...The Supreme Court, highest tribunal in Illinois, has seven justices, elected from judicial districts for a term of 10 years. Three justices are elected from the First District (Cook County), and one from each of the other four districts. The Supreme Court has general administrative and supervisory authority over all courts in the state. This authority is exercised by the Chief Justice with the assistance of the Administrative Director and staff appointed by the Supreme Court. The Supreme Court hears appeals from lower courts and may exercise original jurisdiction in cases relating to revenue, mandamus, prohibition or habeas corpus ("Welcome to Illinois," 2011). The Appellate Court hears appeals from the Circuit Courts. There are five districts of the Appellate Court, and Judges are elected for 10-year terms. Cook County, which comprises the 1st District, has 18 Appellate Judges. The remaining 101 counties are divided into four districts that elect six Judges each. Additional Judges are assigned by the Supreme Court to the Appellate Court, temporarily, on a showing of need. Elgin is the seat of the 2nd District; Ottawa, the 3rd; Springfield, the 4th, and Mount Vernon, the 5th ("Welcome to Illinois," 2011). The Unified Trial Court in Illinois is the Circuit Court comprised of Circuit and Associate Judges. The state is divided in 23 judicial circuits, each having one Chief Judge elected by the Circuit Judges. The Chief Judge has general administrative authority in his or her circuit...
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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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...The United States court system is a network of different courts. Both federal, and state court systems is divided into several layers; Court of special jurisdiction, trail courts, appellate courts, and the Supreme court. Court of special Jurisdiction is made up to listen to specific cases. The federal system has tax courts and bankruptcy, while most state courts have probate/ family court, which deals with custody, will, etcetera. In these courts, trained lawyers and judges have specific guidelines with evidence to speed the process up. Trail courts usually are where cases begin. Civil and criminal cases are two types of trial courts. The general structure is the same while the procedures may differ. Both sides have the chance to figure out as many facts as they can about the case, before the trail, in attempts to persuade the jury/judge that the facts presented are in their favor....
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...MALAYSIAN COURT SYSTEM The purpose of this is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarise readers with the function of Malaysian Courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the Courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centres. MAGISTRATES COURT The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM 5,000 you may wish to file your claim in the “Small Claims” division of the Magistrates Court. If you do so, however, you must be prepared to conduct the case yourself, as legal representation is not permitted. B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature: i. Where the offence is punishable by a fine only – this would cover the majority of the traffic offences. ii. Where the offence provides for a term of an imprisonment not exceeding (10) years. A Magistrate may not, however, impose a term of imprisonment exceeding (5) years. SESSIONS COURT A) CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions...
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...Component: Georgia Court System, April 6, 2014 | | | The state court system is the second component of the dual-court system of the American court system. With the passing of the Reorganization Act of 1801, state court systems began to follow a “three-tiered structure of trial courts of limit jurisdiction, trial courts of general jurisdiction and appellate courts” (Schmalleger, 2014, p. 206). The Georgia court system is composed of five classes of trial level courts, which include the magistrate, probate, juvenile, state and superior courts; in addition to those five trial level courts, the Georgia court system also includes about three hundred fifty municipal courts, which operate on a local basis. The Court of Appeals and the Supreme Court make up the two appellate level courts of the Georgia court system (Georgiacourts.gov, 2014). The magistrate court is a trial court of limited jurisdiction, and the magistrate court of the Georgia court system includes one hundred fifty-nine courts and chief magistrates and three hundred thirty-three magistrates (AOC, 2014). The magistrate courts “issue warrants, hear minor criminal offenses and civil claims involving amounts of $15,000 or less,” “it is the first resort for many civil disputes…in criminal matters magistrates hold preliminary hearings, issue search warrants to law enforcement and also warrants for the arrest of a particular person…or set bail for defendants” (Georgiacourts.gov, 2014). The magistrate court “does not hold...
