4.The State Court System

The state court system also has a hierarchy of three levels：superior courts，appellate courts，and a state supreme court.Superior courts usually function at the county level.They handle two types of cases：criminal cases and civil cases.Criminal ones involve violent crimes，such as murder，armed robbery，rape，and nonviolent crimes，such as fraud.Many criminal cases do not come to trial because the defendant⁴ enters into a plea bargain，that is，an agreement to plead guilty to a lesser charge in return for a reduced sentence.Prosecutors may agree to a plea bargain，which saves the judicial system time and money，because the original charge may be difficult to prove.Civil cases are disputes over property，money，contracts，or personal injury.Plaintiffs⁵ usually seek compensatory damages，money for the loss or harm done，and punitive damages，a monetary award to make it clear to the defendant not to engage in such actions in the future.Some civil cases may be brought as class action suits.These are cases in which a large number of people have been affected，and the compensation award is distributed to all the victims.

If a defendant loses at trial and there are questions over legal procedures or matters of law，the case may be appealed to an appellate court.The case is argued before a panel of judges rather than a jury，and the decision is made by a majority vote.The appellate court can reverse the original verdict，let the verdict stand，or call for a new trial.Of the millions of cases heard by trial courts throughout the United States，only a very small percentage is brought to the appellate courts.

Whatever the outcome at the appellate court，the case may be further sent to the state supreme court.Almost all these appeals come from defendants.Acting as a group，the supreme court justices make decisions that become the highest law in the state.

The state court judges are usually elected.At the municipal and county levels，the term of office is usually four years.The higher courts have eight-or twelve-year terms.State judges are responsible to the state law，not to the Supreme Court.

Notes

1.Electoral College：The presidential electors from each state who meet in their state capital after the popular election to cast ballots for President and Vice President.（See details in Chapter 12）

2.Grand jury：A jury comprising 12to 23persons who，in private，hear evidence presented by the government to determine whether someone shall be required to stand trial.

3.Petit jury：The ordinary jury for the trial of a civil or criminal action.So called to distinguish it from the grand jury.

4.Defendant：In civil action，the party defending himself or herself against charges brought by the plaintiff.In a criminal action，the person charged with the offense.

5.Plaintiff：Party who brings a civil action or sues to obtain a legal remedy from a court for injury to his or her rights.

Exercises

Ⅰ.Choose the correct answer.

1.Which one in the following limits the President to two successive terms only？

A.The 20th Amendment（1933）.

B.The 21st Amendment（1933）.

C.The 22nd Amendment（1951）.

D.The 23rd Amendment（1961）.

2.The American President has all the following powers except________.

A.deploying armed forces

B.making treaties

C.declaring war on another country

D.granting pardons

3.The president’s major appointments should be approved by________.

A.Congress　　　B.the House

C.the Senate　　D.the Supreme Court

4.Which is not correct to explain the executive agreement？

A.An agreement between the president and another country.

B.It has the force of a treaty.

C.It requires the approval of Congress.

D.It does not require the Senate’s advice and consent.

5.The President’s veto can be overriden bytwo-thirds votes in________.

A.the House　　　B.the Senate

C.both houses　　D.the Supreme Court

6.The federal courts that regularly employ grand and petit juries are________.

A.the Supreme Court　　　　　　B.the courts of appeal

C.the district courts　　　　　D.specialized courts

7.The highest authority of the Supreme Court is________.

A.to review decisions of the courts of appeal

B.to review decisions of the federal district courts

C.to try the impeachment case

D.to interpret the US Constitution

8.The cases involving copyright，trademark，counterfeiting，and bank robbery are usuallyfirst tried in________.

A.the courts of appeal　　　　　　B.the appellate court

C.the federal district courts　　 D.the state supreme court

Ⅱ.Fill in the blanks.

1.By law any________American citizen of and over ________years of age and of beinga resident within the United States for ________years can run for the President.The duly elected and duly qualified president-elect takes office on the ________of January following his election.

2.The War Powers Resolution（1973）requires the President to________ Congress and withdraw troops after ________days unless Congress specifically approves the continued ________of troops.

3.A federal law gave President an item veto in________，which is an authority to reject specific ________of a bill without havingto veto the________bill.

4.The Supreme Court has the power to examine the ________passed by Congress and policies made by President，and declare them ________and thus________them.John Marshall，the most famous chief justice（1801-1835）in American history，called this power of interpretation________.

5.There are three federal court levels：1）________，2）________，3）________.All the judges of the federal courts are appointed by________ with the consent of the________.The state court system also has a hierarchy of three levels：1）________，2）________，3）________.The state court judges are usually________.The term of the county court judges is usually________years.And the judges in higher state courts usuallyserve________or ________years for one term.

Ⅲ.Questions for Discussion.

1.How do you understand that the US President holds big influence in law-making？

2.How is the President’s power limited？

3.Why do the criminal cases in a state not come to trial in the superior court？

4.What is the class-action suit？