...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
...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...
Words: 833 - Pages: 4
...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...
Words: 864 - Pages: 4
...articles and the knowledge that I have acquired about the court system I strongly believe that the court system is structured in a complex fashion. According to George Kucik and Alieen M. Cohen of the International Corporate Law, “The complex and sometimes harsh rules governing United States litigation or court system are, in truth, two edged swords that can be employed to any litigant's advantage regardless of his or her nationality.” Also, I have come to realize that the court system is portrayed not as a place nor as a group of people, instead it is portrayed as a structure binding society together positively. For many the United States court system is considered to be an overlapping network. The state and federal court systems are relatively simple structures. Each level of the court system is divided into multiple...
Words: 542 - Pages: 3
...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...
Words: 308 - Pages: 2
...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...
Words: 1195 - Pages: 5
...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...
Words: 1075 - Pages: 5
...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...
Words: 1163 - Pages: 5
...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...
Words: 1331 - Pages: 6
...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...
Words: 1020 - Pages: 5
... In this case study we will be taking a close look at the United States legal system and how it became what it is today. Research issue or case/code chosen: Where did our legal system originate from? Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies or overpayments...
Words: 679 - Pages: 3
...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...
Words: 1144 - Pages: 5
...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
...Court Comparison Contrast Paper CJA/224 December 12, 2010 Court Comparison Contrast Paper The United States Constitution is the law of the land and creates a federal system of government known as the judicial system. The power of the United States’ judicial system has two different court systems, the state courts, and the federal courts. Our current judicial system consists of the following courts, federal, and federal appellate courts, trial courts, state trial courts, and state appellate courts. Each state including individual cities and other municipalities establishes the state courts. The United States Constitution establishes federal courts. The Federal Courts only see cases that involve the Constitution or laws passed by Congress. Although the Constitution is the law from which both court systems base their decisions off, they have many differences. The main difference between the state and federal courts lies within the jurisdiction or the types of cases that each hears. Depending on the nature of the case will determine which court the case will go through. Aside from the types of cases heard by state and federal courts, the selections of judges along with the structure of these courts differ. The following paper discusses the similarities and differences between the two court systems that currently make up the United States judicial system. Most states have a multilevel court structure, including a trial court, an intermediate court of appeals, and...
Words: 1461 - Pages: 6
...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...
Words: 934 - Pages: 4