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...the court system within the U.S. and the jurisdiction of the federal courts, also alternatives to litigations. State court system includes Limited-Jurisdiction which may or may not be recorded into record and may be limited by subject and amount. General-Jurisdiction, which hears evidence, testimony and renders a decision. May have separate divisions that handle civil and criminal matters and recorded into record. Some states may have an Intermediate Appellate Court which hears appeals from lower level courts. No new evidence is introduced at this level. Then there is the court of last resort which is the Highest State Court also known in some states as the State Supreme Court. This court hears appeals from appellate courts at an intermediate level. Also have the final decision unless there is a conflict in constitutional or statuary rights. Even though all states have a federal court system; most legal disputes can be handled in state courts for example: probates and wills, small claims, divorce, child custody, etc. Federal Court System includes the following: Special Federal Court which includes courts that have specialized or limited jurisdiction such as Tax court, Claims court, Court of International Trade, and Bankruptcy courts. U.S. District Courts which is the trial court and has 96 districts with at least one in every state. U.S. Courts of Appeals which are the intermediate appellate courts. U.S. Supreme Court which is the highest court of the federal court system. Jurisdictions...
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...United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are 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 The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the English...
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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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...The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an imperfect process to deliver justice. Throughout the years there’s been controversy and debate between the rights of state and federal courts. However, as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and the Judiciary Act of 1789. Weaknesses of the Articles of Confederation in the past was thought to be the absence of a national supreme court to enforce federal law and resolve conflicts and issues between different states. The major issue during the Convention in Philadelphia in 1787 was that there be a separate court system for federal and state. This divided the people into two groups, the Federalists and the Anti-Federalists. The Anti-Federalists were advocates of state’s rights and feared a strong national government that would result in the weakening of individual liberties. The Federalists on the other hand distrusted the states and favored a strong national government. This conflict between the two groups was later resolved at the...
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...A court is a tribunal or governmental institution with the authority to adjudicate legal disputes between parties and carry out administration of justice in civil, criminal and administrative matters. The legal tradition prominent in the Commonwealth Caribbean is that of the common law tradition, which originated in England, the court system of the territories is also influenced by tradition. The courts in the region are modeled on those of England. The power to create and regulate such court systems, however, is no longer derived from colonizing power, but from the written Constitutions and other local statutory instruments to be found in the territories which have gained independence. In the majority of the Commonwealth Caribbean the Judicial Committee of the Privy Council sits at the apex of this hierarchy of courts while others have replaced it with the Caribbean Court of Justice (the CCJ). Consequently, decisions of judgments emanating from the Privy Council or the Caribbean Court of Justice are the most authoritative in the hierarchy. Next in the hierarchical structure are the Courts of Appeal, then the Supreme Courts or High Courts followed by intermediate courts such as the Family Courts, Resident Magistrates' Courts and Juvenile Courts which are inferior courts and has the least authority. The Judicial Committee of the Privy Council This court is comprised of Law Lords of the United Kingdom and hears appeals from decisions of the Court of Appeal of Jamaica...
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...The U.S. Court Systems Gabriella Robinson February 21, 2012 U.S. Court System 1 Throughout this paper, I will explain the organization and functions of the federal courts, describe the jurisdiction of the federal courts as well as what filing needs to be done within the court system. I will also be naming several different court levels as well as listing similarities and differences throughout each courtroom. Within the federal court system there are 3 organized divisions. First, there is the Supreme Court which is said to be the “highest court in the land”. Second, the U.S. Court of Appeals and last but not least, the U.S. District Courts. The federal courts hear cases that involve the laws that concern the Constitution, the laws and/or treaties of the U.S., Ambassadors and Public Ministers, disputes between two or more states and bankruptcy cases. The federal courts only exercise judicial powers, meaning the “courts decide controversies by issuing decisions in each case and the rationale for that decision”. Another exception to the rule is diversity of citizenship, which means that in such a case the Diversity of citizenship occurs if the lawsuit involves (a) citizens of different states, (b) a citizen of a state and a citizen or subject of a foreign country, and (c) a citizen of a state and a foreign country is the plaintiff. A corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business...
