...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service with...
Words: 693 - Pages: 3
...Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[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.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize states’ rights...
Words: 1654 - Pages: 7
...The United States Court System Dona' De Kendricks CJA 224 March 20, 2011 Christopher Bragg Abstract The U.S. Constitution creates a dual federal court system in which the power is shared between the state and the federal governments. Each of these courts systems are composed of their own courts. State courts have the highest power in general. Within the courts there are trial and appellate courts. These two are considered to work together when there are issues within cases. When a case has any issues in the trial courts it will go to the appellate court for review. The United States court system help serve justice. United States Court System In 1789 Congress convened and emerged with the Judiciary Act of 1789, setting up a judicial system composed of a Supreme Court, Appellate Courts, and Trial Courts. The Constitution created three branches of government the executive, legislative, and the judicial court. The federal court of the United States derives its name and power from Article III of the Constitution. Article III and Section 1 establishes the Supreme Court and provides Congress the power to establish lower federal courts. Congress established the Appellate Courts consist of 12 regional court of appeals and one Appeals Court for the Federal Circuit; the Trial Courts consist of 94 Court Districts, the Bankruptcy Court, the Court of International Trade, and the Court of Federal Claims. Individuals...
Words: 1421 - Pages: 6
...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...
Words: 1230 - Pages: 5
...The court system is one of many processes; one of such processes is the appeal process. An appeals place in the procedure and process of the justice system occur post trial and conviction. An appeal cannot take place until a conviction and sentencing is finalized. An appeal is a legal proceeding by which a case is brought before a higher court for the re-examination of the procedure or decision of a lower court. (Dictionary, 2015) In layman’s terms it is a way to challenge the court’s decision. An appeal in a case may be undertaken by either or both sides; the defendant or prosecution may both have to option to appeal a decision. An appeal does not re-examine the evidence or testimonies involved in the previous decision but instead re-examines the process involved in the previous decision; if interrogation tactics, searches and seizures, and trial procedures are constitutional or not. There are three types of appeals within the appeals process. The direct appeal, also known as an appeal of right, happens when the penalty for the errors made at trial were so big that the appellate court is mandated to review the case. The discretionary appeal is filed when there is a legal ground to show that specific errors were made in a case where the laws were not applied to the case properly. Interlocutory appeals are filed when a judge’s decision hinders the progress of a case being tried and to wait until the end of the trial would hurt the case if allowed to go until the end. In the...
Words: 942 - Pages: 4
...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified...
Words: 1086 - Pages: 5
...United States vs Microsoft Corporation, for Committing Monopolization Written By: Blank March/24/2014 Blank Lee The federal case United States vs Microsoft Corporation (2001) was an anti-trust case tried in the U.S. District Court in which the U.S. government filed suit against Microsoft on May, 18, 1998 because they were concerned that the company was using the power of it enormous market share in the PC operating system market to exert undue influence on the market prices and competition. The government also alleged that Microsoft had engaged in anticompetitive conduct in violation of § 1 and § 2 of the Sherman Act. Although the investigation really began in 1993 when Microsoft’s marketing tactics had sparked the Department of Justice’s interest in the business dealings of the company in order to conclude whether or not the company was partaking in monopolistic practices. This Department of Justice investigation was directly subsequent to two deadlocked probes by the Federal Trade Commission that were initiated in 1990 ("Wired.com”). During the 1993 investigation the Department of Justice found that indeed Microsoft was abusing the monopoly power it possessed over the PC operating systems markets. Monopoly Powers are generally defined as the absence or ineffectiveness of competitive constraints on price, output, product decisions and quality. The Supreme Court defines monopoly power as ''the power to control prices or exclude competition.'' A firm is...
