The federal court system of the United States has been divided into 94 federal judicial districts in order to efficiently dispense federal justice. The physical extent of the powers of each judiciary is not necessarily bound by state borders or borders of any specific kind, but is decided by Congress (“Court Role and Structure”). For example, the District of Wyoming has jurisdiction over all of Yellowstone National Park, including the areas of the park that are located in Montana and Idaho. Another example is that of New Jersey, where the physical extent of the jurisdiction includes Camden, Newark, and Trenton.
One of the most important reasons for this division of the court system is so that there is clear demarcation of what cases can be heard in which court, in order that no single court is flooded with too many petitions. The purpose of this exclusive jurisdiction is so that certain cases, defined by their subject matter, will only be heard in certain courts and nowhere else. On the other hand, concurrent jurisdiction involves cases that can be tried in at least two different courts. For example, cases involving parties from different states can be heard by either a federal court or the state court to which the defendant belongs.
The appointment of federal judges is governed by the Appointments Clause in Article II of the United States Constitution (“The Constitution of the United States”). This clause states that federal judges can only be appointed by the recommendation of the President and a confirmation by the Senate. A federal judge’s tenure can last until their retirement and there is no limit to how long a single judge can serve in a single court. However, a judge is appointed to a specific court for a term of no more than seven years after when new nominations are held, at which time the judge can be re-nominated to the same court.
Appointments of state judges in New Jersey follow a gubernatorial system where the state itself chooses judges and sends their names in for approval by the Senate (“New Jersey Courts”). The practice is known as Senatorial Courtesy. There is also a long-standing tradition where the governor appoints a judge affiliated with his/her predecessor’s party regardless of their own.
There are three methods for the removal of judges. First, the impeachment process, which can be started by a majority of either house submitting a complaint to the Supreme Court, or the Supreme Court itself launching an investigation into misconduct. The Supreme Court has a separate committee of its own to investigate such matters, and can choose one of several courses of action if the judge in question is convicted. The judge can be reprimanded, censured or suspended without pay, or impeached. Second, a two-thirds majority in the Senate along with a majority vote in the general assembly can result in impeachment. The third and final method of removal is if a judge is found to be so incapacitated as to be unable to perform their duties satisfactorily, the Supreme Court can grant the governor discretionary power to set up a three person tribunal to decide whether or not to retire the judge (Hogan 9).
In such cases, municipal Courts and tax Courts hold original jurisdiction. However, if necessary, the case can be pushed to the highest appellate court in the state of New Jersey – the New Jersey Supreme Court, which is the court of last resort (“Judicial Selection in the States”). The decisions and interpretations of this court regarding the constitution of New Jersey holds as final and binding on all lower courts.
With regard to federal law and the United States Constitution, the highest court and also the court of last resort is the Supreme Court of the United States. The interpretations of this court on all matters pertaining to federal and constitutional cases is considered to be binding on all courts in the country, including all federal courts and all state level courts (Benitez 231).
The US Constitution is the supreme body of laws that forms the bedrock of the American legal system. While states can pass laws as they see fit, if any suitable case is brought before the Supreme Court and is found to violate the Constitution, the Supreme Court has the power to strike down that law as unconstitutional, regardless of how or why the state passed it.
Article VI states that all laws and treaties must be established in accordance to the Constitution, and therefore it is the Constitution that is the supreme law of the land (“The Constitution of the United States”).
Since the Supreme Court is the highest court of the land and all decisions are considered to be binding, there can be no appeals against the final decisions of this court.
The hierarchy of courts in New Jersey begins with the municipal courts, which hear the vast majority of cases in the state. This court deals with both civil and minor criminal cases. Consequently, these courts are operated by the local governing bodies of the locality in which they are placed. Alongside municipal courts are tax courts, which deal with cases involving issues of tax. The next type of court, which deals with family laws as well as more serious civil and criminal cases, is known as the superior court. It is also called the “trial court.” Above these are the two Appellate courts – the appellate division of the trial courts, and the Supreme Court of New Jersey (“New Jersey Courts”). These courts are set up to ensure that there is no possibility of a lapse in the judicial system. Their primary task is to review cases from lower courts that are brought to their attention by dissatisfied petitioners who wish the judgements of the lower courts to be revised.
Works Cited
Benitez, Alberto M. An Introduction to the United States Legal System: Cases and Comments. GW Law Scholarly Commons. 2006. Web. 06 Apr. 2016.
"Court Role and Structure." United States Courts. Web. 06 Apr. 2016. <http://www.uscourts.gov/about-federal-courts/court-role-and-structure>.
Hogan, Thomas F. The Federal Court System in the United States. Web. 6 Apr. 2016. <http://photos.state.gov/libraries/argentina/231771/IRC/Federal_Courts_System.pdf>.
“Judicial Selection in the States – Methods of Judicial Selection.” Judicial Selection in the States – Methods of Judicial Selection. Web. 09 Apr. 2016.
<http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state>
“New Jersey Courts.” Local Addresses. Web. 06 Apr. 2016
<http://www.judiciary.state.nj.us/trial>
“The Constitution of the United States: A Transcription.” National Archives and Records
Administration. Web. 06 Apr. 2016
<http://www.archives.gov/exhibits/charters/constitution_transcript.html>
