U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court make up the three-tiered hierarchy of the federal court system. U.S. district courts are the trial courts. They have jurisdiction over cases concerning violations of federal law. There are 13 U.S. courts of appeals or circuit courts. These courts are located in major cities and the cases are heard by a number of associate justices. It is the circuit court’s responsibility to review federal and state appellate court cases, evaluate judicial interpretations of the law, and reflect on any constitutional issues within each case. The U.S. Supreme Court or the court of last resort, is the highest court in the United States. It is the only court mandated by the constitution.
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. They will only review cases in which constitutionality or judicial error is brought into question. The defendant has already been given a guilty verdict and so the question of innocence will not be re-evaluated. However, the appeals court may send the case back to the court of original jurisdiction to be retried, at which the defendant may be determined not guilty in a retrial or the charges may be dropped by the prosecution. The top tier of the federal court system is the U.S. Supreme Court. This court is not mandated to hear the appeals of all criminal cases as is the case with the U.S. Court of Appeals. The Supreme Court chooses which cases have important constitutional issues for review. There are four guidelines
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system.
Article 3 tells us how we establish judges, which is called Judiciary. They also decided if a law is allowable, or if it goes against the constitution. Article three section one states that the Supreme Court is the highest court in the United States. That a judge will serve for life or until he or she wants to retires. Article three section two informs us that congress says what case the Supreme Court may decide.
The four components for the state court system are Trial Courts of Limited Jurisdiction, Trial Courts of General Jurisdiction, Intermediate Courts of Appeals, and Appellate Court of Last Resorts. The Trial Courts of Limited Jurisdiction are the courts at the lowest level such as General Sessions Court. These courts
For this institution Pittonia will draw inspiration from the Canada. Canada’s court system is comprised of four tiers; the provincial and territorial lower courts, the provincial and territorial superior courts, the appellate courts, both regional and federal, and the Canadian Supreme Court (“Canada’s Court System”). By using a method such as this Pittonia will ensure that all areas needing judicial guidance are overseen. Borrowing more from the Canadian system, and not another similar one, such as the American system, Pittonia’s courts are all unified, and the Supreme Court retains the final authority, unlike in the American system, where states can interpret state laws as they see fit. With such a diverse population, it is necessary in some areas to have strict uniformity, so that there can be no dissent with interpretations between regions.
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
Throughout our history, there have been many cases that have taken place about issues with slavery and segregation. The issues have improved over the years, however there are still many underlying problems that still take place. There are three cases that were filed by African Americans and have had an impact on Americans. These cases have also showed a growth development in equal rights in the United States, as well as the substantial change in how equal rights have affected social justice in the States. The three court cases are Dred Scott v. Sanford, Plessy v. Ferguson and Brown v. Board of Education.
The question is whether a matter is essentially within the domestic jurisdiction of a state or not has to be decided by the Security Council which is controlled by the five permanent members of the United Nations. The availability of the veto power in the hands of the permanent members of the Security Council is a major obstacle in solving international problems. There is no certainty for international law. The international law has failed to maintain order and peace in the world for many
International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff). On the 24th of October 1945, the United Nations officially came into existence. On that day, representatives of 50 countries met in San Francisco at a United Nations Conference on International Organization to draw up and sign the United Nations Charter (UN, History of the United Nations). The United Nations Charter is a document that states what the United Nations is. In Chapter 1, “PURPOSES AND PRINCIPLES Article 1” one of the points states that a purpose of the UN is to keep international unity and to remove anything that threatens peace (Nations, 1945). Even though at first international laws may seem to only include human rights, they are much more complex and they affect us in many different ways.
The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.
Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial
GLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.