...COURT COMPARISON AND CONTRAST PAPER 1 Court Comparison and Contrast Paper 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...
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...The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System Cassandra Jones PA101 Kaplan University Instructor: Emily Ryan The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System In this paper I will be writing about the organization of the U. S court system. The jurisdiction limits of the federal courts and their requirements for filing in that jurisdiction. I will also talk about the Ohio federal and state court systems and the similarities and differences of how they do their jurisdiction. The U.S court system is made up of two different types of court systems; the federal and state court. The federal court is also made up of two different types of systems as well. The first federal court is Article III court and the second is the Article I court (United State Courts, 2010). The Article III court got their name because as stated by the U.S courts “they derive their power from Article III of the Constitution” (United State Courts, 2010). The Article III courts are as followed the U.S District Court, the U.S Circuit Court of Appeal, and the U.S court of International Trade. These court systems judges are appointed by the President of the U.S with advice and consent of the senate and hold office during good behavior(United States Courts, 2010). There are ninety-four districts in the U.S for the U.S District...
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...separate state court systems and an extra court system for the District of Columbia, yet there is only one federal court system. I live in the state of Maryland. The court system of the state of Maryland shares similarities with the federal court system, yet, the systems are different. Each court system has its own structure. There is a difference in the source of laws. Also, the types of cases that are heard in the court system of Maryland are dissimilar than what is heard in the federal court system. The federal court system and the state of Maryland’s court system are each made up of three levels of courts. The federal court setup is made up of the following: the district courts, the U.S. Court of Appeals, and the United States Supreme Court. The state of Maryland’s court system consists of appellate courts, circuit courts, and district courts. The courts are similar when it comes to the structure of the systems. The sources of laws for the federal court system and the state of Maryland’s court system are different. The federal court system’s sources of laws are the U.S. Constitution, the Code of Federal Regulations, the United States Code, and laws enacted by Congress or executive agencies. The Maryland Annotated Code and laws enacted by state and local governments are Maryland’s source of laws. Federal courts conduct trials for federal crimes including the following: treason, mail fraud, counterfeiting, etc. Also, the federal courts hear felonies...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...about to 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...
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...Court Comparison Contrast Paper CJA/224 Introduction to Criminal Court Systems Court Comparison Contrast Paper During the course of reading this paper you will be introduced to the difference between trial court and appellate court. For example in trial courts there is actually only one judge within the room, he basically decides what can and can’t be used as evidence within the courtroom. In appellate courts there are five groups of three judges who basically divide’s the cases between them. You will also be to understand the difference between federal and state courts, for instance federal courts simply tend to handle cases such as illegal weapons and drugs that tend to cross our state lines, and state courts basically handle cases that deal’s the juvenile and family cases. After reading this paper will not only be able to understand when and where an appeal begins and ends, but you should also be able to fully understand the functions that between trial and appellate courts. State Court Each state has its own system of justice that oversees court cases. The judicial system that they employ will oversee a majority of the criminal cases that are presented. There are many levels of trial courts with at least one appellate court that states will have. The majority of states will have courts of general jurisdiction, which will hear major offenses like felonies. Courts of limited jurisdiction which will hear minor offenses. Some states...
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...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...
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...The Similarities and Differences between American Federalism and Indian Federalism Being the largest democratic countries in the world, both United States and India are based on federalism in their political structure. US became a Federal Republic State by promulgating its constitution in the year1789; whereas India became a Socialist, Sovereign, Secular, Democratic Republic by formally launching its constitution only in the year 1950.Thereby both countries had attained dominion status in which a number of smaller states had got affiliated forming a union with a strong central government that came to be called as Federal Government in the US and Central Government in India. Thus both states became Federal Republics. While framing the Indian constitution, its drafting committee headed by Dr.Ambedkar, had borrowed many salient features from various constitutions in the world including US but adopted them in the Indian context. Hence, both U.S and India, despite being federal in structure have many similarities and differences between them. Similarities between US and India:- 1) Written constitution:- Both US and India have a written constitution based on which the federal political structure has been set up and both federal governments are functioning.Both constitutions have provisions for amending the constitution to meet the growing socio, political and economic needs and demands of their respective countries. 2) Bill of Rights and Fundamental Rights:- ...
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...the state court system in which you live and the federal court system. If you are not a resident of the United States, choose any state’s court system to compare with the federal court system. Compare these two systems by structure, source of laws, and the types of cases that are heard. State courts derive their jurisdiction from local, municipal, and state laws and the constitution of the state. Federal courts derive their jurisdiction from Federal Statutes, and the Federal Constitution. Federal Courts in other words handle Federal matters. These include, but are not limited to, suits between one state or municipality and another; suits between two parties residing in two different states, bankruptcy, suits where the United States is either the Plaintiff or the Defendant, and suits that are brought because a specific federal statute creates a cause of action in federal court. An example of this would be a case under the Americans With Disabilities Act, or the Perishable Agricultural Commodities Act. Structurally the two types of courts have more in common than they have differences. Each case starts out in a "court of original jurisdiction". This is the lowest court able to hear that case in that system. For example, small claims court only handles cases that are less than a certain amount, say for example $5000. So small claims is the court of original jurisdiction for claims under that size. With a larger claim, the court of original jurisdiction is the next court up...
