Courts
The courts enforce statutes and interpret them. They also invalidate unconstitutional statutes, and make law in areas not covered by statutes. Here are some examples of the four main roles played by our courts:
- Enforcement The Copyright Act gives a copyright owner the exclusive right to reproduce the owner's work. A copyright infringement suit is an example of court enforcement of a statute.
- Interpretation .According to the Copyright Act, the copyright in a work created by an employee within the scope of his or her employment is owned by the employer. The Copyright Act does not define the term "employee." The Supreme Court case that defines the term is an example of court interpretation of a statute.
- Invalidation . The courts invalidate unconstitutional laws. Unconstitutional laws are laws that conflict with provisions of the Constitution. The Constitution is the supreme law of the United States. Many "constitutionality" cases involve claims that a law violates the Constitution's Bill of Rights (the first ten amendments). In Roe v. Wade , the Supreme Court invalidated a state statute restricting women's access to abortion. According to the Court, the statute violated a pregnant woman's constitutional right of privacy.
- Making Law . The courts create the law for "common law" subject areas. Common law covers areas not covered by statutes. In many states, for example, individuals' rights of privacy and publicity are protected under common law rather than under statutory laws.
The types of Courts
Municipal Courts
Municipal (city) courts deal with alleged violations of city ordinances committed within the city limits. The cases usually involve traffic and other minor offenses. A person charged with an offense in municipal court may be represented by a lawyer. The judge hears the cases without a jury. Anyone convicted in municipal court may appeal to the district court of the county in which the municipal court is situated.
District Courts
District courts are created by the Constitution. They are the trial courts of any state of the US, with general original jurisdiction over all civil and criminal cases, including divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters, and small claims. It is here that the criminal and civil jury trials are held. Every US State is divided into judicial districts, with varying numbers of judges in each district. There is a district court in each county, and an office of the clerk of the court where cases may be filed.
Court of Appeals (Supreme Court)
The Court of Appeals is the highest court in the State (commonly called the Supreme Court in other states and at the federal level). It hears cases almost exclusively by way of certiorari, a process which gives the court discretion to decide which cases to hear. However, the Court of Appeals is mandated by law to hear cases involving the death penalty, legislative redistricting, removal of certain officers, and certifications of questions of law.