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...Court System Paper Teresa Wilson CJA 204 Dec. 5, 2011 Mrs. Dorey Court System Paper The court systems have been around for hundreds of years. Our court system has come a very long way since then. I mean back then our first court was actually back in the 1789 which was small and hierarchy compared to the was courts are now days. In the 1789 the first bill was put into action. From this we got what is called “the original American court system for resolving criminal and civil dispute.”( Schmalleger, 2009. Our state courts have developed several models. They have followed the Federal Judiciary Act of 1789, which later became the reorganization Act of 1801, which has made more models for the state courts. They follow the federal model development three-tiered structure. They are 1.) Trial courts of limited jurisdiction, 2.) Trial courts of general jurisdiction and 3.) Appellate courts. It was soon found that the three-tiered models were not that great. It did provide local and specialized courts proliferated. Traffic courts, magistrates courts, and probate courts, just to name a few, that functioned at a lower levels. The (ABA) better known as the American Bar Association and even the American Judicator Society. Helped the simplification of state court structures, they also help the state form the models. Among the state courts there are different levels of courts, they are the state trial courts that criminal cases begin. In the trail courts bail...
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...Courts System Paper Curtis Lee Cabil Jr. CJA/204 Russell Yeiser December 16, 2011 Courts System Paper The first bill introduced in the United States Senate was the Judiciary Act of 1789. This act divided the country into 13 different districts which represents the 13 colonies. Essentially, the Judiciary Act of 1789 marked the beginning of the historical development of the nations’ court system. From that, “the original American colonies had their own court system for resolving civil and criminal disputes” (Schmalleger, 2009). This in turn marked the development of the dual courts system. “The dual court system is the distinction of state and federal courts that make up the judicial branch of government” (Hewitt, 2008). Furthermore, this dual system will be the result of many years of gradual development. For the purposes of this discussion, I will examine in detail the historical aspects of our nation’s criminal court system, the dual system of the United States, and take note of the differences between the development and our nations’ dual court system. The Supreme Court first assembled on February 1, 1790. However, the meeting had to be re-scheduled to the next day. This was the time when the justices met in New York at the nation’s capital. This meeting took place at the Merchant’s Exchange Building. Despite this, the first actual meeting was not heard until 1792. During the first meeting the Supreme Court met to figure out how to organize it and determine the powers...
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...are several court systems. Each court has a designated portion of cases that they oversee and can either be ruled by a judge or determined by a jury trial. At the top you have two court systems, the Supreme Court in which 9 judges reside over and the Court of Criminal Appeals in which 5 judges reside. These court systems are called, “Courts of Last Resort (Oklahoma Department of Libraries, n.d.). The Supreme Court assigns cases to the Civil Court of Appeals. The Supreme Court handles a variety of cases which include, appeal by right civil, permission and exclusive original proceeding cases (Courts, 2010). The Supreme Court is also responsible for administration of the entire state’s judicial system. The Court of Criminal Appeals handles exclusive appeal by right and permission for criminal and juvenile. This court also handles exclusive death penalty cases and original proceeding application for writ. Then in the Intermediate Appellate Court, reporting to the Supreme Court you have the Court of Civil Appeals which has four divisions and twelve judges residing in three judge panels (Courts, 2010). The Court of Civil Appeals are split with two in Oklahoma City and two in Tulsa. This court system is responsible for a large portion of the appellate decisions which are passed through the Courts of Last Resort for publication (Oklahoma Department of Libraries, n.d.). Next is the Courts of General Jurisdiction, which are the 77 Oklahoma District Courts. The 77 courts are broken...
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...Outline the criminal courts and appeal system. (10 marks) The courts of first instance in the criminal court hierarchy are the Magistrates’ Court and the Crown Court. The Magistrates’ Court conducts trials of both summary and either-way offences that are to be tried summarily, such as theft, while the Crown Court deals exclusively with serious criminal cases, trying indictable offences such as murder, or either-way offences which are to be tried on indictment, such as theft. In the event that a party to a case wishes to appeal against the conviction or sentence awarded by the Magistrates’ Court, the case is then heard on appeal by the Crown Court. Cases can also be heard on appeal from the Magistrates’ Court by the High Court (Queen’s Bench Division) by way of case stated on point of law. Cases heard in either the High Court or Crown Court are all heard on appeal at first by the Court of Appeal (Criminal Division) and then to the Supreme Court, which is the final court of appeal available. Appeals from the Crown Court, which are heard by the Court of Appeal, can be due to several grounds, including misdirection of law or facts and jury irregularity. The Court of Appeal has the power to quash convictions or even order a new trial. Each criminal case is sent to the Magistrates’ Court at first, for either bail hearings to be conducted or plea entry hearings. Where the offence charged is an indictable offence, a Magistrates’ Court will conduct sending for trial hearings...
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