The U.S. and Military Legal System The United States have rights and freedom protected by the US Constitution known as the Bill of Rights. The legal system is established by federal law and endorsed by the state and local legislatures. All citizens of the United States have the rights and privileges. The 50 states and the District of Columbia can have their own laws and legal system which includes courts, prisons, and law enforcement officers. The United States also has the Civil Court, Criminal Courts, US Court of Appeals, US District Courts, and Supreme Court which is the highest court in the land. The President of the United States appoints nine Supreme Court judges who hold their office for life. A person who has committed a crime, are arrested, read their Miranda rights, jailed, post bail, obtain or be appointed a lawyer and return for sentencing by a judge. Our military service members should be held to a higher standard of conduct as they our enlisted to serve and protect our country. Just like the civilian sector, military service members sometimes commit crimes, unethical behavior or disobey orders and have to suffer the consequences. Our military service members are held to a different legal system while serving our country. According to Freeman, “The Uniform Code of Military Justice (UCMJ) is a set of codes that exist to address the behaviors of service members who demonstrate an inability to control behaviors that may discredit the uniform of the
The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind
There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
The conditions in which the Supreme Court hears a case is on an appeal basis. What is the structure of a typical state court system?
The Supreme Court is a federal court, the highest body in the judicial branch of the United States government. The Supreme Court contains a chief justice and eight associate justices. All of these are appointed by the president and confirmed by the senate. The Supreme Court contains the plaintiff, defendant, chief lawyer for plaintiffs, chief defense lawyer, justices of the court, and the justices dissenting. The plaintiff is a person who brings a case against another in a court of law.
The Constitution states in Article III, Section 1 that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish (uscourts.gov). " Lawsuits among two or more states and cases relating to ambassadors and diplomats are examples of cases where the Supreme Court has original jurisdiction. The Court also has appellate jurisdiction on virtually any other case that involves violations of constitutional or federal law. Finally, the Supreme Court has the final interpretation of law on all matters concerning the U.S. Constitution, federal laws, and treaties. Consequently, all decisions from Supreme Court have a profound impact on society; even
The Supreme Court will rule whether something is constitution or unconstitutional. There are nine judges, eight associate justices and one chief justice. The judges are nominated by the President and then approved by the Senate. The Supreme Court is the highest court in the national court system. Once a decisions is made it is final, and no other court can overrule those decisions.
Military judges are more qualified and maintain rights more so than the civilian criminal justice system. There are a few things that can be compared between judges of the civilian criminal justice system and the military criminal justice system. In both the civilian criminal justice system and military criminal justice system judges can be compared and contrasted on how they are appointed, their qualifications, and their functions/control. There are quite a few reasons to why the military criminal justice system and the civilian criminal justice system are distinctive, some of these being jurisdiction and the rights that are upheld within each frame
Texas has two high-courts, the Supreme Court and the Court of Criminal Appeals, each have 9 justices. Below the two high-courts is the Court of Appeals with 14 courts, 80 justices, followed by district Courts, which have 456 courts with 456 judges, and the County-Level Courts having 505 Courts and 505 judges. Below these are the municipal courts in 920 cities, 6 towns with 1559 judges and justice of the peace courts having 819 courts with 819 judges. Overlapping of jurisdictions causes great confusion add to the confusion is that “some courts have specialized jurisdiction, whereas others have broad authority to handle a variety of cases” (277) creating a “hodgepodge of courts” (277). Reforms within the Texas court system is clearly needed and many reforms have been recommended from merging the Texas Supreme Court with the Texas Court of Criminal Appeals, reducing the number of judges and justices, revamping jurisdictions for all courts and having no overlapping jurisdictions.
The Judicial Branch incorporates the Supreme Court, the most noteworthy court in the United States, as well as other government courts. The judges of the Supreme Court are selected by the president and must be endorsed by Senate. Federal cases, such as Marbury vs. Madison, made the Supreme Court "a separate branch of government on par with Congress and the" executive branch (McBride, 2007, P.1). The motivation behind this case was to affirm the power of the Supreme Court to survey law, to figure out if or not that law is sacred, and to set up the check and offsets. We see these techniques existing today in our nation, in light of the fact that every branch can check the other to keep one branch from turning out to be too intense from the others, as legal over official can pronounce official activities illegal, official over legal can select Supreme Court judges, Legislative over Judicial can change the size of government court framework and the quantity of Supreme Court judges, and so on.
The federal court system of the United States has three main levels. First are the district courts, the circuit courts which are the first level of appeal, and then the Supreme Court of the United States. The Supreme Court was created by Article III in the U.S. Constitution, which called “for the creation of “one supreme Court” and establishes the Court’s jurisdiction, or its authority to hear cases and make decisions about them, and the types of cases the Court may hear” (Krutz and Waskiewicz). Although the Supreme Court has been around for a while, it still plays an important role in the United States today.
Going up from there are the circuit courts, the district courts of appeal, and the supreme court. There are 67 county courts, one in each county. These courts are of limited jurisdiction and deal with only minor offenses. The circuit courts are the states courts of original jurisdiction and are courts of record. They also hear appeals from the county courts.
The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states. Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side; a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact. State National Guards (air and army), can convene summary and special courts martial for state-level, peacetime military offenses committed by non-federalized Guard Airmen and Soldiers, in the same manner as federal courts martial proceed. The authority for States to convene courts
Legal system and its effect on International business. The judiciary of this nation is a subdivision of Peruvian government applies and interprets the laws, to safeguard equal justice under law, and provides a mechanism for dispute resolution. With the Supreme Court of Peru at the top, it is a tiered system of courts. The next and second level is composed of 28 superior courts, each of which has jurisdiction over a judicial district, which are synonymous to the 25 regions of Peru.
But, on the other hand, when you're in the army and you get an order, you just do it. You just go ahead.” Immediately after it was done, the constitution was validated by
Based on my prior knowledge in term of background information to the said "martial law" it is a proposal or propaganda that gives the higher class (police & military personel) have the right to give orders to civilians either they can do anything without any warrants on their sleeves. Talking bout the disadvantages of this act, peoples' perception in this propaganda is it gives them the expression of being terrified of having the thought of the military might use their power to take some advatange of our fellow civilians. Leading to this is, civilians may conclude horrible statements or a bad image to this propaganda. While advantages still leaks to various citizens, a good meaning to this act to be exact.