...Historical Development of the U.S. Court System Denise Willaims CJS/200 The United States has a dual court system that consists of state courts that primarily hear civil and criminal cases related to state laws and federal courts that primarily hear civil and criminal cases related to federal laws. The U.S. Constitution designed the federal and state governments to share power. Both courts were put into place to seek to resolve legal disputes and promote justice whether it be to protect your civil rights or to protect your personal property. The American court system is rated one of the highest in the world in comparison to other countries. It prestigious qualities ranks it higher than almost any other country in the world. The United States seems to hold a higher regard for human life that of our surrounding countries. Most of the crimes in the United States are not crimes that are punishable by death, whereas what the United States considers a misdemeanor, could be punishable by death in another country. In the United States, we also get a fair trial which you are represented by a lawyer who is paid to act in your best interest. In other countries, you may not get a lawyer, or even a trial for the crimes you are accused of committing. Most countries depend upon statutes or written law. It includes laws formally put into play by parliaments or central...
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...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...
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...Court History and Purpose Paper David Kinlock CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner...
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...attending court everyday for different reasons. Those reasons can be for traffic violations, civil law suits, or unlawful criminal acts that are committed. These acts are all handled and disputed in a court of law. The courts are empowered to make fair and blending decisions upon the facts that are provided through out the court hearings. As we know there are two types of courts such as civil court and criminal court and it is very important that we understand the differences between the two. The civil courts handle resolutions between private parties that usually consist of one party suing one another for some type of monetary damages. The criminal courts alleged offenders that are suspected for crimes that they committed and which at times they end in freedom for the offender or and prison cell. The court system is judicial brunch of government which the defendants go before a judge and their peers and to defend their innocence of a crime that they committed. The major role of the court is to settle people’s disputes in a civilized manner. Our court system is divided into four major components which are to uphold the law, protect individuals, resolve disputes, and reinforce social norms. The Untied States court system is run by a dual court system. There are two types of systems that make up the dual court systems and they are the Federal and State. The dual court system refers to the fact that the US has a federal court system and forty separate state court systems. The state...
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...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...
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...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 in...
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...China All the countries in the world don’t have same form of government some work on the belief of their leader and some work on the basis of written constitution For Instance if you compare USA with China both have different system Democratic system of United state of America is strong. Whereas China is Communist which falls under the classification of People Republic United state has a government national organization stand upon 2 thing 1) Separation of Power 2) Federal system US government had a fear that if excess deliberation of power is given in that hand of commen man or in the hand of company it would not be safe for the freedom of the nation, so they revised the organization into 3 branch 1) Legislative 2) Executive 3) Judicial All these power are vested by US system named a Constitution which has 1) President 2) Federal Court 3) Supreme Court which is part of federal court All the power and duties of these 3 branches are clearly explained in act of Congress which also includes formation of department and courts inferior to the Supreme Court All these powers are bifurcated keeping in mind the equality that is it should be balanced with each other which would same the government from criticism of people. US government divided in 2 part the federal and state. Every government has its given fallowing thing 1) Autonomy 2) Power of Legislative 3) Executive 4) Judicial 5) Power of the federal government which is...
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...Week- 3 Case study On Components of Multinational Environment- Bangladesh Submitted by: Niraj Kharel MBA 4th trimester Business Strategy Introduction Bangladesh is emerging as a country capable of producing advanced products like pharmaceuticals, ships and electronics. The world’s eighth largest country in terms of population with approximately 160 million inhabitants will most likely remain heavily dependent on labor-intensive and export-oriented industries for the foreseeable future. However, this is only part of the picture, as an increasing number of companies today look on Bangladesh as a market with growing potential. There are of course still a number of challenges experienced by companies doing business in Bangladesh. Bangladesh has immense potential; people have a positive frame of mind; while the main bottlenecks are to be found in the volatility in the macro & political environment and there are several multinational environmental factors which are discussed below: 1. Government laws, regulation and policies of Bangladesh The government of Bangladesh (GOB) gradually developed seed laws, policies, and regulations for the seed sector that eventually, through various amendments, expanded regulatory oversight over both the private and public sector, and all seed varieties and the governments’ laws, regulation and policies are: * Monetary and Fiscal Policy: The regulation of the money supply and interest rates by a central bank, such as the Central...
