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Similarities between federal and state court
Role of judges
Comparison and contrast between Federal and State court systems
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In California, the courts are split up in two systems: federal and state. The federal court system, which coerce federal laws, rules and management, applies and interprets the Constitution of the U.S. The state court systems enforce laws, rules, and regulations of a given state, and applies and interprets the state’s own Constitution. California has two state courts, Trial and Appellate. In each county, there is one trial court. The judge, and occasionally the jury, “hears testimony and evidence and decides a case by applying the law to the facts of the case.” The court deals with all criminal and civil cases as well as appeals of small claims and misdemeanor cases. There are two types of Appellate courts: Courts of Appeal and California
In United States, there is a dual court system. The dual court system is divided into Federal Courts and State Courts. Each hears different type of cases; neither is completely different of the other. The Constitution of the United States gives powers to the federal courts and reserves the rest for the state.
...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.
California’s constitution delegates that its government divides its power into three separate branches: the legislative, the executive, and the judicial. The legislative branch consists of the Senate and the Assembly, both holding the power over California legislature. The constitution calls for 40 members in the Senate and 80 members in the Assembly. The legislative has the power to write laws, but they must propose the bill to the governor beforehand. “Perhaps the greatest change to the constitution was the insertion of direct democracy” (Fiber-Ostrow, 16). Although the legislative holds the power to make laws, citizens have the right to propose initiatives and amendments which created a direct democracy.
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Now, the district court system is the beginning step of the judicial system. A good amount of the case handled by the district court system is either criminal or civil trial cases. According to Roger Miller, “trial courts that have general jurisdiction as to the subject matter may be called county, district, superior, or circuit courts.” The majority of their cases are to be handled in-county first before proceeding further through the court system. Just as businesses and organizations have a chain-of-command or protocol system the government has the
“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.
California’s prison system has been a hot topic for the better part of the past two decades. In 2006 it was estimated that California’s prison system was at 200 percent of its capacity (“California”). This severe overcrowding not only affects those in the California Department of Corrections and Rehabilitation (CDCR), both inmates and staff, but it also affects society as a whole. Inmate’s rights are being violated due to the overcrowding and the taxpayers are being left to foot the bill for a system that is falling apart from within. Too many people think that the solution to this problem is to simply build more prisons. But that doesn’t seem to be a solution at this time and it doesn’t solve the problem of how many inmates we have in our prisons. With overcrowding being at an all time high prison officials are being forced to look at other options such as releasing prisoners early. This too causes a problem because most of these inmates are not properly rehabilitated and end up reoffending. So what is the solution? The entire judicial system as well as CDCR needs to be revamped. Sentencing laws need to be changed and CDCR needs to change their entire approach to rehabilitating inmates.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The Circuit Court is where most criminal and civil court cases take place. There are twenty Circuit Courts in the state of Florida. According to the Florida Courts website, “The Constitution provides that a circuit court shall be established to serve each judicial circuit established by the Legislature. Within each circuit, there may be any number of judges, depending upon the population and caseload of the particular area.” (FL Courts, n.d.) Lastly, the final court system, and the second of two Trial Courts in Florida, is the County Courts. There is a County Court in each of Florida’s sixty-seven counties. County Court judges serve a six-year term and may be assigned to help out in Circuit Court cases if needed. The number of judges in a County Court varies because the populations of each county are different, some being larger than others. Florida Courts website states, “The county courts are sometimes referred to as "the people's courts," probably because a large part of the courts' work involves voluminous citizen disputes, such as traffic offenses, less serious criminal matters (misdemeanors), and relatively small monetary disputes.” (FL Courts,
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
First, it may seem arbitrary, but there has not always been a juvenile justice system, or juvenile court system within the United States of America, or around the world for that matter. Rather, before a system that was dedicated to juveniles was created, youth were treated as adults and were in fact sentenced to lengthy prison sentences. Even worse, these juveniles were not kept separate in a youth facility, or even in separate cell blocks. The juveniles that were convicted of crimes served their sentenced right next to adult offenders that had been charged with minor crimes, ranging all the way to serious and heinous crimes. We can thank reformists in the late 1800’s to the early 1900’s for understanding that there was a duty to bring the
The first route is when a case is under the court’s “Original Jurisdiction”. This means the Supreme Court hears it directly. The most common way for a case to enter the Supreme Court is by receiving an appeal from a Circuit Court. The Circuit Court can file a petition to the Supreme Court for a writ of Certiorari to the party. The Court will only grant a writ of Certiorari to the party if 4 of 9 justices vote to do so. The Supreme Court chooses which cases will be heard and only a few cases who petition for Certiorari will receive it. If a case does not make it to the Supreme Court the decision of the lower court is final. The third way a case makes it to the Supreme Court is through an appeal from a state supreme court. The Supreme Court will never challenge a ruling from a state court on an issue of the state’s laws. The Supreme Court will grant Certiorari if the state court’s ruling is related to Constitutional