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    Burnham, Ch v The judicial System

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    1 BURNHAM, CH v the Judicial System

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    Burnham, Ch v The judicial System

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    8 views12 pages

    1 BURNHAM, CH V The Judicial System

    Uploaded by

    Diego Mauricio Moreno Guzmán
    Burnham, Ch v The judicial System

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 12
    ve {WE LEGAL PROFESSION aw inended to protect wuherable individuals for udue influence, inition and ‘overeaching by an atlomey. Further, the Rules impose stict requirements on the ‘content of adventsing to insure tha its truthful a rat te puble wil not be misled Model Rules alsa impose a duly on lawyers to report any “slgifcant chica duties by ther lawyers "thal aise substantial question a to that lawyer's honesty, lustworthiness, or ness as a lawyer 1 oon as, ee 7 1H con is, ale Some oe hel scons an sao and aves aver sles Aenea pce lee spec. See Cape Op. 73.380. 185 Moon Ms, tu BS. CHAPTER V ‘THE JUDICIAL SYSTEM ‘To speak othe judicial system" ofthe United Sates is misleading, because there al court sytem and system with one cour, the United Slates Supreme Cour, serving tof ast resort! PART I: An Overview of Court Systems and Judges ‘A. Trlal Courts and Appellate Courts: Their Basie Characteristics and Interrclalonship Alle coutt systems in the United States, state and federal, have two basic types of courts: al couls and appellate courts. ‘The two have different functions and characteristics. 1, Teal Courts Fumtionsand Characteristics Judges who staf wal ‘ther judges. They conduct als ether with or without fof case and lie wises ofthe partes. The overal job of tial decision in the first instance on all disputes filed in a given involves hearing the evidence and argumenispresentedby the pr facis in the ease ane applying the la to those facts. Inthe process, the tier o si” alone without any persuade the parties to stl le case or, if hey cannot settle i to narrow egal issues for al In criminal cases, a great deal of tne is spent on tml defendants (aearing a which formal charges are presented hearings (where the prosecution musi present enough the defendant over for rial)" Judges of rial courts also hand ¥o walle the required judicial opinions deciding 4 See Chapter vi pp. 270272 6 “Tue .ubIcaL svSTEM ou ‘motions or tials they have already heard. There are alsoadministrative tasks, such as Conferences with coleagues on mutual problems, personne matters, the operation of the clerk ofthe cous fice, andthe ke, the courtroom. Als, some matters that are requlre or permitted tobe inquired into confidently may be heard *in camera,” ie. in chambers. Since tial counts handle all cases Med ina given judicial system, the atmosphere ina tial cout in a large city on motion day or the day set for prinary hearings in courts, belng atthe botom ofthe judicial system pyramid, are the most ‘numerous cours ina sla orin the federal system. The number fudge sang rial oe eral jurisdiction vais from a high of 48 in California to a ow of 16 in pellate Courts medial Appellate Courts and Supreme Courts Above the wal cours of @ mediate court inthe ocdinary ursdietons igants mustbesaistied only one appeal. However, the cous ol final resort of some sates with twoevel systems, among tem New York, relanzelatvey large etegores of obig3t0y until and unle sed by the slate supreme court. Anothe the fst panel's decsion binding, but to allow the second panel considering the same [These fu do pot che wl cous of ed icin Tis ad oer aormalon repr sing caper nken fon TgBooxcrmveSs Council Sine Governens, {ign Kenly 20) noses pon te ew Yo cut ot ind ee Cae fea inubssthtens tad the Stee fda! Coun Teas and Uma, Gere ae sere ‘pee cous inal an ch appea 1 Canora paces he ted Sales Supreme Court sar ands discus ne 182 1S Cota Appt ole Ninth Cal rere tomers woul be ges— ou, ann eon paces oun ac ge oy {iyo inated en anc ang we fees than ae: Hoeven Be Cal at FR dot snc 180 sng fie one Janay 2D — ad ae are ea of he Fe es See CLA. Ch Re 33 G00. The pce emai cones. ‘No such confit problems attend supreme courts Alljudges partic case heard unless or disqualified. Thus, supreme cous normally sien banc. exe soesan sem ded Chat pt ‘mediate written evidence." Though a verbatim transcript of the sa oper eco of etn no tne ene aleve wo actly saan sper posonto tees ace. et pence -celavesy present of te spelen coud sing astuels ew be evence evidence, the: jury. This would be a violation of he fundarnental Eng cent enonecus when ath ere knee wih ny = ce ne oy ne. It follows from what has been 1 appellate cour generally may not it preliminary ij merits ofa case ean be heard” In the defendant gully will be reversed on factual here was legally insufficient evidence beyond ‘niles rom