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...The primary function of the federal courts is to apply and enforce all federal laws created by Congress. These laws, in the form of statutes or codifi ed law, include a large body of federal criminal laws that range from violations of environmental laws to treason and piracy. (Chapt. 8, p. 12) The federal courts have a second and perhaps even more important function: They are continually called on to test the constitutionality of federal and state legislation and of court decisions. (Ch.8, p.13) At the lowest level of jurisdiction are the federal magistrates, formerly called United States commissioners. The magistrates not only have trial jurisdiction over minor federal offenses, but they also have the important task of issuing warrants of arrest or search warrants to federal law enforcement offi cers, such as agents of the Federal Bureau of Investigation and the Drug Enforcement Administration. Congress expanded the power of the federal magistrates by allowing them to “undertake virtually any task performed by district judges, except for felony trials and sentencing. (Ch.8, p.13) The trial courts in the federal system, called United States district courts , have both civil and criminal jurisdiction. (Ch.8, p.13) An appeal of a conviction in a federal district court is heard by a United States circuit court of appeal . The last handles appeals that originate anywhere in the country when they pertain to such matters as patents and copyrights, some...
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...has made major developments ‘unknown since Nuremberg Tribunal’: norms have been changed, refined or even expanded. Moreover, after the Cold War, institutions have been established and norm-creating judgements passed both domestically and internationally. The setting up of the Yugoslavia and Rwanda Tribunals is an example of such international institutions created. The Pinochet decision is an example of such norm-creating judgements. The adoption of the Rome Statute International Criminal Court, which came into force on 1 July 2002, crystallised all these developments. This day will be a red-letter day in the history of international criminal law. On this day, a permanent international criminal court came into existence. This Court has enjoyed broad and enthusiastic support from governments and non-governmental organisations around the globe. However, not all states were happy about all provisions in the Rome Statute. One major country which refused to ratify this milestone treaty is America; an opposition which many termed as a blow dealt to the effectiveness of the Court. America sees itself as the sole remaining world super power which should be involved in promoting peace all around the world. It is of the conviction that its involvement in peace keeping processes is highly needed if they are to succeed. Scheffer, the former US Ambassador-at-large for War Crimes and Head of the US Delegation to the UN Conference remarked at a Press Conference in 1998 that the US “continues to...
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...legislative and community partners. The Harris County Juvenile Probation Department operates a Leadership Academy, a Detention Center, a secure residential treatment center and a non-secure residential treatment center. ( hcjpd. Org, 2009). The Texas Family Code, Chapter 58 requires that agencies in Texas report juvenile criminal history to the Department of Public Safety in Austin beginning January 1, 1996. The Harris County Juvenile Probation Department is committed to the protection of the public, utilizing intervention strategies that are community-based, family-oriented and least restrictive while emphasizing responsibility and accountability of both parent and child. The department handles a lot of paper work regarding information, court actions and every detail that aids the right handling of juvenile offenders....
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...Hostel Management System Introduction Legal document Management system is a document management system prepared for the local court on pilot project basis. This project will help them to manage all legal cases registered in the court. Purpose The purpose of this document is to specify requirements and to give guidelines for the development of above said project. In particular it gives guidelines on how to prepare the above said project. This document is intended to be a practical guide for people who developing this software. Scope This is of pilot project prepared for the local court. We know each cases take very long time to complete, this delay depends on many factors. The one major factors is documents, when the hearing take place documents need produced in front of the court. This system help them to maintain all documents in order. Goal The main goal is computerize the local court. References Overview This is very useful application for the legal system. Once it serve the purpose all lawyers, advocates and other related people can use this software. Existing System At present all records are typed in typewriter and they are filed. Because of thousands of records searching for the required data is time consuming. Typing using the typewriter leads many problems. For each error they have to make a note and get the signatures. Also system is not pool proof. Proposed System In the proposed system all information will entered to system. All scheduling...
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...Court History and Purpose CJA/224 Court History and Purpose The court system in America has been around since the middle of the 1600’s and has played a crucial role in the development of how things are done when it comes to the criminal justice side. From today’s federal court and our typical state court, these dual court systems came about from a mutual agreement presented from our nation’s founders. In the last 200 years, states’ rights have gradually waned relative to the power of the federal government, but the dual-court system still exists. Even today, state courts do not hear cases involving alleged violations of federal law, nor do federal courts get involved in deciding issues of state law unless there is a conflict between local or state statutes (Schmalleger, p. 311, 2009). The first state court system for the American colonies was established as early as 1629 in Massachusetts. They created what was known by as a general court system. This court was comprised of 118 elected officials, and 18 assistants. This in fact set off a chain reaction and a decade later county courts were developed and the general court took on the role of a higher court. As time progressed, so did the courts. By 1776, all of the American colonies had established fully functional court systems (Schmalleger, p. 313, 2009). In wasn’t until 1789 when congress gathered to discuss a judicial power for the United States. So on March 4th of that same year the Supreme Court was established...
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...I. Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a...
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...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally, two...
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