Words: 2041 - Pages: 9
...Speaking of public relations, though, the President's State of the Union speech is another important aspect of presidential duties. The Constitution states in Article II that the President should address both houses of Congress in order to explain the state of the Union in mostly economic terms. This tradition has evolved to be an annual event, where the President outlines his own agenda to the legislative bodies responsible for passing laws, and essentially gives them his own reasons for proposing bills. The third and final branch of the United States government is the judicial branch. Please note that there are separate state courts and federal courts, and that we will be discussing only federal courts. This branch is headed...
Words: 975 - Pages: 4
...College The case of John Crocker vs. Richard Pleasant is about a family suing West Palm Beach Office Richard Pleasant, The City of West Palm Beach, West Palm Beach. The case was heard by Circuit Judge Moses Baker of West Palm Beach. The case goes as follows….Jay Crocker’s body was found on fire by rescue workers in an alley in West Palm Beach on December 5, 1995. He remained unidentified for three days when a hotel clerk contacted the police telling them that the person who checked into a room there had not returned since the body was found burning. He speculated that the body could be the guest who hadn’t been seen since he checked in on December...
Words: 1789 - Pages: 8
...University of Phoenix Role and Functions of Law Paper Federal courts and Florida state courts systems are similar in some ways, but also very different in many ways. Both systems function with specific process of order, and a chain of command to adhere to. Neither the Federal Court nor Florida Court has seniority over the Constitutional Laws that our Country has in place. Federal Vs Florida The federal courts consist of a three part structure that combines the Supreme Courts, the Courts of Appeal, and the District Courts. The Supreme Court is the highest level court in the federal court system, with nine justices ("Florida Supreme Court ", n.d.). The Supreme Court’s original jurisdiction is limited over some cases, but appeals jurisdiction through certiorari process. The Courts of Appeal is considered the medium level courts in the federal system, including twelve regional circuit courts. The Courts of Appeal is specifically appellate court and does not have an original jurisdiction because of that. The District Courts are the lowest level courts in the federal system, combining a total of ninety four judicial districts over fifty states and territories. These lower level courts have no appellate jurisdiction, but have original jurisdiction over most cases. The Supreme Court is the highest level court for Florida as well, only containing seven justices. The Supreme Court is required by jurisdiction to review final orders resulting in death, some...
Words: 764 - Pages: 4
...by administrative agencies, fda sec irs. Created by congress to inact more laws History of our court system * Our law basically originated from England * Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing. * Staredecisis – “let the decision stand” the beginning of…PRECEDENT which means that court must rule as prior case * At first courts were called courts at law or kings courts * When you sue you were asking for a monetary remedy ‘something to fix the damage’ basically property * Common Law is Case Law* * Courts of equity – developed because monetary remedy didn’t work, basically when a property wouldn’t be enough for retribution for crime. She gave example of person’s view outside of their house being taken away by a person’s new home. They wanted an “Injuction” which is a form of equitable remedy. Court order for someone to not do something or force you to do something. * “specific performance – Contract remedy under court of equity . * Recission – another equity remedy – a form of contract remedy * Equity courts sometimes were referred to as chancerycts courts * Hierarchy of courts – state and federal * Federal courts * Federal questions, federal statutes, patents, constitutional issue * State * Everything else really, * Probate – if you die, divorce, child custody * Diversity...
Words: 767 - Pages: 4
...law contract (quasi)-an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed. The doctrine is intended to prevent unjust enrichment and unjust detriment. Implied in fact contract- a contract where agreement between parties has been inferred from their conduct. Objective theory of contracts- a theory that says the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties. Executory-a contract that has not been fully performed. With court approval executory contracts may be rejected by a debtor in bankruptcy. Cases-City of Everett vs Mitchells- Mitchells buy safe for $50 and take to lock smith and find money. City commenced and interpleader action against the sumstad estate and the mitchells. State supreme court held that under the objective theory of contracts a contract was formed between the seller and the buyer courts rules in favor of mitchells. Dines vs Liberty mutual incurance- police recovered stolen car that belonged to liberty and stored it in dines towing facility. Liberty found out it was there but did not take it out. Dines wrote letter to liberty and gave them an incoice for 20 per day liberty refused to pay. Dines released car to liberty but sued for 10,400 court found a implied in law contract and awarded dones 5,000 both parties appealed. Bickham vs Washington Bank- Bickham and adams VP of bank both agree...
