- 财产法(普通法案例教学系列英文教材)
- 郑小军
- 977字
- 2021-09-17 11:52:17
The Judicial System in the United States
The United States may be one of the youngest countries in the world,having a history of about 240 years,but its legal system may very well be one of the oldest,tracing its heritage to the beginning of the old Anglo-Saxon legal system.This is not difficult to understand:when the English pilgrims came to the New World,they were new beings; they brought with them their language,their culture,their religion,their customs,and their way of solving disputes among themselves–the English common law system.
The legal system of England began with the Norman Conquest in 1066,about 600 years old when it came to the New World,and about another 100 years during which it was used in the English colonies before the United States came into being.Most of the founding fathers,and the framers,of the new country and its Constitution,had been English lawyers under the British colonial governments.Their revolution was against Kind George,III,and his tyranny,not the English culture or its legal system.So,when the War of Independence was over,nothing was changed except that the King was replaced by a federal government founded on the basis of a Constitution.
Thus the United States is said to be a constitutional republic,having a federal government which derives its authority to rule from the consent of the people,and from the “several states” that had been independent,and remain very much so even today.For this reason,there are two parallel systems of government,and dual judicial systems in the United States.And for that reason,not surprisingly,every American lives under the dual systems,having dual citizenship–the citizen of the United States,and the citizen of the state wherein he resides.
The federal government is one with limited (enumerated) powers–whatever powers granted under the Constitution,and the state government is said to be a government of general powers–whatever powers that have not been granted to the federal government.
Management of land as private properties is such a power that has not been granted to the federal government.For this reason,you will never see or hear such thing as“the property law of the United States”,but only the “property law of New York”,or“property law of California”,although in most cases the difference is skin deep only.
Not much of a difference exists in the court structure either.Under both systems,the federal and state,there are trial courts where a legal dispute is filed,appellate courts where appeals are heard,and a supreme court in each state,and one for the United States,making a final decision on a particular case.There are of course other courts of special purposes,such as Court of Customs,and numerous administrative adjudicatory bodies that function in various administrative departments.But for our purposes here in the study of the property law,most of our course materials come from state courts,and sometimes from a federal court taking the position of a state court following state laws.
Take,for example,a typical land dispute.Abe purchases a piece of land (let’s called it “Blackacre”) from Bobby by paying him a sum of money on agreed terms.Abe goes to the county clerk’s office to have his newly purchased property recorded,and receives a Title Paper.Deal is over,right? Maybe,and maybe not.Xavia comes one day and tells Abe that his purchase is invalid because Bobby cannot sell his land.Why? Xavia shows Abe a document drafted by O’Neil,the original owner,which granted Blackacre to Bobby and his heirs,if he remains married to his wife Carrol.Bobby divorced Carrol before selling Blackacre.Xavia thus says to Abe,“Your title must fail,because Bobby was no longer entitled to the property which must revert back to O’Neil.And since I’m the only descendent of O’Neil,only I can take title to Blackacre.” Abe disputes that claim.
Where do they go to solve their legal dispute? They should go to the state trial court,the lowest court,to file a lawsuit.The names of the state trial courts vary greatly,from State District Court to Superior Court,to Supreme Court (e.g.,in New York City).Then if they want to seek appeal,they go to court of appeals.Again,the names vary.In New York City,the appeals court is called the Supreme Court,Appellate Division.The last stop of their legal journey would be the state highest court for a final appeal.In most states,it is called the “Supreme Court of [state name].” In New York State,guess what? It cannot use that name because it’s already taken by the lowest court.The highest court,the court of last resort,in New York State is called the “Court of Appeals.”
Suppose they still don’t agree with each other,can they go to the Supreme Court of the United States? No,if the effect of Xavia’s document (i.e.,validity of O’Neil’s original grant) is the only issue,the state supreme court decision is the last word on it.The U.S.federal Supreme Court does not have authority to review a state court decision over state law issues.