where they ve and in part because they would notundersiand much ofthe argument, which would be confined to te legal sues. 17 Fora scustion of the sey leading otis almost imate rl, see Robert W. Mila, New Aegis and Pro open Angle mercon Ca Proce, TNL Ro. (85) ow 0 we ‘eccasion for mandamus are narrow and tis said thal “mandarrus wi for that could be remedied adequately by appeal™ However, many st regulary allow such wits as a supplement io inerlocutory appeal” 'B, State and Federal Court Structure and Characteristics lower cours court, Insuch cases, the eeu or superior court acisas single judge appellate cour, ‘Mandamus A lnited path around the final judgment rle is purl of an action fora “wit of mandamus" (an order requrng certain wal court action) or “wrt of prohibition (an order prohibing certain tal courtaction).* Insomestatecoursthese ecient wrtsare consOldatedunder the modemlabel,“wrtofsupesintending contro.” ‘These forms of action avold the fina judgment rule because ey are considered 1 be single judge. ‘Small laims and Other Informal Courts Moststateshave established smal claims visions either in the courts of general justin orn the courts ust below ther. Disputes are imitedto those Involving less thana specifledamountin controversy, such ‘a $300, $500 or $1,000. Sometimes these courts are called "Justice ofthe Peace” Sees Diric Cou, 26 U5. 334 (876) (sapprvig andar as means of m THE sWDIEWL SISTEM ony ‘ame ofthe oficial who presides ove the proceedings, ‘are not lawyers and have no particular legal taining ‘very informal and there is generally no appeal from ‘are prohibited from representing partes in such js o casesin sll claims court wish to aright (ste eae tesa cs “Appellate Courts The srsureo state appellate courts conforms generally otha tion of appelate courts” However, it bears of ast resort of a states the nal arbiter ofthe ‘While the United States Supreme Court has , may do so only on issues of federal law. cussed in Chapter, edeal cours have usdiction over federal Jaw claims claims tha involve pares from diferent states. Such claims can arise ial system, But the numbers of eases handed by California lion while the federal cours handled about a quater that District Courts The basic tral cur in the federal system ts the United States ‘Athough federal aw claims are not as numerous a sate claims, when Issues of they are oflen very Important. Ether the federal Constuton is that Congress has ey tern sysree ‘hat federal judges handle ps the facts tha there are eael fe federal judgesand thal they are appointed by the President for lie, all combine to give federal dst Judges a certain prestige that doesnot attach io state rial cour judges. Federal Cours with Specialized lurisdition There are several federal cours with Implement domestic wiretaps inthe interest of national securtyand wich uses judges from the regular Federal cours. Two specialized courts deal with military and veterans matters: the Court of Miltary Appeals reviews court-martial convictions for miiiary ollnses and the Court of Veterans Appeals reviews decisions of the Department of Veterans Afis on claims fr veterans benefits. ‘Theudges ofall these specialized cout, except the Court of inlemational Trade and Foreign Ineigence Suvellance Court are called Article judges” and thet courts "atic cours.” Unie "Article I” dsr judges they are not appointed fr if, but for specific terms, The diferences between the two types of judges and the effect these differences have on thelr powers are considered inthe chapler on administrative lay, since similar issues arse with administrative agency adjudicators* ‘Thevolume ofcasesthese specialized cours handlelsinsignifcantincompavison to dist Congress has generally resisted pressures lo create more federal courts with specialized jurisdiction, preferring that most federal judicial business be ‘handled by *generalist” Article Il udges who handle all kinds of cases. Federal CourtsofAppeats Above the federal dsc level are the 13 federal courts of appeal. There is right to appeal all final judgments of dsrct courts othe circuit courts of appeals of the appropriate circuit. In addon, the circuit cours have |usscction te hear appeal rom decslons of certain administrative agencies, suchas ‘he National Labor Relations Board and the Department of Health and Human Services.” Eleven of these 13 circuits cover several sates. For example, the Sixth Clit covers Ohio, Kentucky, Tennessee and Michigan. The Distct of Columbia Circuit certain damages suis against the United Stales goverment fom ary ofthe 94 district courts, as wellas appeals from the Caims Cour andthe Cour of Intemational Trade. ‘The smallest numberof court of appeals judges isin the Fst Circul, which has 6 and ‘he largest is inthe Ninh Circuit, which has 28 “Thefederalcircultcourtsofappealhave the rghtto disagree with one anotherand

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