Judicial Systems
A. Hierarchical Structure The Federal Court System The Federal Court system in the United States consists of The Supreme Court, The Circuit Courts of Appeals, and The District Courts. Article III, Section I of The United States Constitution created The Supreme Court and granted congress the authority to create the lower federal courts. The Supreme Court is the highest court in The United States and is often referred to as the “court of last resort”, because no court can overrule their decisions. They have the power to decide appeals on all brought forth in federal court or those brought forth in a state court that deal with federal law (Hogan, 2010). The primary role of The Supreme Court is to maintain judicial consistency
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Another difference between the two are their jurisdictions, or their extent of power to make legal decisions or judgements. For example, there are certain types of disputes between states, legal issues that span multiple states like large class action lawsuits, or Interstate crimes like kidnapping or sex trafficking, that would not be amenable to the state courts and must be handled in the federal courts. The caseloads between to two are also different, federal courts have fewer cases, when compared to the much heavier case load found in the state courts. The penalties that are imposed between the two also differ in that, at the federal level they impose much stiffer penalties, than the penalties found at the state level. Having all these differences is ok and is important because it allows for checks and balances to occur, in which in many cases provides for judicial consistency and fairness. It also benefits both systems because it helps them be more efficient in deciding law. The lower courts can focus on the heavier caseloads, and the cases that give them the ability to shape laws, decisions, and resources that can impact their local communities. The higher courts can focus on the more complex issues and cases, such as those that deal with …show more content…
The circuit courts are the trial courts and have general jurisdiction, and handle major criminal cases like rape, murder, and other serious crimes, but also hear cases that tend to be family matters like divorce, and child custody disputes. The district courts are the appellate courts and have appellate jurisdiction, to affirm, modify, reverse or send back a ruling for retrial. The state supreme court is the state’s highest court and has appellate jurisdiction in matter concerning capital cases, discretionary review on district court decisions, determines validity of statues, reviews bond validations, and reviews public utility cases regrading rates. They also have original jurisdiction for state constitutional questions, advisory opinions to the governor, setting rules regarding practice of law, and regulating the admission and discipline of lawyers. The impact subject matter jurisdiction has on the efficiency of the court systems is that it allows the legal process to flow smoothly. In either level federal or state, it allows for the lower courts to handle the “in/out” cases, so that the higher courts can focus on the more important decisions in the bigger cases regarding constitutional or State
At times, those five sections of the Texas court structure overlap because they all proceed to a higher level if needed. Those levels are local trial courts, county trial courts, state trial courts, state intermediate appellate courts and the state 's highest appellate courts. The Judicial Branch also
Since the establishment of the United States Supreme Court in 1789 the role and function of the court has varied depending on the need of the country. There are several different schools of thought when it comes to the purpose and the function that the Supreme Court should take, ranging from strictly ruling on constitutional matters up to weighing in on national policy cases. To evaluate what role the court actually takes, one must examine both the institutional function as well as the political function. Alexander Hamilton’s Federalist No. 78 has been considered one of the most influential pieces of work in the field, as it lays the ground work of what he believed was the role of the court.
I agree with the Supreme Court on placing emphasizes on keeping the presidential power in check but respecting the doctrine of separation of powers. The Court has the power to hear cases that involve federal questions because the
The importance of the Supreme Court increases as the Constitution considers proposing
The judicial branch is the branch of government that interprets and applies laws to the states and includes the Supreme Court. The Supreme Court, Adams Judicial Appointments, and the Marbury v. Madison final decision all supported
The only administrative function the Supreme Court has relates to the judicial system. For example, the Supreme Court makes the rules for civil cases, and the laws of practice for trials of the entire Texas Judicial system. They set the rules for “the state Office of Court Administration, the Commission on Judicial Conduct, the State Bar of Texas, and other state agencies in the judicial branch of government” (The Justice
Fourth, the differences and similarities of the state and federal judicial branch will be stated and explained. The first similarity is how, “All power shall be vested in the Supreme Court (Federal)...the state judicial power is vested in the Supreme Court, (Illinois),” (pg. 36-62). It is important for both constitution to have one main court where all of the judicial power is vested in, so that not everything is split up between many other courts. The next similarity is how, “The main purpose of the judicial branch is to interpret the laws and administer justice (Federal)...the judicial branch in Illinois administers justice and interprets the laws (Illinois),” (pg.
The 2nd level is the County Level Courts. County Courts have jurisdiction over juvenile matters, misdemeanors with fines greater than 500$ or jail sentence, and probate matters. District Courts are the 3rd level. They have jurisdiction over felonious matters, divorce cases, land titles, and contested elections. The 4th level is the Courts of Appeals, which is the final step before the
Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
COURTS The court system is made up of many operational parts that all work together to achieve an overall goal. For my courtroom observation I have chosen the State of Florida v Casey Marie Anthony trial. This trail took place on the 23rd floor of the Orange county courtroom in Florida which seats about 50 people. Casey Marie Anthony (the defendant) is on trial for the death of her two-year-old daughter Caylee Marie Anthony. She is being tried for first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to police.
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.