...A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends...
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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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...system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting...
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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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...Federal and State Court Structures and Jurisdiction The federal courts and state courts differ in the structure, jurisdiction, and types of cases brought into the court. The basis of the Constitutional Law from an official document delineates powers for the federal law and state law that define the Federal Judicial System which derived from the U.S. Constitution, while the State Constitutional Law originated from the individual state Constitutions. The federal courts, the guardians of the Constitution, protect the rights and liberties of the Constitution. The federal courts interpret the law and apply the law to resolve disputes (U.S. Courts, 2002). Federal authority covers laws linked to patents, labor issues, pensions, and profit sharing. The state authority covers business association, contracts and trade secrets. Concurrent authority manages tax law, security law, and employment law (American Legal System, 2004). The Federal Judicial System consists of the United States Supreme Courts, Court of Appeals, District Courts, and Bankruptcy Courts. The federal judges once appointed remain there for life, except when congress observes treasons, bribery, or other high crimes and misdemeanors and has the judge removed from office through impeachment. The Supreme Court comprised of the Chief Justice of the United States and eight Associate Justices listen to a limited amount of cases the court has been asked to decide. The Court of Appeals consists of ninety-four judicial districts...
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...Criminal Law Jordan Miller CJA 354 September 24, 2012 Kristin Mildenberger Criminal Law Former Chief Justice and President of the United States from 1909 to 1913, William Howard Taft once stated “Presidents come and go, but the Supreme Court goes on forever.” That statement currently remains to hold true. The first Supreme Court was called to assemble on February 1, 1790, at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently has one Chief Justice and eight Associate Justices and is the highest judicial body in the United States. In the 2009 case of the Supreme Court vs. Joel Tenenbaum, the Recording Industry Association of America (RIAA) sued former Boston University student Joel Tenenbaum for file sharing 30 songs he illegally downloaded from the Internet. According to Bloomberg (2012): The court, without comment, refused to hear Tenenbaums challenge to a law that let the recording industry collect thousands of dollars from individuals for such downloading. The jury was told to impose damages, set by US copyright law, of between $750 and $150,000 per violation. Jurors set a rate of $22,500 for each of 30 songs he downloaded. (para. 2) A jury subsequently ordered Tenenbaum to pay $675,000 in fines directly associated with each of the 30 illegally downloaded and shared songs. "I find it hard to believe that the legal system would uphold a six-figure sum against someone just for downloading music," Tenenbaum...
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...Law Opinion CJA/224 June 6, State and Federal Court System There are two kinds of courts within the United States; those courts are state and federal courts. The establishments of state and federal courts are local and state courts are established by the state. Federal courts are established by the U. S. Constitution. This established court decides arguments that involve the constitutional laws. State courts have a broaden jurisdiction, those cases are most likely to involve robberies, traffic violations and family disputes and those cases are normally held in state court. The Constitution of the United States (U.S.) has established a system in which the federal government will have limited power and all remaining power will be the decision states. This is proof of powers being shared that defines an interaction among the federal and state courts (Fine). The U.S. judicial system composed multiple autonomous courts, an integrated system that is worked into various geographic units and levels of hierarchy. With that on mind every state will have a court system with systems of local courts that will abide within the state. According to (Fine) both federal and state court structures will have the U.S. Supreme Court as the final arbiter of federal law, as the highest court of every state is called the Supreme Court; and the Supreme Court will have the power to interpret the matters of the law of that state. The criminal laws of the U.S. are a sound productivity of...
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...The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law or enforce law but rather interprets law and applies it to the facts of each case. Judicial system of the Republic of Kazakhstan consists of the Supreme Court and local courts established in accordance with the Constitution of the Republic of Kazakhstan and Constitutional Law. To local courts refer: 1. region and equal level courts (city court of the capital of the republic, city courts of republican level cities, specialized court – Military court of the Republic of Kazakhstan and others); 2. district and equal level courts (city, inter district, specialized court - military court of garrison and others). In the Republic of Kazakhstan there can be created specialized courts: military, economic, administrative, juvenile and others. The unity of legal system of the Republic of Kazakhstan is provided by: • general and single principles of justice, established by the Constitution and the Constitution law, procedural and other laws; • implementation of legal power in single forms of legal proceedings, established by the laws; • applying of existing legislation of Kazakhstan by all courts; • legislative support of single status of judges; • obligatory fulfillment...
