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 of Limited Jurisdiction. This level usually only resides with one judge and no jury members. This levels deals with civil matters as well as small offences against city ordinances. Trial courts of General Jurisdiction also known as district courts consist of a judge and a jury. The judge is there to ensure the law is in place and followed while the jury is there to observe the facts and make the final decision on the verdict. These courts have general jurisdiction in all felony cases and any violent crimes that have been committed where the limited trial courts have no authority. Intermediate Appellate courts are the next level a case is taken up when a person has been found guilty and wants to make an appeal. Most states have these court systems but
COURT COMPARISON AND CONTRAST PAPER 3 those that do not, would be taken to the State Supreme Court. The appellate court is there to allege the mistake in law and not in facts for the most part. After the case has been taken through the entire process of jury trial and appeals it then has the chance to get presented to the highest state courts which are known as the State Supreme courts. These courts reserve the right to either accept the case or reject it after closely reviewing the information presented in front of them. In the states that do not have the appellate courts, the Supreme Court then takes the place of these courts and accepts the appeals that we presented from the jury trial hearings. These courts can range in a panel of three, five, seven, or nine judges. Contrast Between State and Federal Court Systems State courts handle a large share of civil and criminal cases in the United States. The judge that is appointed to the state court is usually elected and it varies in method of appointment. Many of the state court judges have had some type of political involvement, usually a distinguished attorney. There are many differences in the state courts because they do not have an intermediate appellate court; and the court of one state does not have to follow the decision of another state. The majority of non-criminal cases are held in state courts instead of federal courts. The civil cases held in state court involve bankruptcies, evictions, debt collections, probate cases, foreclosures, tax collections, and domestic relations. The connection between state and federal courts is obscure. State’s constitutions and federal laws overrule state laws where there is a clash between federal and state laws, and state courts are not subordinate to federal courts. The federal court system of the United States consists of courts within the judicial branch
COURT COMPARISON AND CONTRAST PAPER 4 and outside of the judicial branch. Those located outside of the judicial branch include Military Courts, Court of Veteran Appeals, United States Tax Court and Federal administrative agencies and boards (United States Courts, 2003). The United States Constitution acts as the law of the land and courts located within the United States proceed according to the Constitution. The constitution created the federal system of government which shares power between the states and federal government (United States Courts, 2003). Federal courts handle cases involving disputes about the laws within the Constitution and the laws passed by Congress. Also, the federal courts system handles cases that involve federal crimes. Federal crimes include tax issues, civil rights, Social Security issues, and broadcasting. Other cases involve admiralty, trade law, patent, and other intellectual property issues (United States Courts, 2003). Meanwhile, federal courts handle cases involving citizenship, bankruptcy, treaty rights, and foreign states. Therefore, this means not only does the federal court system handle foreign affairs cases; the federal courts handle disputes between states. Federal courts also handle traffic violations on federal property (United States Courts, 2003). Lastly, they are two similar sets of courts with separate outcomes and time and again overlap jurisdiction. Difference Between Trial and Appellate Courts There are three key distinctions that can be made between trial courts and appellate courts. These differences are the witnesses and exhibits, the judges, and the juries. Witnesses and Exhibits The first difference between trial and appellate courts are the witnesses and exhibits. Trial courts are the courts where cases begin. Both sides present evidence, in the trial court, by which different versions of what happened are presented. In the trial court, the majority of the evidence
COURT COMPARISON AND CONTRAST PAPER 5 that is presented, comes from witnesses and exhibits. No witnesses or evidence is presented in the appellate court, and attorneys only dispute legal and policy issues before a judge or an assembly of judges. In a trial court, the attorneys put forward legal arguments and present evidence by which to convince the judge in a bench trial or a jury in a jury trial. Judges Another difference between the two courts is the judges. In the courtroom of a trail court, there is only one judge, and he or she is responsible for deciding whether or not evidence can be utilized as well as determining the outcome of the case. In the appellate court, there are five groups of three judges, and in the Supreme Court, there is one group of five judges. Juries A final difference between trial and appellate courts is the responsibility of the jury. Juries, at times, are used in trial courts to assist in the decision of a case, such as determining whether or not an individual in a criminal case is guilty. Appellate judges determine the outcome of all appeals, thus, no jury is needed. Appellate courts do not hear or rehear the facts of the case, it simply focuses on the facts of law. Trial courts focus on the questioning of facts. Appellate judges want to know whether or not the law was applied correctly, and will overrule a decision made within a trial court if there was a crucial legal error made. If the appellate court judges believe the outcome of the trial court should be altered, it will, but if no legal errors were found, they will not overrule the lower court‘s decision. Appellate judges make his or her decisions based merely on legal disputes of how the law should be interpreted and applied. Conclusion The Founding Fathers of this country understood the necessity for a self-reliant Judicial
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Branch. This system was established under Article III of the United States Constitution.
The United States courts are an independent, national judicial providing fair and impartial justice within the jurisdiction conferred by the United States Constitution and Congress. While state courts are restricted in their jurisdiction to their respective states, the federal courts have national interests. State courts are more united to the cause of the ordinary citizen and most people usually never end up dealing with a federal court.
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References
United States Courts. Retrieved April 6, 2012, from http://www.uscourts.gov/Educational Resources/FederalCourtBasics/CourtStructure/InsideTheFederalCourts.aspx
Trial and Appellate Courts. Retrieved April 3, 2012, from http://www.civilrights.org/ judiciary/courts/difference-trial-appellate-courts.html
Trial and Appellate Courts. Retrieved April 3, 2012, from http://www.helium.com/items/ 2006068-whats-the-difference-between-a-trial-court-and-a-court-of-appeals
Understanding the Federal Court. Retrieved April 4, 2012, from http://www.uscourts.gov/ FederalCourts/UnderstandingtheFederalCourts/FederalCourtStructure.aspx
