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Make a comparative analysis of the court system and the trial procedure in the USA and Ukraine.
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| The Court system of Ukraine The common courts of Ukraine try civil and criminal cases and cases about the administrative violations. There are three different procedures established separately for each type of the case: ----the Code of Civil Procedures of Ukraine, is used first of all to try disputes between natural persons and claims filed by natural persons against Ukrainian corporate entities arising mainly from civil and delictual relations. The civil procedure is also used to try disputes related to various family relations in Ukraine. ---the Code of Criminal Procedures of Ukraine deals with the most serious violations of law (violations, national security, etc.). ---the Code about Administrative Violations in Ukraine. For Ukraine an administrative violation means a minor offence, which is similar to a crime, but less serious. The common courts or " civil courts" because these courts used to try disputes between natural persons, i.e. the biggest number of disputes because the disputes are between Ukrainian citizens, which number reaches about 48'000'000 persons. The local common courts have territorial jurisdiction over the smallest administrative units. Common courts of appeal have territorial jurisdiction over a region of Ukraine (Kiev city and Sevastopol city- the large number of citizens). Decisions issued by the common courts of appeal can be appealed to the Supreme Court of Ukraine. |
The Court system of the USA
The Federal Court System Of the two systems, the federal is less complicated. The federal judiciary is divided into three main levels, like a pyramid. At the bottom of the pyramid are the district courts, where litigation begins and which have original jurisdiction in most cases. Made up of 92 districts, the federal district court system has at least one bench in each of the 50 states. There are from 1 to20 judges in each district and district court judges are appointed by the President and serve for life.
In the middle are the courts of appeals. This court system is composed of 11 judicial circuits throughout the 50 states plus one in the District of Columbia. There are from 6 to 27 judges in each circuit.
At the top is the US Supreme Court. To appeal means to take a case to a higher court. The court of appeal and the Supreme Court are appellate courts, with few exceptions; they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases. It is composed of one chief justice and eight associate justices. The Supreme Court sits in Washington. This court may review decisions made by the U.S. courts of appeals.