...read consists of the federal court system, federal court’s jurisdictions, and lastly I’m going to compare the federal court system to the state of Georgia’s court system. Let’s start with the federal court system, which consist of three tiers. The Federal Courts According to the Paralegal Professional by Henry R. Cheeseman and Thomas F. Goldman, the trial courts of the federal system is the District Courts (2011, p.211). Cheeseman and Goldman say there are 94 district courts in the federal court system (2011, p.211). Also in their 2011 book, they say the district courts are decided by geographical area and how populated that area is (Cheeseman, p.211). Lastly, Cheeseman and Goldman state that there is at least one District Court in every state (2011, p.211). Next, is the intermediate appellate court in the federal court system. The Paralegal Professional says the U.S. Court of Appeals is the intermediate appellate court in the federal court system (Cheeseman, p.211). Cheeseman and Goldman also say there are thirteen circuits, which are the geographical area that the court serves (2011, p.211). They also state that the courts can only take appeals from inside their circuit (2011, p.211). According to their 2011 book, each circuit has a three judge panel and someone in a case can request a review after the judges make their decision (Cheeseman, p.211). The last part of the federal court system is the highest court of the federal system. According to Cheeseman and...
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...The death penalty is a form of justice in the United States’ court system. For years society has been debating whether this was cruel and unusual punishment, or the most effective way to serve justice to serious crimes. The death penalty is beneficial to society altogether. There are extraordinary heinous crimes in which it may be appropriate. To begin with, the death penalty helps citizens feel safer in their community by the removal of a threat from society, even though the criminal may be behind bars they still pose a threat to society. Some criminals are able to reach the outside world and make influences, even while behind bars. For this reason some criminals are simply too dangerous to live at all. Above all the death penalty brings...
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...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he 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." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...
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...Court System Introduction The purpose of this paper is to make the reader aware about the significance of the history of judicial system prevailing within the premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developments and the dual court system of the United States. Discussion The development of the state courts within United States can be traced back from the colonial period. Every state in United States organizes its court system independently. Every state has been provided with the right to choose its own organizational structures and the possible jurisdictions of their respective courts. Various types of courts have been developed throughout the history of United States. The federal level states have trial courts normally called district courts and circuit courts which are the appellate tribunals. In New York most of the trial courts are considered supreme courts (Columbia Encyclopedia, 2007). The development of court system started in the colonial period. Local judges were called magistrates on the lowest level of their colonial judiciary. By the early eighteenth century, the development of formal courts started. After the American Revolution in 1775, distrust towards the judiciary...
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...first was established, the United States legal system has been an important order of justice in our nation. Regardless of social status, gender, race and ethnic background this system is designed to allow all citizens to receive a fair criminal trial. One of the most important characteristics of this system is the Dual Court System; The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. By the time the U.S. Constitution had first mandated (1789) the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the English model. To better understand how the Dual Court System works, we should analyze what is the meaning of Dual Court System; the United States has two court systems, the federal and the state. The federal court system, with exceptions, hears cases involving federal matters. There are fifty state courts, one for each state. These are independent of one another, and have their own rules and regulations. Usually, state courts decide cases that involve issues happening within the state. These state courts have been developed throughout the years, a very efficient system with multiple courts that allow attending different cases and trials (Lieberman 2004) Of the two systems, the federal is by far...
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...COURT COMPARISON AND CONTRAST PAPER 1 Court Comparison and Contrast Paper COURT COMPARISON AND CONTRAST PAPER 2 Comparing State and Federal Court Systems There are many factors that involve the differences in state and federal courts. The three major factors that separate the two court systems are the structure, the selection of judges, and the types of cases that are presented in each of the two court levels. There are many reasons that there are two different court levels. This is so that we have checks and balance between the federal courts and the state courts. The structure of the Federal courts is based off Article III of the constitution of the United States. This article gave the federal system the power to create the Supreme Court as well as all the lower federal courts. The federal court system is broken down into six different types of courts which starting from the highest are the Supreme Court, United States Court of Appeals, United States District Courts, as well as the special federal courts which are the United States Bankruptcy Courts and the United States Courts of Special Jurisdiction. Within each of these courts they each handle specific cases that are presented to them. The State Court System is broken down into four different levels of courts. First are the trial courts...
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...Court System of the United States Curtis Sweed May 19, 2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail...
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...Development Response The United States of America is made up of two separate legislative and executive branches of government. These two branches of government are called the federal and state court system. The federal and state court system is known as the “Dual Court System”. The federal court system includes 3 different parts. First, starting off at the bottom level is known as the trial courts (also known as federal district courts). The middle level is the federal appeal courts (also known as circuit courts of appeal). The highest level is the Supreme Court. The federal court operates in the United States by hearing civil and criminal lawsuits that contain federal regulations, policies, constitutional laws, and other things like federal tax. The state court system contains trial courts, appellate courts, and also courts with limited jurisdiction. The state court system operates in the United States by hearing criminal and civil lawsuits only related to the state regulations. The state court system takes care of inheritance problems, traffic violations, real estate issues, child matters, divorce problems and injury cases. When comparing the United States court system to other courts systems, you come to find many countries have many similarities and some differences with the United States court system. For instance, countries such as Australia, Bangladesh, Canada, Hong Kong, India, Ireland, Israel, Nauru, New Zealand, Pakistan, and the United Kingdom believe in Common law...
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...legal system is a very complicated and vague network of international, state, and non-government bodies. Each organization influences each other, but it is evident that the United States holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and supremacy, has the United States...
