Court Systems

In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations.

In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the

The manner in which the federal court system is organized has been up for debate ever since its' inception over 200 years ago. Where currently we always hear about arguments between the Democrats and Republicans, late in the 18th century the fight was between the anti-Federalists and the Federalists. The beginning of this fight is rooted in two landmark decisions, Article Three of the U.S. Constitution and the Judiciary Act of 1789.

You’re correct however the real reason for the dual court system is that the founding fathers wanted to create a third branch of government that was equal to the others. Like you said states warts handled state level issues and federal courts handle federal level issues. Creating the dual court system.

The federal courts came about beginning in 1789 when Congress passed the Judiciary Act of 1789 (Neubauer & Fradella, 2008. pg. 65). However, there was a lot of controversy in regards to the act because advocates feared that a strong national government would weaken individual liberties and be a threat to the power of state courts (Neubauer & Fradella, 2008. pg. 65). The act even though federal, still had some ties to the state level courts. One of the first issues was the boundaries of the federal district courts would not encompass more than one state. The second was the selection process would ensure that federal judges would be residents of their districts and lastly, the lower federal courts would have limited jurisdiction (Neubauer &

The U.S has a dual court system including state and federal courts. The federal court system is limited and cases brought to the federal court usually involve a federal question based on the U.S constitution, treaty, or law. The federal court also takes cases that involve diversity of citizenship. A judicial requirement is that there must be sufficient stake to justify bringing a sue.The federal court system consists of a three-tiered model. It includes U.S district courts, U.S court of appeals, and the U.S supreme court. The U.S district court is where trials take place and where testimony is taken. The court of appeals reviews the record of a trial to determine whether there was an error that took place. The U.S supreme court is the highest

One of the big differences within the dual court system is the jurisdiction. The United States Courts website explains the differences in the jurisdiction as the types of cases that the federal and state courts can preside over. The federal court system presides over “cases that deal with the constitutionality of law; cases involving the laws and treaties of the U.S; cases involving ambassadors and public ministers; disputes between two or more states; admiralty law; bankruptcy; and habeas corpus issues” (United States Courts, n.d.). Whereas the state court system although it can be different from state to state presides over “most criminal cases, probate (involving wills and estates) and most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions)” (United States Courts, n.d.) among other cases of a similar nature.

The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences.

To begin with my state, the New York judicial system comprises of the Court of Appeal, the Supreme Court, Appellate Division, the Supreme Court, County Courts and Limited Jurisdiction Courts, Surrogate’s Court and Family Courts. These courts function throughout the state. The Criminal and Civil Courts operate only in the New York City. The County Courts, City courts and village Justice Courts are found outside the New York City.

The dual court system differentiates between the state and federal court systems. The federal court system was established in accordance with constitutional law, which allows Congress to ordain federal courts that are separate from and external to the Supreme Court but which also deal with federal legal matters. These separate federal courts are referred to as "inferior courts," in relation to their position in the hierarchy with the Supreme Court at the summit. Each of the inferior courts established by Congress has a specific and unique jurisdiction.

However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally divided between central governing body and various constituent units. In the United States, the federal government makes laws, but federalism also gives the state’s power to make their own laws (Siegel, Schmalleger, & Worral, 2011). The Founding fathers saw it as a way to serve as check on an abusive or tyrannical government.

There are 94 different federal trial courts call District Courts. The role of these district courts are to hear civil and criminal cases. Those district courts are broken down into 12 different regional circuits, each of the 12 regional circuits have their own court of appeals. These court of appeals deals with appeals within their circuit. Those appeals are then heard and their fate is then decided based on the record that was given before the District Court. All the cases that involve juvenile issues, child custody and Dupree cases, inheritance/probate cases, real estate, as well as most cases that involve criminal prosecution, personal injury cases, disputes and contracts, as well as public health cases. Each state handle local laws, has its own police, and court system. Each court system has its own Supreme Court which is known as the court of last resort. Local crimes in cases go before their local courts and from there it's it is decided whether or not the case goes before the state, supreme, or federal court.

The Federal and State Court systems both have three levels in their court systems. The Federal is called the tree-tiered structure which is comprising of the U.S. District courts is a court which holds federal trials of the federal system along with they have jurisdiction over all cases with any involvement of alledged charge. The U.S. courts of appeal consist of 6 or more judges, depending on caseloads, hears appeals from the district courts located within ttheir circuit. The third one is the U.S. supreme court who has the power to review decisions of the lower courts with limited jurisdiction along with does not conduct trials only in a dispute between states and attorney disbarment. They also have 5,00 requests per year but only 200 are

The Development of the Federal Courts - Analyze the role of judicial review in court.

Within the United States, the judicial system follows the principle of stare decisis. Whereas, courts should abide by the precedents established by superior courts” (Berman, Bowman, West, & Van Wart, 2016, p. 56). The apex of the judicial system, within the United States, is the Supreme Court followed by the 12 federal circuit courts and the 90 federal district courts providing the base of the federal judicial system. States follow a similar pyramid structure (Berman et al., 2016, p. 56).