judicial system play the most important role in American freedom.  They interprut the laws and rule on judgements that affect all of us.  But I also think that the citizens play  a pretty big role too, know the rules and laws and follow them.  Hopefully you won't have to consider being late to court!

"Freedom is the open window through which pours the sunlight of the human spirit and human dignity."
     Herbert Hoover~31st President (1929-1933) 

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