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Justice in modern society
State and federal court systems consist of
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The United States has a dual court system. We have a separate judicial system for each of the states and a separate federal system. The federal system is made up of districts courts, circuit courts of appeal, the Supreme Court of the United States. The state system is made up of the trial courts of limited jurisdiction, trial courts of general jurisdiction, intermediate courts of appeal, and appellate courts of last resort or State Supreme Court (Bohm & Haley, 2012). The lowest court in the federal system is the District Court. These are courts of original jurisdiction. Most federal criminal and civil violations are heard in District Court. The next level in the federal court system is the Circuit Courts of Appeals. A person or group that loses a case in federal district court can appeal to the Circuit Court of Appeal. The decision in the Circuit Court of Appeals is binding unless appealed to the U.S. Supreme Court. The highest court in the land is the U.S. Supreme Court. The Supreme Court has jurisdiction over cases involving the Constitution, acts of Congress, and treaties with other nations. The Supreme Court is made up of a Chief Justice and eight associate justices. The decisions …show more content…
made by the Supreme Court are binding (Bohm & Haley, 2012). The lowest court in the state system is the Trial Courts of Limited Jurisdiction. Trial Courts of Limited Jurisdiction generally deal with minor cases, such as traffic violation, some misdemeanors, and civil cases involving less than one thousand dollars. The next level in the state system would be Trial Courts of General Jurisdiction. These courts have the authority to try all civil and criminal cases and hear appeals from lower courts. The next level of the state system is the Intermediate Appellate Courts. These courts only hear criminal and civil appeals cases from trial courts of general jurisdiction. The highest court in the state system is the States Court of Last Resort or the State Supreme Court. The State Supreme Court will hear appeals from either trial courts of general jurisdiction or intermediate appellate courts (Bohm & Haley, 2012). Courts in the United States have ten purposes.
The ten purposes are to do justice, to appear to do justice, to provide a forum where disputes can be resolved justly and peacefully, to censure wrong doing, to remove or restrict the freedom of those who have committed crime, to punish, to rehabilitate, to prevent or deter crime, and to protect citizens against arbitrary government actions (Bohn & Haley, 2012). An article in the Review of General Semantics state that society holds our court system to a higher standard of fairness and decency. The article goes on to state that our court system is similar to an umpire in baseball. The umpire has the burden to apply the rules fairly and make decision without being influenced (Scardilli,
2013). Bohm, R. M., & Haley, K. N. (2012). Introduction to criminal justice (7th ed.). New York: McGraw-Hill. SCARDILLI, F. J. (2013). HOW JUST IS OUR JUSTICE SYSTEM?. ETC: A Review Of General Semantics, 70(2), 130-134.
among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in deciding issues of state law unless there is a conflict between local or state statues and federal constitutional guarantees. When that happens, claimed violations of federal due process guarantees especially those found in the Bill of Rights.
In America we have common law just like Canada. Article III of the constitution is what established the judicial system. The bottom is just the local courts and then state courts. There is also the federal court system where judges are nominated by the president then confirmed by the Senate. These courts include: the 94 district courts, Tax court, Court of Appeals, the Court of Appeals for the Federal Circuit, Court of Claims, and Court of Military Appeals. With most courts of the United States, juries are the ones who decide whether one is guilty or not. The constitution calls for the creation of the Supreme Court and leaves the responsibility of creating the inferior courts to Congress.
The Role of Courts in American Politics The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, "The judicial power of the United Statesshall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court was initially set up as a part of the separation of powers in the American political system.
Whenever a law case is issued, Trial Courts are always the first court people would have to go through. The U.S. District Courts are the Federal Trial Courts. As the lowest level of the Federal Court System, The U.S. District Courts take care of most of the Federal cases. The State of California courts is called the Superior Courts. Similar to the U.S. District Courts, Superior Courts heard most of the State cases (Superior Court of California).
The Supreme Court and Federal court have the same authority as in the Constitution. This system is called checks and balances which prevents the sole power of any one of the three branches. In addition, this power can be divided between the states and Federal government. The Federal government’s role in “domestic and foreign affairs and how they have grown” (Fe...
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
“Due to federalism, both the federal government and each of the state governments have their own court systems ("Comparing Federal & State Courts").” “State court systems vary from state to state, and each is a little different ("State Courts vs. Federal Courts", 2015). The American Court System consists of state courts and federal courts; they are two types of courts we have in our country. Although both courts have similar aspects, there is also many differences between the two courts.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Courts of General Jurisdiction: Definition & Lesson Courts of general jurisdiction are the entry point for many cases in the American legal system. In this lesson, we will learn about the structure and function of these courts as well as review how a case moves through criminal and civil court. Courts of General Jurisdiction The United States allow each state to establish its own court system to hear cases related to state law. They follow a hierarchy from courts of limited jurisdiction, to courts of general jurisdiction, intermediate courts of appeals, and finally courts of last resort (which have the highest authority at the state level). State courts make decisions on criminal and civil matters of state law.
Our government court system has many different components in which make it whole. The American federal court system is designed to handle cases that would not be heard at a state or county level. These cases can range from bankruptcy to naturalization ceremonies. This federal court system we know about is broken down into three tiers for more accomplishment. Each tier has a set of guidelines they need to follow to maintain accuracy and creditability.
The function of the courts play many different roles throughout. American courts play a great role in taking societies rules and properly enforcing them. It is important to add that American courts handle more than just criminal justice matters as well. They also handle dispute processing for our society, as well as policy making. When looking at the structure of the courts there are two systems; the Federal court system, and the State court system. Both serving a vital role within the court systems. Depending on which law has been broken will determine what court system that individual will go through. The Federal court systems contains the District Court, the Circuit court of appeals, and the Supreme Court of the United States. While the State court system contains the Trail courts of limited jurisdiction, the Trail courts of general jurisdiction, and intermediate courts of appeal, and the Appellate court of last resort. Looking at both Federal and State they serve a vital role in enforcing societies rules.
The lower courts within their particular state or circuit are bound by, the higher courts. But there is the exception which are the U.S. Supreme Court, courts of appeals and state courts. On all lower federal courts, a federal Supreme Court decision is mandatory in both the courts of appeals and district courts. However, only a state supreme court decision is mandatory on all appeals courts and trial courts in that particular state.
First off let me start by saying that there’s is a huge difference between what an arrangement is portrayed on television, and how it really is in the real world. Based on what I have seen on television I can picture an arrangement occurs in a good size room where it’s a big room where half the room is where the public can sit, and the other half consist of the judge, the prosecutors next to the defendant leaving a gap between them, and on the side is where the jury sits.Yet today when I when to go see one in person what I saw was not what I expected.
The United States of America was founded on the Constitution. In the United States Constitution it states all men are created equal. Here in the United States, our legal system is based on everyone being innocent until proven guilty. If courts did not exist, then there would be no true justice in our society. Courts are required to keep things equal. But are courts keeping things equal in our nation? My Bond court experience gave my insight into what really occurs inside our criminal justice system.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.