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...Federal vs. State Policy Comparison Yadira Garcia Rodriguez Federal vs. States Policy Comparison In this assignment, I will be comparing and contrasting the differences and similarities of the federal and state government as it pertains to their role in the implementation of criminal justice policy, also I will address all aspects of policy development and implementation. A public policy is the body of principles that underpin the operation of legal systems in each state, also I will discuss each of the policies and how they are similar and how they are different. Federal and State policies are made to help keep our Country running smoothly. If there were no policies then keeping our Country safe would be a hard task. Policies are principles that are set to help make our Country operate on a daily bases. I like to think of it as rules that are set to keep our Country safe, because if there were no rules then everyone would be doing their own thing which could cause for a much disorganized situation and a chaos society. What is the definition of federal government? (A government with strong central powers According to "The Free Dictionary” (2012).When it comes to the federal government, their powers also control and pay the debt within this country. They also are the ones that created the rules and walls for immigration. They establish the punishment for those who create counterfeiting crimes. They also provide the fix in the...
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...Federal versus State Policy Comparison Johnny Mc Loud-Hoover CJA 463 Federal versus State Policy Comparison The Federal government does not play as big of a role in decisions as the state government does, but they are just as important in the criminal of justice system. This is because the state courts tend to do the most sentencing while the Federal courts are used to deal with Federal cases. However, the Federal can oversee the State and even change or set rules in which the state must go by in future cases. The government’s role is to be as supportive such as in providing funding to the states to aid in activities pertaining to the criminal justice process and which warrant national attention (federalism, 2008). This has led to some noted differences in the criminal justice policy between the federal as well as the state governments. This paper therefore seeks to analyze the apparent similarities and differences in the development and implementation of the criminal justice policy within these governments. DEVELOPMENT OF CRIMINAL JUSTICE POLICY Generally, the federal government has a significant role in the formulation of various policies within the states but such these policies are never a requirement for the individual states. The policies centering on criminal justice are considered to be a local matter and are largely determined by individual states. Thus the formulation of criminal and other policies at the state level will depend on...
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...the U.S. courts began in the colonial days. Since then the American courts have taken their own path, and have evolved in order to better suit the social needs of today’s America. Presently, there are two judicial systems. The first one is the state and local courts established under the authority of state governments. The second is the Federal courts system created by Congress under the authority of the U.S. Constitution. Development of the American Courts The origins and foundations of American courts like other social, legal and cultural habits in America descended from Great Britain. The court system in American colonies resolved civil and criminal disputes. However, the court systems within each colony were not exactly the same. The Massachusetts Bay Colony had a General Court that created laws, conducted trials and imposed sentences. Later, county courts were created and the General Court was used for appeal hearings and for some cases that involved serious crimes. The colony in Pennsylvania allowed offenders to be their own lawyers and to plead their cases to a justice of the peace. Ultimately all American colonies had functioning court systems but they were not uniform. After the American Revolution, colonial court systems became state courts; and like colonial court systems, state courts were not uniform. Appellate jurisdiction which is the lawful authority of a court to review a decision made by a lower court existed however, there were some states that did not...
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...Role and Function of Law University of Phoenix ETH/321 Role and Function of Law Laws are normally a structure of rules that are imposed through social institutions with the attempt of governing the behaviors of individuals, companies or states. They are developed by the executive (through regulations and decrees), legislatures through legislation or by judges through binding precedents. On the other hand, a court is tribunal that has the mandate of passing legal judgments between various disputing parties, and ensuring the administration of justice in criminal, administrative and civil issues in accordance with the rule of law. Both laws and courts have vital roles all other sectors of given nation including political and economic sectors. This paper compares the roles of laws and the courts in the contemporary business environments, the similarities and differences of federal and Michigan’s state court structure, an analysis of judicial review concept and how laws affect the auto industry. Roles of laws and courts in the contemporary business environments Laws enhance economic growth by allowing free competition among businesses that exists in a given state. These provisions of free competition sensitize businesses adopt necessary competing strategies such as producing high-quality products or services. The law protects businesses from unfair competition through inspecting the quality of most produced products, and regulating their market prices. Laws also define ways...
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...Laurie Wicker The Role and Functions of Law Michigan Court Structure vs Federal Court State courts are established by a state and Federal courts are established under the US constitution, they are defined mainly by jurisdiction. The court structures in the state of Michigan and the Federal Courts structure are almost the same. The Supreme Court is the highest for both the state and Federal Courts, and right below that is the court of appeals. Next is where the difference begins, the state of Michigan lower courts consist District Court, Probate Court and Municipal Court -if a case in one of these courts leads to a jury trial it is the moved to a higher court, which is the Circuit Court (Court Statistics Project). Then there is the Court of Claims which is the same level as the Circuit Court, the only difference is that the Court of Claims do not handle jury trials. In the Federal Courts right below the Court of Appeal is the U.S. District Courts (i.e. Bankruptcy Courts, U.S. Court of International Trade, U.S. Court of Federal Claims) and then Military Courts (American Government, 2008-2014). Judicial Review The concept of judicial review is to decide whether actions of the executive and legislative branch are legal under the Constitution. Judicial review is important in the US government because it serves as a check on the other branches of government. The Supreme Court also has used judicial review to order federal, state, and local officials to refrain from behaving unconstitutionally...
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...2018 State vs Federal Judiciary Judiciary is one of three branches of government; the other two are the Executive and Legislative branches. The purpose of judiciary is to 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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