...Federal Court vs. NC State Court Danielle Paul CJS/220 06/05/13 Reginald Anthony Federal Court vs. NC State Court The NC state court system structure is as follows: the highest court is the Supreme Court, then the Court of Appeals, Superior Court and District Court. The Supreme Court hears mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile and disciplinary cases, as well as discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the executive and legislature. The court of Appeals hears mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original and interlocutory proceeding cases, Superior court hears tort, contract, real property rights, miscellaneous civil cases, exclusive estate, administration agency appeals jurisdiction, felony, misdemeanor and criminal appeals. District Court hears tort, contract, real property rights, small claims, mental health, civil jurisdiction, domestic relations, misdemeanor, DWI/DUI, traffic violations, juvenile jurisdictions and preliminary hearings. The Federal Court system consists of the Supreme Court, being the highest, District Court, and Appellate Courts. The U.S. Supreme Court hears a limited number of cases that usually start in the federal or state courts and are usually concerning questions about the Constitution or federal law. The District Courts are the trail courts of the federal...
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...U.S. District courts are the lowest federal courts. Any federal cases are argued in these courts. They follow Supreme Court decisions. So there is room for misunderstanding. It’s not common for losing parties to appeal. U.S. courts of appeals are the ones that go from district to federal. This court bases their decision on the lower court’s records. There are 13 appeal courts. One of them has jurisdiction over patents and international trade. There are 4-6 judges in each court, but it’s rare for all of them to be there. Each circuit in monitored by a Supreme Court Justice. The Supreme court reviews less than 1 percent of the cases heard by federal appeals courts (389). Special U.S. courts include Claims Courts. Cases where the U.S. Government...
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...something that is deemed important or sacred. (The American Flag) 2. This law was made and passed in the state’s legislative branch. 3. Everyone that was there was probably affected in some way or another. But it started with * Gregory Lee Johnson * Dallas Police Dept. * Dallas County Criminal Court * Texas Court of Appeals 5th District * Texas Court of Criminal Appeals * State of Texas * United States Supreme Court 4. * Texas Court of Criminal Appeals * Texas Court of Appeals 5th District * Dallas County Criminal Court 5. The United States Supreme Court stated that it was against Gregory Lee Johnsons First Amendment rights of expressive conduct. 6. The statute did not meet the states goal of preventing breaches of peace. Which means a person must intentionally disrupt the public a certain way. (www.legalmatch.com) 7. Case law is a law that is established by judicial decision. Ex. When I went to court to have my child support amount changed, the Child Support Recovery Unit (CSRU) had his amount at $978, however in his bonus from work were included in the figuring of this amount. His lawyer brought other court cases where judges have declined to have that amount in there. So his bonus were taken out and a new amount was determined. Statutory law are laws that are brought before the houses of Congress and then either passed by the President or vetoed. Ex. One example that is in my mind right now that has been in the...
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...Are the Federal Courts too Powerful As the US became a more industrial society, there were increasing calls for government intervention. In the 1900's the view of the courts at that time was a laissez-faire approach, less government intervention. This was shown in Lochner v. New York 1905. The court said New York couldn't regulate working hours of bakers, it was unconstitutional. This laissez-faire approach continued in 1935, Schecter Poultry Corporation v. United States. Another case that showed the courts didn't want government intervention in the economy. The court claimed it was unconstitutional to take a action against the Brooklyn businesses that were selling diseased chickens. This free market stance of the courts came to an end during the tenure of the President T.Roosevelt. He wanted to introduce his programme the New Deal, that was essentially a programme of economic reform after the financial crisis in 1929. This included a tax on agricultural output, however the courts opposed this. This is shown in United States v. Butler 1936. Roosevelt responded in 1937 with a plan to enlarge the court, 'court packing'. This plan would have given him a majority in the court so he could pass his reforms easily. However the court didn't want this and reconsidered his legislation. They approved the 1935 National Labor Relations Act and Washington states minimum wage legislation. As time has gone on, the power the courts has on the governments level of intervention has...
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...The creation of the federal court system has been compounded from the time of its creation in the United States Constitution (Neubauer and Fradella, 2009). The debate over the powers and the level of influence that the Federal Court System holds has been formed on the lines of the federal powers verses states powers and each of their supporters over time. The first court created at the federal level was the Supreme Court. The Supreme Court was established as the highest court in the land that would have to hear a trial case involving issues between the United States Government and states, two or more different states, treaties, and constitutional issues (Neubaruer and Fradella, 2009). The Supreme Court would also pick appeal cases that it would hear that concerns legal matters and problems of the day that it deems necessary to evaluate. These last cases must meet the rule of four set by the members of the Supreme Court meaning that at least four judges out of the nine on the Supreme Court must agree to hear the case in question....
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...DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 2 Differences Between the State and Federal Court Systems Both the state government and federal government have their own separate court systems. They select their judges differently, hear different types of cases, and are structured a bit differently as well. The states use different types of ways to select their judges for their courts. In some states, voters get to vote for their judges during elections. In other states, the governor appoints their judges. Each state indicates the number of years that the judges will serve. In the case for federal judges, they are elected differently. The President of the United States nominates the judges and then the Senate confirms each nomination. Typically, federal judges hold office for lifetime, unless they are impeached. Judges can be impeached for misconduct and have to go through Congressional impeachment proceedings. Different types of cases are heard in state and federal courts. In the state courts, typically, criminal cases, contract cases, family matters, etc. are heard. In the federal courts, cases that are heard are those that involve violation of laws of the United States, public ministers, bankruptcy, disputes between two different states, etc. Depending on each case, the case will be heard upon the state court or the federal courts. This is due to the different laws each state has. For example, Illinois’ laws are different from...
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...Federal prosecution is in federal court, under federal law, which is conducted by the U.S Department of Justice; the federal government employs the judge and prosecutor. The justice department also represents the US government in all legal matters and at times it provides legal advice to agencies. This system is built by a combination of both, civil service officials and appointed politicians. In federal prosecution, there are three important entities; the solicitor general, the criminal division, and U.S. attorneys. The U.S Solicitor General is the third highest ranking in the justice system. Their task is to represent the executive branch, as well as supervise and conduct government litigation in the U.S Supreme Court. With respect to the...
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...Introduction “Justiciability” issues are unique to the United States federal courts. These elements are threshold standards, failure to meet them will lead to dismissal. