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| COURT TRIALIn the American judicial system, trial courts are the foundation of the judicial process. This is the forum where disputed facts are decided. These courts hear the testimony of witnesses, examine the evidence, evaluate the merits of the case according to legal precedents, and resolve the dispute. A party unhappy with the outcome of the trial court might appeal its decision to another higher, appellate court. However, appellate courts accept the facts as determined by the trial court below, and rarely hear new evidence. Instead, the appellate court determines whether or not a mistake has been made in how the law was interpreted and applied, based upon the record brought up from the trial court. While appellate courts serve as a check to ensure a fair trial, few cases are appealed; for most Americans, the trial courts, not the appellate courts, are the primary means of settling disputes. Similarly, the vast majority of disputes, whether civil or criminal, are resolved in state rather than federal courts. State courts are separate and independent from the federal fudicial system, and are governed by the constitution and laws of the individual states. This system allows for wide latitude in the structure of court systems and judicial processes from one state to another, so that local customs and legal traditions may be reflected in the system of each state. In New York, for instance, the court known as the Supreme Court is actually a trial court, and the highest court in that state is known as the New York Court of Appeals. But more often than not the court systems of the different states do adopt proven rules of judicial process from other jurisdictions. For example, the Federal Rules of Evidence initially adopted for application in federal trial courts are now followed by most state court systems as well. Trial courts, whether state or federal, are of either general or limited jurisdiction. A trial court of general jurisdiction has the broad power to hear a wide variety of cases. At the federal level, the trial court of general jurisdiction is the district court, and federal district court judges are appointed with lifetime tenure to insulate them from political influence. Courts of limited jurisdiction include specialized courts that hear limited categories of cases. Most citizens are familiar with the names or concepts of some state courts of limited jurisdiction. At the state and local level these courts include traffic court, juvenile court, justices of the peace, small claims court, family court, and probate court. Less familiar are some of the specialized federal courts, such as bankruptcy, admiralty, or tax courts. Other specialty courts, such as military courts or territorial courts, while significant, are rarely encountered by anyone other than those intimately involved with the respective systems. The jurisdiction of federal courts is determined by the federal Constitution and federal laws. Article III of the Constitution states, "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish." These inferior courts were established by the Judiciary Act of 1789, which provided for the establishment of federal trial and appellate courts. The Judiciary Act also established two basic methods for obtaining federal court jurisdiction: diversity jurisdiction and federal jurisdiction. Diversity jurisdiction pertains to conflicts arising between two or more states or their citizens; federal jurisdiction covers cases arising under the Constitution and laws of the United States. While attempts have been made to curb diversity jurisdiction, these two fundamental types of jurisdiction remain in force today. On the other hand, court structure and rules of evidence and procedure have been subjected to constant change. Even though federal and state court systems are separate from one another, they often interface at various levels. In some instances, the party bringing an action may have a choice of filing in either federal or state court, when both systems have jurisdiction. For example, this would apply to diversity jurisdiction cases. If the defendant does not like the plaintiff's choice of forum, he may be able to remove the case from state to federal court. Additionally, cases begun in state court sometimes reach the United States Supreme Court when the petitioner argues that rights guaranteed by the United States Constitution have been violated and were not remedied in the state s courts. Section 25 of the Judiciary Act gives the U.S. Supreme Court appellate authority to review state court decisions involving federal questions and the federal Constitution.
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TITLE: Law and Legal Services at Legal Services Online Shopping Mall |
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