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新编英美概况:第3次修订版
1.14.3 3.The Federal Court System

3.The Federal Court System

There are two court systems in the US:the Supreme Court and the lower federal courts,and the state courts.The two systems are somewhat parallel.Ultimately,the federal courts may receive appeals from the state courts,and the Supreme Court has final jurisdiction on constitutional questions.

There are three federal court levels:the district courts,the courts of appeal,and the Supreme Court.The district courts function as both trial and appellate courts.They are the only federal courts that regularly employ grand2 and petit3 juries.There are presently 94district courts that are assigned specific geographic areas in the nation.As trial courts,they have jurisdiction over such federal crimes as mail fraud,counterfeiting,smuggling,and bank robbery.Federal civil cases may involve interstate commerce,environmental controversies,copyright,patent right,trademarks,and bankruptcy.District courts also serve as the first federal courts to hear state cases involving constitutional question.All district judges are nominates by the President and confirmed by the Senate.They hold office for life.

The courts of appeal have only appellate jurisdiction.Decisions of the district courts and rulings by federal administrative agencies can be brought to federal courts of appeal.There are now 13courts of appeal in the US,each covering ageographic area called a circuit.They hand down decisions based on the majority vote of a three-judge panel.Decisions of the courts of appeal are usually final except as they are subject to appeal to the Supreme Court.Circuit judges are also appointed for life by the president with the consent of the Senate.

The Constitution establishes the Supreme Court as the highest court in the federal system,and its decisions are the supreme law of the land.Two types of cases come to the Supreme Court:appeals from the courts of appeal and cases involving original jurisdiction,such as the cases involving the state or diplomatic personnel from other countries.The Supreme Court also has the power to examine the bills passed by Congress and policies made by President,and declare them unconstitutional and thus abolish them.John Marshall,the most famous chief justice(1801-1835)in American history,called this power of the interpretation of the Constitution judicial review.This is the highest authority of the Supreme Court.

Now the Supreme Court has one chief justice and eight associate justices.Decisions are made by the majority,with each having one vote.Currently six justices constitute a quorum.In the event of a tie vote,the decision of the lower court is sustained,although the case may be reargued.The justices of the Supreme Court are appointed by President with the consent of the Senate.They serve for life,but can be removed by impeachment.