The US judicial system. The U.S. judicial system is two-tiered. It includes the federal judicial system, as well as the judicial systems of the states, the Federal District of Columbia and the dependent Territories. The federal courts consider legal disputes only on those issues that are assigned by the Constitution to the competence of the federation. As a rule, federal court rulings cannot be appealed to state courts and vice versa. Federal courts are created by decision of Congress, their judges are appointed by the President with the consent of the Senate and remain in office as long as they behave flawlessly (i.e. for life). 1. Cases in the first instance with the application of federal laws are considered by district courts of general jurisdiction (in criminal and civil cases). There are also special courts in the districts: tax, customs, claims against the US government, etc. 2. The courts of appeal consider complaints against the decisions of the district courts, the appeal process takes place, as well as the trial at first instance, with the summoning of witnesses, the presentation of documents, i.e. the case is considered on its merits. The courts of appeal also consider complaints against decisions of tax and claims courts, but there is a special court of appeal for district customs courts. 3. The main role in the U.S. judicial system is played by the U.S. Supreme Court. It consists of 9 members, including the Chairman, who are appointed by the President of the United States with the consent of the Senate. The Supreme Court serves as the first instance in cases where diplomats of foreign states or the state are a party, but it mainly acts as an appellate instance with elements of cassation (as such, a separate institution of cassation is unknown to the US judicial system). Since 1803, the Supreme Court has been exercising constitutional control, being the last and decisive instance on this issue. The institution of judicial constitutional review is unknown to the US Constitution, it was formed on the basis of judicial precedent. The Supreme Court interprets the US Constitution, verifies the constitutionality of US and state laws, verifies the legality of executive regulations, establishes common law norms (judicial precedents) if the provisions formulated by the court are not "incidentally said", but relate to the merits of the case. The Supreme Court of the United States exercises only subsequent judicial control (like other courts for which it is the decisive instance) and only in connection with the consideration of a specific court case, and not in the form of a special claim on constitutionality. The law (or part of it), recognized as unconstitutional, is not formally annulled by the court (the court does not have such a right), remains in the collections of laws, but is not applied by the courts, i.e. it is deprived of legal protection. Since 1803, the Supreme Court has declared about 130 provisions of laws unconstitutional. State courts can hear cases under both state and federal laws (in ordinary cases, the Supreme Court of the state is the last instance, in matters of constitutionality — the Supreme Court of the United States). The judicial systems of the states are very diverse. The judicial system of the states consists of four instances: 1) The Supreme Courts are the highest court in the state; 2) Courts of appeal; 3) courts of first instance; 4) Lower courts (magistrates' courts, police courts, etc.). There are general courts, magistrates, police courts (in criminal cases), and many different special courts for minors. on labor disputes; in coastal states — maritime courts, etc. The institutions have an administrative judge appointed by the head of the institution. He makes only preliminary decisions on citizens' complaints. If such a decision is not appealed to the general court or is not overturned by the head of the institution, it becomes final. Courts are formed in different ways: judges are elected by the population, appointed by mayors of cities, municipal authorities, and chairmen? higher courts. The list of jurors is usually drawn up by municipal authorities with the participation of various associations of citizens, and for the consideration of a particular case, the jury is determined by lot. In cases involving issues of national minorities, jurors are selected especially carefully, often through the coordination of various associations and judicial authorities. Military courts are a special part of the federal system. Federal courts are created by decision of Congress, their judges are appointed by the President with the consent of the Senate for life (but impeachment is possible). The cases of the first instance are considered by the district courts of general jurisdiction (in criminal and civil cases).
