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Similarities between federal and state courts
Comparison and contrast between Federal and State court systems
Compare and contrast state and federal court
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How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it …show more content…
will hear while State courts hear the majority of the cases, as many of them are lower offenses. Both courts have prosecutors (called different depending on the type of court), defense attorneys, and judges. However federal judges are appointed by the President of the United States, while state judges are either appointed or elected. 2 The "due process" model and the "crime control" model represent two different schools of thought about how the criminal justice system should work. Which model seems more in-line with your own attitudes about the Criminal Justice system? Explain why. While the crime control is a great way to set up the system, the justice system itself has been corrupted due to this time of mind set. Absolute power corrupts absolute people. It seems the judicial system has one goal in mind; to clear the workload. When a prosecutor has the “authority” or discretion to control the liberty of an individual, is basically giving that person almost absolute power over the life of another person. Not only can the prosecutor be corrupted, but the justice process itself. Due to “budgeting” and “efficiency” many of the rights can be overlooked. Court employees can become institutionalized and look at the people being arrested as a number instead of a person. Therefore the dual process approach must be followed. It is easy to arrest a person, but what if the person arrested is not guilty of the charge? When a prosecutor is trying to get an indictment through a grand or petit jury, it is his/her version of events the only ones the jury is listening to. The “other side of the story” is omitted and the jury can be easily persuaded to allow for the indictment to proceed. Who can verify the justice system is just? 3 The Bill of Rights and the other amendments were added to the Constitution to protect us all from the state's (the government's) potential abuse of its enormous power.
If you have done nothing wrong and have nothing to hide, do you think the police should be allowed to search your home or your car, listen to your phone calls, read through your email, stop you on the street and question you? Why or why not? No- people get their personal emails, property such as car, houses, cellphone, etc. because we value our privacy. Our actions or possessions may be misinterpreted and could get us in trouble with the law. For example: we can be upset with someone and can say something offensive or aggressive due to the anger at the time, but are we willing to act on it? If the police hear me, could I be charged with slander? How would I be able to prove my anger took control over my thoughts and made me say things that might not be true (mens rea). How can I prove I did not really meant harm, but was acting by impulse due to the anger? The burden to prove all that is on me, not the state. The government can use its power to make me uncomfortable; therefore taking my liberty away. It will fail its purpose to make their citizens free; instead will be threatened by simply speaking. The constitution is based on liberty and the pursuit of happiness. How can you be free and happy if you are watch on every step you
take?
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
Since the Bill of Rights was ratified, there has been constant change in the world and therefore all the amendments have been tested and questioned. Many people in the past and in modern day, say that “a man 's house is his castle” and therefore that man has the right to protect his house and effects. That protection goes for anyone that wants to inflict harm in the person or property. It also extends to law enforcement and the government, not allowing them to conduct unreasonable searches and seizures.
There are some similarities between the Federal Court and the Florida Court. One similarity is that they are both broken down into different categories, each dealing with a different problem. Another similarity is that both the Federal level and the State level each have a Supreme Court. The difference between Federal Court and the Florida Court is that in the Court of Appeals, the Federal judicial district is broken down into twelve circuits, whereas in Florida, it in broken down into five. The task of the Court of Appeals on the Federal level is to make sure that laws are applied appropriately in the trial court. Another difference between the Federal Court and Florida’s Court is that the Federal Courts have a bankruptcy court system, whereas the Florida Court does not. According to the United States Courts website, “Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court.” (Court Role & Structure, n.d.) Lastly, another difference between the Federal Court and the Florida Court is that the Federal Court has an Article I court, where Florida does not. The Article I Court is one that reviews agency’s decisions before they are finalized. Article I Courts are broken down into the U.S. Court of Appeals
...are generally at a county level, which are decided by judges who base their decisions on information presented in court. At the state level, there are state appellate courts. This type of court takes place when a defendant loses a trial and questions concerning the law arise. A smell number of cases go to the appellate court. The federal court consists of the Supreme Court and District courts. Each District court is placed due to a specific geographical area. These courts rule on federal cases such as fraud or bank robberies. All federal cases are heard in front of a jury.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
Theoretically, in a Federal system the sovereignty is shared between the national government and the local government but the ultimate sovereignty lies on the people. The federal government does not have the power to be involved in the states laws as they are only able to deal with national security, taxation and foreign affairs. The States however, deal with public welfare, education and justice. For instance, in different States there are different laws in executing criminals implemented as such in California death sentence is applied. However, it differs in practice whereby in the recent events the federal government is heavily involved in the public welfare especially when it dealt with major crises.
Although federal law is effective throughout the United States, different states have different state laws. In this essay, I will discuss the differences and similarities between the federal and California judicial system. Under the U.S. Constitution, there are three levels that provide court cases that can be heard in the federal and state governments. Whenever a law case is issued, Trial Courts are always the first court people would have to go through.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
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...
... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law.
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
Congress does not have our best interest in mind. Although Congress is supposed to represent the entire nation, it has been overrun by Northern interest. It should be the States, not the federal government who enacts laws that affect the well-being of an entire state. Congress has no right to ignore the pleas of half of the country and to forfeit law-abiding citizen’s property. The men who founded this great nation were trying to escape a tyrannical and oppressive regime; however, I believe that a similar repressive regime has taken root in the United States. This time it is not in the form of a king; this new regime is Congress.
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.
Then there is the state government which are responsible for governing affairs within their borders, and carrying out federal laws and programs at the state level. They are governed by their own constitutions and retain any rights that the U.S. Constitution does not exclusively grant to the federal government. The state government is limited as they cannot form alliances with other states and must honor and respect the laws and institutions of the other states. And finally there is the federal government which is the central and highest level of government in the U.S. It is divided into three branches and each branch has its own rights and power to check and balance the powers of each branch. The federal government has the power to regulate taxes, establish federal welfare programs and make laws in the interest of the nation as a whole. There are also limitations set to the federal government’s authority, as they cannot ask local law enforcements agencies to do minor administrative jobs. Although all levels of government have their own responsibilities there are limits to interfering with other governments
How well has federalism worked in the United States? This is all a matter of opinion. Federalism has indeed been an active structure for government that fits in quite well with the changing American society. This particular system of government has been around for over two hundred years, and under all those years the separation of power under American federalism has changed numerous amounts of times in both law and practice. The United States Constitution does allow changes and amendments in the Constitution have assigned miscellaneous roles to the central and state governments than what originally intended. The suitable equilibrium between national and state powers is repeatedly an issue in American Politics.