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Journal - the structure of the federal court system
Justice system in america
Supreme court and its role robert dahl
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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. The hierarchal structure of the federal court system consists of the Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts (Hogan, 2010). The Supreme Court is the highest court in the nation. Its primary role is to review decisions made by lower courts of appeals, where the case involves the federal law or Constitutional law. The Court of Appeals primary role is to hear cases involving challenges to the judgment made in District Courts, as well as appeals from federal administrative agencies decisions. Bankruptcy Appellate Panels primary role is to hear decisions made in bankruptcy court and determine if they follow the law. District Courts primary role is to determine all facts and evidence in a case while applying the law to decide who is right. Bankruptcy …show more content…
It is also determined by the convenience for the litigation by the judicial district, not by the state. The implications of venue can either help or hurt the outcome of a case. For example, in a small town, most residents knows each other including those involved in the case where a jury is needed. It would be hard to pick jury members who had not already made their decision about the parties involved. In cases such as that, the defendant(s) may not get a fair trial, but if the venue is moved to a different area, the outcome might be different. The venue for the given scenario would be in Washington, D.C., where the crime occurred. The reason this venue is the most important is because most venues in federal cases, it is determined by the
The Federal Courts system handles legal issues expressly. Federal Courts make decisions which involve the issues of U.S Constitution, treaties, federal statutes and federal commerce. The federal judicial system originates from the U.S Constitution.
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 United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively, the Supreme Court, the President, and Congress attempt to work in accord to run the three-pronged government of the United States.
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not allowed to appeal a not guilty verdict. The sentencing in criminal cases with a guilty verdict, however, may be appealed by either the defendant or by the prosecution (uscourts.gov, 23).
The diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. State can only bring criminal prosecutions in state courts, and federal government may only bring criminal prosecutions in federal court. Bringing a state law claim in federal court, all the plaintiff must be located in different state than all defendant. The principle of double jeopardy does not allow a defendant to tried twice for the same charge and does not get conviction is possible for the federal government in some cases to file charges against the defendant if the act is also illegal. The highest court in American judicial system is the supreme court. The supreme court is usually not required
According to Bohm and Haley (2011), the criminal justice system is made up of 50,000 federal, state, and local agencies. The criminal justice system starts with police contact with suspect, and probable cause being established. The suspect is arrested and booked into a local jail and criminal process is initiated with a complaint or warrant. The suspect then appears before the local judge, usually in Tennessee it is a General Sessions Judge, for an initial appearance. The suspect will usually enter a not guilty plea and possibly enter a guilty plea if the criminal offense is a misdemeanor. The suspect will then get an appearance date and will return with an attorney if they can afford one. If not, the judge will determine if they qualify
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.
There are many similarities and differences between the Federal and State Court Systems. This paper will discuss all components of the American Court System and Substantive Law, and the research presented to show both the State and Federal Court system levels in comparison and contrast.
The topic that has interested me so far is of “Federal courts” so far from what I read, the federal court system contains only three main levels, the first one being district courts, the second is courts of appeal, and last the Supreme Court of the United States, this is the final level of appeal in the federal system. There are 13 circuit courts, 94 district courts, and only one Supreme Court throughout the country.
According to numerous unique cases my opinion extends both ways; in support of some situations I do not agree forcing anyone to a blood test. On the other hand, I do agree for the reason countless individuals that drink and drive, knowing they are impaired to furthermore cause accidents to initiate a death. I do agree with the Supreme Court disclosing the expression of the individuals’ constitutional rights; however losing some privileges regardless should be in play. Researching other cases, I came upon in Washington Tyler G. McNeely was pulled over due to speeding the officer clearly realized the indications with the motions he made was completely ways of knowing he was intoxicated. Mr. McNeely had taken a sobriety field test which he executed inadequately and was placed under arrest. (LIPTAKAPRIL, 2013)
When it comes to mental illness and how individuals who are involved with the criminal
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.
The Supreme Court of the United States is the highest federal court of the United States. Established pursuant to Article III of the United States Constitution in 1789, it has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of the United States, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has
The Supreme Court sits at the top of the federal court system. The Supreme Court is the “court of last resort” for cases coming from both the state and the federal courts. American government has very well organized the policies of supreme courts. The rules and regulations that govern Supreme Court are different and get influenced by various factors.
The judicial system includes the state and federal courts. Federal courts usually deal with constitutional issues and the state courts deal with issues related to state constitutional law. Cases taken to the federal court will include any other case involving a law that the U.S. Congress has passed. In the instance of Brown vs. Board of Education, the case was taken to federal court because the case involved a misinterpretation of the 14th amendment. The majority of education related cases are heard in the state court, because they do not involve a federal