Supreme Court of the Federated States of Micronesia

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The Supreme Court of the Federated States of Micronesia is the highest court in the Federated States of Micronesia. It was established by Article XI of the Constitution of the Federated States of Micronesia. [1] It has both a trial division and an appellate division. The appellate division can hear both appeals from state courts and from the trial division: justices serve in both the trial division and the appellate division of the court, but cannot sit on an appeal of their own decision. [2]

Federated States of Micronesia Island republic in Oceania

The Federated States of Micronesia is an independent republic associated to the United States. It consists of four states – from west to east, Yap, Chuuk, Pohnpei and Kosrae – that are spread across the Western Pacific Ocean. Together, the states comprise around 607 islands that cover a longitudinal distance of almost 2,700 km (1,678 mi) just north of the equator. They lie northeast of New Guinea, south of Guam and the Marianas, west of Nauru and the Marshall Islands, east of Palau and the Philippines, about 2,900 km (1,802 mi) north of eastern Australia and some 4,000 km (2,485 mi) southwest of the main islands of Hawaii.

Constitution of the Federated States of Micronesia

The Constitution of the Federated States of Micronesia is the supreme law of the Federated States of Micronesia. It was adopted in 1979.

Contents

The court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between states, admiralty or maritime cases, and in cases in which the national government is a party except where an interest in land is at issue. It has a concurrent jurisdiction with the state courts in relation to cases arising under the Constitution; national law or treaties; and in disputes between a state and a citizen of another state, between citizens of different states, and between a state or a citizen thereof, and a foreign state, citizen, or subject. It has exclusive jurisdiction over allegations of violations of the National Criminal Code. [2]

Judges

The court consists of the Chief Justice of the Federated States of Micronesia and not more than five associate justices. [2]

Chief Justice of the Federated States of Micronesia

The Chief Justice of the Federated States of Micronesia is the seniormost judge of the Supreme Court of the Federated States of Micronesia. The position is established in art.XI, section 2 of the federal Constitution.

The court currently has three justices: [3]

Beauleen Carl-Worswick is a Micronesian judge. She has been an Associate Justice of the Supreme Court of the Federated States of Micronesia since September 2010. She is the first woman judge of the Supreme Court.

Judges are appointed by the President of the Federated States of Micronesia with the approval of two thirds of the Congress of the Federated States of Micronesia. [2]

President of the Federated States of Micronesia Wikimedia list article

The President of the Federated States of Micronesia is the head of government and head of state of the Federated States of Micronesia. The president is elected by the Congress (Legislature) from among its members. Presidents pick cabinet members from the Congress.

Congress of the Federated States of Micronesia

The Congress of the Federated States of Micronesia has 14 non-partisan members: 10 members elected for a two-year term in 10 single-seat constituencies and 4 members elected for a four-year term, one from every state 'at large'.

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Politics of the Federated States of Micronesia

The politics of the Federated States of Micronesia (FSM) takes place in a framework of a federal representative democratic republic. The President of the Federated States of Micronesia is both head of state and head of government. Executive power is exercised by the president and his cabinet, while legislative power is vested in both the president and the Congress. The judiciary is independent of the executive and the legislature.

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The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time. It has the exclusive right to hear all cases that deal with disputes between states, or between states and the union government. It also has original jurisdiction over cases brought to the court by ordinary people regarding issues to the importance of society at large.

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References

  1. "Federated States of Micronesia". PacLII. Retrieved 17 December 2017.
  2. 1 2 3 4 "Article 11 of the Constitution of the Federated States of Micronesia". Supreme Court of the Federated States of Micronesia. Retrieved 17 December 2017.
  3. "Justices". Supreme Court of the Federated States of Micronesia. Retrieved 17 December 2017.