Early Systems of Law Law in democratic societies resolves conflict, defines criminal acts, and sets their punishments. The Code of Hammurabi used categories much like criminal law, property law, and family law. The Ten Commandments became a model for ethical laws. Roman law spread with the Roman Empire. English common law is the most important basis of the American legal system.

Principles of Democracy in the Judiciary Laws provide guidelines for behavior, and courts provide a solution when laws are broken. Laws must be clear, known to all, obeyed by all, and equally, fairly, and consistently enforced. Through the power of judicial review, the judicial branch checks the other two branches. Judicial review is the power of courts to declare unconstitutional a law or official action. The judiciary branch is limited by the executive and legislative branches and by the law itself.

Judicial Independence In a democracy, courts must act impartially and decide fairly without outside pressure. In some states and in the federal court system, judges are appointed for life terms. Judges in most states, whether elected or appointed, must face retention elections.

The Function of Trial Courts Criminal trial courts hear cases about crimes such as burglary or murder. Civil trial courts hear cases where one person or group accuses another of causing harm. Trial courts have original jurisdiction over both criminal and civil cases. The United States has an adversarial system, in which each side presents witnesses and evidence. The judge functions as a referee to ensure fairness.

The Trial Process In a civil trial, the plaintiff accuses the defendant of causing damage. In a criminal trial the government, as prosecutor, accuses the defendant of a crime. The jury gives a verdict based on evidence presented in court. If a defendant cannot afford a private attorney, the state or trial judge appoints a public defender. Many civil cases settle out-of-court, and many criminal cases are settled by plea bargains.

Juries The Fifth Amendment requires a grand jury indictment before trial in a federal court for a serious crime. The Sixth Amendment guarantees the right to a jury trial for criminal cases in federal and state courts. The Seventh Amendment guarantees the right to a jury trial for civil cases in federal courts. Citizens have a civic duty to serve on juries when called upon. Juries must reflect the diversity of the community in which the trial is held.

Types of Cases That Are Appealed Appeals are possible when the losing party can claim that an error of law affected the outcome. Mistakes on the part of the judge in applying the law or in allowing evidence are errors of law. Procedural due process ensures a fair trial by requiring that consistent procedures are followed. If a constitutional guarantee is violated, the case can be appealed.

Procedures at an Appeals Court The lawyers for each party present arguments for or against the trial court’s decision. The judges may uphold the trial court’s decision, reverse it, or send the case back for retrial. The ruling of the court is usually explained in a written opinion. If the judges are not in agreement, a majority opinion and a dissenting opinion will be issued. A concurring opinion is issued by judges who support the ruling but for alternate reasons.

Precedent and Stare Decisis Precedent is an important consideration for appeals court judges. Precedent, or stare decisis, makes the law predictable and provides stability. Precedents apply to all the courts below the court that rules in the case. Appellate courts may, rarely, overrule one of their earlier precedents.

Jurisdiction Jurisdiction in the court system refers to the authority of a court to decide a particular kind of case. Cases start in courts with original jurisdiction and may be appealed to courts with appellate jurisdiction. Federal courts have limited jurisdiction, which means they only hear particular types of cases.

State and Local Courts Each state has its own court system, which is where most legal cases are resolved. State courts hear a wide variety of cases, making them courts of general jurisdiction. State court systems generally have minor courts, general trial courts, and appeals courts. State judges are elected by popular or legislative election, appointment, or a combination of these.

Federal Courts Federal courts are courts of limited jurisdiction, hearing questions on federal laws or the Constitution. There are 94 federal judicial districts, each with a federal district court. These trial courts are grouped into 12 regional circuits with a federal court of appeals in each. Special federal courts handle issues such as bankruptcy, patent law, and veteran’s issues. Federal judges are appointed by the president and confirmed by the Senate with lifetime appointments.

Other Courts Under the authority of the Constitution, Congress established the military justice system. The Uniform Code of Military Justice contains the rules governing the military. Violations of the UCMJ are heard in proceedings called courts-martial. Tribal courts hear both criminal and civil cases, although the jurisdiction of the courts is limited.