Free «The Judiciary Act of the 1789» Essay Sample

The Judiciary act of the 1789 established a Federal Courts system witch included a dividing jurisdiction upon creating three federal court levels which are: the district courts, the courts of appeal, and the Supreme Court. Additionally to this levels of federal justice where created special courts that deal with narrow legal issues in cases of specific types.

As mentioned below the Federal Courts function on tree levels. There are 94 federal district courts witch also function as appeal courts and trial court. This court are assigned in specific geographic areas and have jurisdiction over such crimes as small mail frauds, bank robberies or smuggling. This courts also served as the fist courts to hear the state questions involving constitutional questions. A Court of Appeal is covering each circuit. There 13 of such courts in which are brought up the decisions of district courts or rulings by federal administrative agencies. Legislative and special courts deal with technical matters of the law or some specific areas of jurisprudence such as U.S. Tax Court, the U.S. Court of Military Appeals, and the U.S. Court of Veterans Appeals

The Supreme court acts as the final interpreter of U.S. Constitution. It reviews cases from the appeals courts as also the cases of state supreme courts. Supreme court consists of nine justices witch are nominated and elected by the president. This justices have to be confirmed by the Senate. One justice is appointed as the Chief Justice and has additional administrative duties related both to the Supreme Court and to the entire federal court system. The Supreme court as a institution is the highest power of the jurisdiction in United States. Although none of the judges is elected by the nation directly they govern all the most major political processes and cases that arise in spectrum of the law. Mostly the American even can’t name any of the justices that is holding the position in the Supreme court. The nation mainly does not enquire to the cases that are conducted in this court it can be related to that that the oral arguments are not televised and the outcome of the cases are conducted in outmost secrecy.(chp. 9.5 ) This kind of actions could become a real dispute regarding that a highly important political question are resolved during the hearings of the court. The Court has original jurisdiction in “ all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party.” It is rare for more than four or five of these cases to come to the Court in a year. The second kind of jurisdiction enjoyed by the Court is its appellate jurisdiction. The Court has a right to decide witch cases will be heard by it but mostly denying a majority of the cases that appeal to it for a hearing. In way it is a good way of controlling the caseload of that institution, considering that almost 75-90 cases are taken by them per term(fig. 9.1) All of these cases must correspond with essential points that concern federal questions or involve a federal statute, action or treaty. The Supreme court has taken out many important decision that impact a major field of life of every citizen of united States, even if they are not aware of it. Mainly it created the system that we take up in the daily basis : the act of the fair decision. This was achieved by Marshall Court, prior to which justices delivered their individual opinions in order. For the Court to take its place as an equal branch of government, Marshall believed, the justices needed to speak as a Court and not as six individuals, ever then this is the way the prime law is conducted. Finally, the Marshal Court claimed the right of judicial review, from which the Supreme court derives day-to-day power and impacts on the policy process. Also one the most important decisions taken by the Supreme Court was ruled in Reynolds v. Sims ( 1964) that every person should have an equally weighted vote in electing governmental representatives. A rule “ one person, one vote” was to be considered from then one more deeply.(chp. 9.7) This way was created one of the most honored rights of each one of us. A fair decision and a fair consideration of any question has a full right to be seen and analyzed fro many perspective that is given by each of the involved in it.


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