Wednesday, January 12, 2011


    In the United States, the judicial system is the branch of government responsible for
    interpretation n application of the law.Its primary purpose is to serve the people by 
    ensuring equal justice under the law.The judicial system can also be called judiciary or a judicature.

    Justice

  1. The judicial system has an obligation to interpret the law fairly and with equal regard for all persons to whom the law applies. It serves the people by communicating the law through judgment and sentencing, and by upholding the principles of justice and the Constitution.
  2. Function

  3. As a branch of government, the judicial system acts as an intermediary between the legislature, which writes statutory law, and the executive, which is responsible for enforcing the law. The judicial system is responsible for interpreting the meaning of law, deciding its scope and declaring who has broken it. While the legislature writes laws on the basis of what ought to belegal and illegal, the judicial system is responsible for deciding what actually is and is not legal under those laws, and is therefore an extremely important entity in any legal system concerned with the fair treatment of those under its influence.
  4. Courts

  5. The judicial system interprets and applies the law through a hierarchical system of courts, each with a specific position and function. "Trial" and "appellate," two different categories of court, have different jurisdictions and powers of interpretation of the law. The purpose of a trial court is to find fact and pass initial judgment on a case. An appellate court does not try cases, and is instead responsible for reviewing the decisions of trial courts and lower appellate courts if they are challenged through the process of appeals. Appellate courts have broad powers in overturning the decisions of lower judiciary bodies. In the United States, the highest appellate court is the Supreme Court, which has near-absolute jurisdiction over the Constitution.
  6. Jurists

  7. Courts are made up of jurists such as judges and magistrates, who preside over cases either on their own, or as a group known as a "bench." Jurists (not to be confused with "jurors") are publicly recognized legal experts who play an important role in the judicial system. It is their job to interpret the laws of a case before them, and are either personally or collectively responsible for making the decisions handed down by their court. Jurists are required to be fair and impartial and have a duty to interpret the law with a stoic disregard for their personal opinions.
  8. Case Law

  9. Though the judicial system does not create new laws, the interpretations and decisions of the courts can have a lasting legal impact. In the interests of fairness, the same law may not be interpreted differently in two separate cases. As such, when a court interprets a piece of legislature relevant to a case in front of it, its decision must influence the adjudication of other cases involving that law until it is overturned. This is called "precedence" or "case law," and is an important part of the fulfillment of the judicial system's purpose.


Read more: The Purpose of the Judicial System | eHow.com http://www.ehow.com/about_6687636_purpose-judicial-system.html#ixzz1AqqZzgHT

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