USA

I. Intro

 Common Law followed – Precedent followed as opposed to jurisprudence constantae

II. Federal Courts

 Article 3 Courts
o District Court
 94 judicial districts
 Every state has at least 1distt. California – 4 distt
 Appeal go to circuits on question/error of law
 Jury system
 Judges often adjudicate in each other’s courts
 Matters-
 Civil actions; criminal prosecution by fed gov; actions against fed gov treaties
of US; matters between citizens of 2 states; maritime jurisdiction;
o Circuit Court (Court of Appeal)
 12 circuit courts
 Washington (13th circuit) – takes appeal from special courts
 Appeal go to USSC on question/error of law

o US SC
 9 judges including CJUSA
 At least 4 of 9 sit
 Generally no original jurisdiction (only in exceptional matters like those concerning
ambassadors)
 Similarities with India
 Set by consti and cant be abolished (keshwanand bharti)
 Highest court of appeal
 Represent common law (stare decisis and precedent
 Congress/Indian parliament – decides number + salary
 Appointed by president on advice of senate/other judges
 Can declare statue void
 Impeachment – treason+bribery+high crime/incapacity or proven mis
behaviour
 Majority and minority opinion
 Dissimilarities
 Powers given by congress/constitution
 No approval/approval by president
 No retirement/65
 Mostly appellate power/appellate+original+advisory
 Power to parliament to change structure/no power basic structure
 Removal - treason+bribery+high crime/incapacity or proven mis behaviour
 o Other special courts – appeal goes to 13th circuit
 US Court of Claims
 US Court of Int. Trade
 Article 1 courts (est at federal level by congress) – can be modified by congress
o Bankruptcy Courts (matters under bankruptcy code) – 1 for each district-appeal to 12 circuits
o US Tax Courts – appeal to 12 circuits
o Magistrate court (criminal/civil matters) – appeal to 12 circuits
o US Court of Veteran Appeal – appeal to 13th
o US Court of Military Appeal (uniform code of military justice) – appeal to 13th

 Article 4 courts
o For insular areas – territorial courts. Where no jurisdiction of 50 states
o Virgin island; Columbia; northern mariana island; guan; portarico

 General – all federal court judges appointed by President on advice and consent of senate
 No age of retirement or superannuation. Hold office till good behaviour
 Matters – federal for distt- courts

III. State Courts

 No uniform code
 Each state – separate + complete system
 General structure
o Lowest level – trial court (called court of pleas/superior courts/county courts)
 Judges may be elected/appointed
 2 types
 Court of ltd. jurisdiction
o Specific matters
 Eg – probabte courts/family courts/traffic courts/small claim
courts
o Single judge
o no jury trial
 Court of general jurisdiction
o Other matters
o Single – 3 judges
o Jury trial
o US State SC
 Appeal to USSC only in limited matters of federal nature