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...The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System Cassandra Jones PA101 Kaplan University Instructor: Emily Ryan The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System In this paper I will be writing about the organization of the U. S court system. The jurisdiction limits of the federal courts and their requirements for filing in that jurisdiction. I will also talk about the Ohio federal and state court systems and the similarities and differences of how they do their jurisdiction. The U.S court system is made up of two different types of court systems; the federal and state court. The federal court is also made up of two different types of systems as well. The first federal court is Article III court and the second is the Article I court (United State Courts, 2010). The Article III court got their name because as stated by the U.S courts “they derive their power from Article III of the Constitution” (United State Courts, 2010). The Article III courts are as followed the U.S District Court, the U.S Circuit Court of Appeal, and the U.S court of International Trade. These court systems judges are appointed by the President of the U.S with advice and consent of the senate and hold office during good behavior(United States Courts, 2010). There are ninety-four districts in the U.S for the U.S District...
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...Running head: Major Court Systems Major Court Systems Shannon Armstrong, John Bridges Jr., Toni Burgess-Dowdell Deborah Camou, Bill Carnegie University of Phoenix CJA-500: Survey of Justice and Security Instructor: Joseph Gutheinz Jr., J.D. January 25, 2010 Major Court Systems Introduction Courts in the United States consist of two systems; the federal courts and state courts. Each state legislature sets up their court system the way they see fit. The different types of courts are district courts, family courts, criminal courts, civil courts, appellate courts, and some states even have traffic courts. The federal government has more authority, yet the federal role tends to have a more narrow approach. The federal court system is more specialized, whereas state courts have to address numerous issues on many different levels. The following is an overview of the various court systems. U.S. Supreme Court “The U.S. Supreme Court is the highest judicial body in the United States” (Federal Judicial Center). Article III §1, of the U.S. Constitution establishes the Supreme Court’s authority. The Constitution does not clearly provide for the authority of judicial review by the Court. “The Court’s authority to review laws and executive actions and determine their constitutionality is an established and accepted precedent” (Federal Judicial Center). The Chief Justice and eight Associate Justices govern the court. These Justices are appointed...
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...Court Comparison Contrast Paper CJA/224 Introduction to Criminal Court Systems Court Comparison Contrast Paper During the course of reading this paper you will be introduced to the difference between trial court and appellate court. For example in trial courts there is actually only one judge within the room, he basically decides what can and can’t be used as evidence within the courtroom. In appellate courts there are five groups of three judges who basically divide’s the cases between them. You will also be to understand the difference between federal and state courts, for instance federal courts simply tend to handle cases such as illegal weapons and drugs that tend to cross our state lines, and state courts basically handle cases that deal’s the juvenile and family cases. After reading this paper will not only be able to understand when and where an appeal begins and ends, but you should also be able to fully understand the functions that between trial and appellate courts. State Court Each state has its own system of justice that oversees court cases. The judicial system that they employ will oversee a majority of the criminal cases that are presented. There are many levels of trial courts with at least one appellate court that states will have. The majority of states will have courts of general jurisdiction, which will hear major offenses like felonies. Courts of limited jurisdiction which will hear minor offenses. Some states...
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...Court History and Purpose Leonard Navarro CJA/224 March 11, 2013 Greg Dorfman Court History and Purpose The American court system has become a strong organized machine. There are two types of court systems in the United States of America. The two court systems are the state courts and the federal courts. These two systems are known as the dual-court systems. The dual-court system is the result of an agreement that was made between our nation’s founders about the need for individual states to keep significant legislative authority separate from federal control. “One of the most important, most interesting, and, possibly, most confusing features of the judiciary in the United States is the dual court system; that is, each level of government (state and national) has its own set of courts”. (IIP Digital, 2013) Prior to the adoption of the Constitution, the United States was governed by the Articles of Confederation. The dual-court system divided the court systems into two separate divisions. The two systems are the state court system and the federal court system. Under this new idea of two separate systems, this developed a loose federation of semi-independent provinces. This meant that new states that wanted to join the union were assured of limited federal intervention in local affairs. This allowed state legislature to create laws. This required the state court systems to hear cases that laws were violated in to be heard. The structure of the court systems...
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...Court History and Purpose Paper Valerie Wilson CJA/224 January 21, 2013 Professor Jennifer Martin Court History and Purpose Paper A court is a place where justice is administered. It is a tribunal duly constituted for the hearing and determination of cases, and a session of a judicial assembly. The courts are here to settle disputes between parties. The purpose for the courts is to hear the defendant's cases and either rule to dismiss or sentence the defendant to some type of punishment. The defendant is given a chance to plead guilty, not guilty, or no contest. If the defendant pleads guilty during their arraignment the judge may sentence them at that time or schedule them for sentencing. If they plead not guilty than their case is scheduled for a trial, depending on what charges are filed by the Prosecuting Attorney or District Attorney. During a trial officers, medical specialist, forensic experts, and witnesses may be subpoenaed. At this time the judge will hear both sides of the opposing counsel. The judge and jury are the fact finders. The jury will deliberate and come back to court with a decision. At this time the judge will read their decision and is the one who determines the law. At the sentencing the judge will make the final decision. If a defendant pleas no contest than they leave it up to the judge to choose what punishment or sentencing is given for that person. No matter what that defendant pleas during the arraignment they do give...
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...INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the two different systems came, and how the systems relate to today. Two branches are equally important, and the following is going to mention about how both the State and Federal Courts interact with one another. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. At the first level of the courts, which is called a magistrate (Schmalleger, 2009)? The head of the colony is the person who decides who fills this position. Following was the majority of trial cases. Lastly was the third court level, having a case that the courts appeal, with the head of the state and the members that he had chosen were the ones that heard the case which the Grand Jury was brought in at this time (Carp & Stidham, 2001). As centuries...
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