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法律英語閱讀與翻譯教程課文英文版摘錄(編輯修改稿)

2024-09-05 02:05 本頁面
 

【文章內(nèi)容簡介】 state court system because federalism allows each state to adopt a court system fitted to its individual needs, a state court system usually includes several levels, or tiers, of courts. State courts may include trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts,and the state’s highest court(often called the state supreme court). Generally , and person who is a party to a lawsuit has the opportunities to plead the case before a trial court and then, if he or she loses, before at least one level of appellate court. Finally, if a federal stature or federal constitutional issue is involved in the decision of the state Supreme Court, that decision may be further appealed to the United States Supreme Court.(1) Courts of limited jurisdictionAll state courts have had their jurisdiction limited in some way. The jurisdiction of any court es from the state constitution or from statutes passed by the state legislature, or both. Courts of limited jurisdiction, as their name implies, are created to handle cases of limited or special nature. Court of limited jurisdiction is the first set of state trial courts.One of the most mon courts of limited jurisdiction is the municipal court. Municipal courts are often limited to minor offenses or misdemeanors. Municipal courts are often referred as”traffic courts”because their main function is to hear cases involving traffic violations within the city limits. Municipal courts frequently have jurisdiction over cases involving violations of city ordinances.Another category of courts of limited jurisdiction includes county courts. Like municipal courts,which are limited to exercising their jurisdiction within city limits, county courts’ jurisdiction is limited to county lines. County courts typically have a greater expanse of jurisdiction than municipal courts. In criminal cases, for example, county courts may have jurisdiction over offenses with penalties as great as one year in prison and relatively high fines.(2) Courts of general jurisdictionA second level of courts in most state judicial system consists of courts of general jurisdiction. A court of general jurisdiction has the power to hear any case that falls within the general judicial power of the state. That is , a court of general jurisdiction has the authority to render a verdict in any case capable of judicial resolution under the constitution and laws of the state. Courts of general jurisdiction are the major trial courts of the state. They may be called superior courts, district courts, circuit courts, as in the case of New York, supreme courts. Court of general jurisdiction is another set of state trial courts.(3) Appellate courtsAll states have some kind of appeals mechanism available for litigants who were unsuccessful at the trialcourt level. Most states have created an intermediate appeals courts between the trial courts and the states highest court of appeal. The purpose of intermediate appeals is to guarantee the litigants the right to at least one appeal while preventing the state’s highest court from having to hear “routine”appeals. These intermediate appellate courts screen out the routine cases so that only the most important cases reach the states’s highest court.(4) State Supreme(Highest) CourtsEvery state has a highest appellate court, usually called the state supreme court. Many states have chosen to pattern their state’s highest court after the . Supreme Court in the number of justices, procedures, and so forth. The highest appellate court in a state is usually called the Supreme Court but many be called by some other names. For example,in both New York and Maryland, the highest state court is called the court of appeals. The decisions of each state’s highest court on all questions of state law are final. Only when issues of federal law are involved can a decision made by a state’s highest court be overruled by the United States Supreme Court.3,The Federal Court SystemThe federal court system is characterized by two types of courts:constitutional and legislative. Constitutional courts are sometimes referred as Article Ⅲcourts because they are created under Article Ⅲ of Constitution, which authorizes Congress to “ordain and establish” courts inferior to the Supreme Court. The Constitution also states that judges of both the supreme and inferior courts”shall hold their Offices during good Behavior”,which is tantamount to a lifetime appointment, subject to removal only through the impeachment process. Furthermore, Congress may not reduce the salaries of constitutional court judges “during their Continuance in Office”, district courts, . Courts of appeal, and the . Supreme Court are examples of constitutional courts.Legislative court are created by Congress, pursuant to one of its legislative powers. Article I empowers Congress to make all laws”...for organizing, arming, and disciplining the Militia.” Under that authority, Congress may establish military tribunals for the purpose of disciplining soldiers. Two major distinctions generally differentiate legislative courts from constitutional courts. First , the judges who serve in the legislative courts do not have lifetime appointment, but instead serve fixed terms of office. The length of the term designated by Congress is often a long one in order to ensure judicial independence. The second distinction is that a legislative court judge’s salary is not protected by Constitution, as in the case of constitutional court judges.In conclusion, the federal court system is posed of courts created by Congress under either Article I or Article Ⅲ powers. The federal courts are not “ superior” to state courts: rather, they exist alongside state courts. The vast majority of cases are tried in state courts. Nevertheless, the federal courts remain an alternative forum that citizens can turn to for relief if state courts prove unresponsive. It is no surprise to discover that sout
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