Words: 3975 - Pages: 16
...Name of case: Babbitt v. Sweet Home Court: United States Supreme Court Citation: 515 U.S. 687 (1995) Parties and their roles: BRUCE BABBITT, SECRETARY OF THE INTERIOR, PETITIONERS Vs. SWEET HOME CHAPTER OF COMMUNITIES FOR A GREAT OREGON. (DEFENDANTS) Facts: Sweet Home chapter is a group of landowner, loggers and families. They are dependent in Forest goods in the Pacific Northwest. Two U.S. agencies are trying to halt logging due to the endangerment of two species, the spotted owl and the red cockaded woodpecker. Issues: The issue in this case is whether the interpretation of the word harm under the Endangered Species Act includes habitat modification or destruction when it may kill or injure wildlife. The issue in a general sense was whether the statute applies to commercial businesses with the unintended attention directed towards endangered species. If commercial business were to go ahead with their project then it will have an indirect effect on destroying endangered species habitats. Lower court decisions: The Trial Court found for petitioner, defendants appealed. The Appellate Court found for defendants, petitioner appealed Decision: The Supreme Court held that the definition of harm does include significant habitat modification where it actually kills or injures wildlife. They also specified that the Appellate Court was wrong by assuming that words in the definition of "take" only apply to actions involving direct contact with endangered animals. ...
Words: 323 - Pages: 2
...Court History and Purpose Paper University of Phoenix CJA/224 Court History and Purpose Paper The criminal justice system is the set of agencies and processes that are established by governments to control delinquency and crimes with an objective to impose penalties to those who violate the laws. There are no single criminal justice systems in the United States but instead there are many similar individual systems. A court is an institution set up by the government to control crime, settling disputes through a legal process. The court system decides what the type of punishment should be to those who have committed crimes. By doing so, this helps society in diminishing crime rate. The system also provides a reasonable way to decide private disputes that individuals may not be able to resolve themselves. Adversary process is used by courts to help reach a decision. This process includes both sides to professionally state arguments to the judge or jury that will determine each case and find a solution. The dual court system is two separated court systems that include a state court system and a federal court system. Federal courts are established in the country under the United States Constitution by Congress to decide disputes that involve the Constitution and laws that are passed by Congress. Federal courts only hear the following: cases which involve the United States party, cases involving violations of federal laws, cases between citizens of different states exceeding...
Words: 686 - Pages: 3
...For example, each state within the United States operates under its own set of laws, but is at the same time, is bound to the federal laws laid out in the United States Constitution. In fact, the Constitution, can and will, take precedent over any state law. The State of New Jersey has one of the simplest court systems in the nation, with only a few basic types of courts. The court systems are the municipal courts, tax court, state superior court, an Appellate Division, and the New Jersey Supreme Court. Most citizens will come in contact with only the municipal courts, which deal with motor vehicle violations, minor criminal-type offenses, municipal ordinance offenses, and other minor offenses. The tax courts deal with exactly that, appeals of tax decisions made by County Boards of Taxation. The superior courts work with cases that involve criminal, civil, and family law cases. Typically, the superior court is called trial court, because it is the court system where trials are conducted. The appellate division is the court system that hear appeals from the tax courts and trial courts. Lastly, the New Jersey Supreme Court is the highest appellate court,, and reviews cases from all of the lower courts (New Jersey Judiciary, 2015). The court system in the State of New Jersey is vastly different when compared to the Federal court system. While the state court system works with most criminal cases, contract cases, and family cases, the federal court system works in a...
Words: 950 - Pages: 4