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...Topic 1: The Legal System TABLE OF CONTENTS | | | |Introduction |1 | | | | |The Local Court |2 | | | | |The District Court |4 | | | | |The Supreme Court |6 | | | | |Alternative Dispute Resolutions |7 | | | ...
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...the Dallas County Criminal Court. Johnson appealed, lost in the Texas Court of Appeals, Fifth District, but eventually his conviction was overturned by the highest court in the state, the Texas Court of Criminal Appeals; upon a final appeal, made by the state, the case made its way to the United States Supreme Court. Though the burning of an American flag is frowned upon for obvious reasons, it is difficult to fathom a person being arrested and imprisoned for an expressive act typically protected by the First Amendment which is why this case made it to the U.S. Supreme Court. The statute in question in this case is 42.09(a)(3) of the Texas Penal Code (1989) which states that “A person commits an offense [of desecration of a venerated object] if he intentionally or knowingly desecrates a state or national flag.” This statute makes it a criminal offense to intentionally disrespect an American flag or any other state or national flags. This statute, like all statutory law, was created by the legislative branch of government. Mr. Johnson eventually won on appeal in the highest court in the state, the Texas Court of Criminal Appeals. Prior to his win, Johnson’s initial appeal was denied by a lower court, the Texas Court of Appeals, Fifth District. The Fifth District court agreed with the lowest court, the Dallas County Criminal Court, which convicted Johnson. The citation for the U.S. Supreme Court’s decision is Texas v. Johnson, 491 U.S. 397 (1989). The Supreme Court’s decision in...
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...interpret and protect the law. Judiciary acts like a guardian for our Constitution in our court system. Within the boundaries of each state and coexisting with state courts are numerous federal district and appellate courts that function independently. It may seem overwhelming and baffling to consider what legal matter may be decided in which forum. But for the most part, federal and state courts have their own separate purpose and part in applying the laws before it and administering justice to all. Federal Judiciary The...
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...Page 1 Unit 1- Individual project Isabel Hernandez CRJS101 July 26th 2013 Guillermo Samudio Page 2 The local law enforcement agencies main purpose is to provide patrol, uphold the laws of the jurisdiction and to investigate local crimes. The local law enforcement includes differing agencies like the municipal (local police departments), county (local sheriff department), regional and tribal (local reservation police department) police that get there authority from the local government. The state law enforcement agencies main purpose is to do highway patrol and state wide investigations. State police aid the local police department with emergencies and investigations that are beyond the jurisdiction and resource boundaries of the local departments. Federal law enforcement agencies key role in place is to work with certain types of crimes. The FBI, the US marshals and Border Patrol are a few of the main agencies. FBI has eight major investigations. Counterterrorism (a prevention of terrorism by military or political actions), public corruption (the usage of public office for private gain), civil rights (citizens rights to social freedom, political and equality), counterintelligence (preventing sabotage, spying, intelligence gather by a foreign country or enemy), organized crime (illegal actions committed by groups or organizations of criminals such an example are mafia or gangs), major theft/violent crimes (Violent Crime include Bank Robbery, Gangs, Kidnapping, Murder...
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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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...Supreme Court Case Jamie Wallace CJA/354 August 5, 2012 Graham Quisenberry The Supreme Court case I chose for my assignment is titled “Supreme Court mostly rejects Arizona immigration law; gov says ‘heart’ remains.” Immigration is a controversial area for society and the law in United States, even more so after the terrorist attacks in 2001. The state of Arizona in April 2010 implemented laws that would crack down on immigration violators to protect the citizens of Arizona and the citizens of the United States. The summary of what this article covers is the U.S. Supreme court struck down key portions of a law that was enacted by the state of Arizona in April 2010. According to the Cohen (2012) website Arizona sought to deter illegal immigration that allows a provision to check a person’s immigration status while still enforcing other laws. The ruling behind the Supreme Court’s decision is that the federal government has the power that can block any law and all of Arizona’s authority figures must comply with the federal law when conducting any immigration status checks or they may face challenges considered to be unconstitutional. What interested me the most about the article is the controversy that surrounds this subject. Racial profiling is a controversial subject that brings much debate with it. When one looks at the law and what law enforcement officers do as part of their duty, at times there is racial profiling that will take place...
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...defend himself in a Florida court because the judge in the case refused to appoint him a free lawyer because Florida law says they only appoint lawyers for poor defendants charged with capital offenses. The jury found Gideon guilty and was charged in Florida state court with a felony and sentenced five years in prison. Gideon wrote to the Florida Supreme Court and they denied his petition. Then he...
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