The first partCourt

America consists of fifty-two independent court system. Columbia zone and each state has its own court system is well developed and independent, in addition to a separate federal court system. The federal court is not higher than the state courts; they are composed of American constitution article third paragraph 2 authorized a particular federal interest independent parallel existence of system. The presence of two parallel court system often raises questions concerning the relationship of state and federal system, it is an important problem of federalism. Composed of nine justices of the Supreme Court America above all of these systems, with the final and controlling voice. Although a few states, such as Nebraska has a two level system, the federal courts and most states are three level model. This means that for any action, will have the opportunity to submit the case to the trial court, if he lost, so there are two levels of the right of appeal, but he ultimately may win on appeal. For example, in the federal system, court is American district court, each state has at least one trial court. Many large state based on population, geography and the number of cases pending division factors into two, three or even four jurisdictions. USA consists of 94 regions, and each district court has one or (usually) has two or more judges. After an adverse judgment in the district court, litigants may appeal to the circuit in which the district court is located in the USA court of appeal. The federal system consists of 11 numbered intermediate appellate courts, each comprising three to ten states and territories. In addition, Columbia SAR has a court of appeal, the trial from the local union
The state court of appeals, and one for the federal circuit and the establishment of the court of appeal, accept from a variety of special Federal Courts such as the appeal court of claims. Each court of Appeals has four or more judges, three of them form a collegial panel to the district court's decision and some decisions of administrative agencies review. In some cases, losing litigant in the court of appeals people can obtain USA Supreme Court case. Cases in the state courts can also through a trial court, a court of appeal and a state Supreme court. If it relates to the federal constitutional issue, the decision of the state Supreme Court may be America review by the Supreme court. Since 1988, the Supreme Court of the United States is discretionary review of civil cases; virtually all civil cases as (the) right to appeal to the Supreme Court have been abolished. Three level system are different in the Supreme Court's role. (States) of different practices adopted reflects different ideas about the Supreme Court should play what role (Philosophy). For example, in California, only the condemned criminal cases can be appealed to the state Supreme court. Similarly, in the federal courts, except in a few very limited circumstances, appeals to the United States Supreme Court writ of certiorari of discretion. The court decides for itself what are the most important questions that deserve the attention, and will refuse to review it thought it would not issue rulings. Supervision on a case by case basis in this way it to the lower court for judicial acts. At the other end of the spectrum, such as in New York, a statutory provision in a lot of cases have the right to appeal to the Supreme court. The main role is to ensure that the New York court of appeal case to be the right decision. When you want to determine the specific rules of the court of appeal, it is necessary to carefully the relevant legislation of the system.

The second partJudge

Those admitted to practice law only less than 1/20 of federal, state, county, and municipal court judge. Except some lower level courts, judges are generally required to be admitted to practice, but they shall not practice while on the bench. Because of the consistency of too little, so the three obvious characteristics on the selection of the grades of judges, the selection method and term, it is difficult to generalize further. Judges are elected from practising lawyers, rarely from the elected government service or the teaching profession. In many other countries have the same occupation USA not judge, but to want to be the judge of the young law school graduates provides no way to go, not necessary to apprentice, does not have to enter the industry (first). The young law school graduates as a federal or state court is the most famous judge legal assistant work, two years can obtain experience from them in return, but not to engage in the occupation guarantee. But a lower court
The judge to obtain high grade court position situation is very common, even this cannot be said to be a rule. Legal occupation is not completely ignore the occupation the advantage, but people usually think American lawyer to court experience and independence is more important than this advantage. Many of the outstanding judges of the Supreme Court of the state have had no prior judicial experience. Criticism in the popular method of selection of judges. State court judges are elected, and are generally by the public vote, but occasionally by the legislature vote. The public election by a lot of people including American Lawyers Association, opposition, the reason is that the public candidates for judicial office and lack of interest are poorly understood, so the result is usually controlled by leaders of political parties. Since many local bar associations have undertaken to evaluate the qualifications of candidates and then decided to support or not, the situation has been somewhat improved. Since 1937, USA Lawyers Association put forward an alternative system, according to the system, governor appoints judges from a special committee of the nomination list submitted by the judge, and to regularly attend the competitors are not the reappointment of public elections, the election is based on its work performance. This system is currently a few state for at least some judges implementation. In a small number of States, while the legislative organ for approval, judges are appointed by the governor.
If approved by the Senate, appointed by the president, a federal judge is a kind of selection method. Even in the appointment system, the selection of judges is not immune from political influence, so the appointees are usually of a president or a governor's party. A federal judge committee but the list of candidates to be submitted to the American Lawyers Association, and generally only with its consent to the appointment. Justice and chief justice of the placement is usually associated with other judges the same, although in some states it is on a rotating basis from the member of the court in accordance with the (in the hospital) working experience or be by vote of the judges. Appointed by the president with the premise American chief justice in the Senate consent.
The third characteristic is that judges usually have tenure and non tenure track. Courts of general jurisdiction is usually 4, 6 or 8 years, but the appeals court is 6, 8, or 10 years. Thankfully, even in public elections for judges, the judges who have work satisfactory can usually re-election. In a number of state and federal courts, judges are appointed for life. Regardless of tenure or tenure, a judge may be removed from office and go through formal procedures only for gross misconduct. The situation is extremely rare, several federal judge can be counted on one's fingers only after a formal procedure by the recall. The judge is not because of its civil justice act incurring Civil (compensation) responsibility to ensure the judicial independence, even if guilty of fraud and corruption and so.
American Bar Association's "code of conduct of judges" as a judge should abide by a standard has been widely accepted. Although senior judicial position of wages lower than the income of a successful private practitioner, but usually is very high, the position of prestige is very high, so the judges can attract national legal talent the most capable. America legal you most are from famous judge.