Q:

How is judicial power distributed?

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Quick Answer

In the United States, judicial power is divided between the federal and state governments; within each court system, a tiered structure of original and appellate jurisdiction is in place. Both the executive and legislative bodies of government exert checks over the power of the judiciary. Judicial power is outlined in Article III of the Constitution.

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Full Answer

States and the federal government have their own court systems. The federal court system tries cases involving disputes between states, admiralty law, bankruptcy, ambassadors and public ministers, the constitutionality of a law and the laws and treaties of the United States. The Constitution grants the federal judiciary charge over these matters. Jurisdiction over all other issues are reserved to the states, including most criminal cases, wills and estates, personal injuries and family law.

Within both the federal and state court systems, there are differing levels of jurisdiction. Citizens normally initiate trials in a district court, bankruptcy court, tax court or the Court of Veterans Appeals. Disputes over the decision in one of these courts may be appealed to a U.S. Court of Appeal. The highest court of appeal is the U.S. Supreme Court. However, the Supreme Court is not obligated to hear all appeals made to it.

State courts are also dedicated to specific cases, including juvenile courts, family courts and probate courts. Like their federal counterparts, state court systems have supreme courts that serve as the ultimate court of appeal.

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Related Questions

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    What are examples of judicial power?

    A:

    The judicial system's power relies on the structure of checks and balances in government. The judicial branch of government includes the Supreme Court, courts of appeal and district courts. The judicial branch checks both the executive and legislative branch, but it also follows balances from these two branches. It has the power to enforce law and order and protect the rights of the citizenry.

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  • Q:

    What is the concept behind the checks and balances system of the U.S. government?

    A:

    The checks and balances system in place among the branches of the U. S. government acts to prevent one branch from having too much power. For example, Congress limits the president's power by its right to deny a presidential appointment to a federal court or other position. The president limits the power of Congress by his ability to veto legislation, and the Supreme Court limits the power of the other two branches by its ability to declare an action unconstitutional.

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    Why is judicial review controversial?

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    Judicial review is controversial because an unelected group is charged with interpreting the Constitution and thereby the validity of laws affecting the populous.Judicial review should be void of all political bias, however, the power granted to a body that is not accountable to the public can be seen as an imbalance in the checks and balances intended by the three branch system of democracy in the United States.

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  • Q:

    What is a confederate system of government?

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    A confederate system of government is one where regional, or state, governments hold most of the power and the central government is weaker. The central government holds only the amount of power that the smaller political units allow it to exercise. This type of government is much less common than federal or unitary systems.

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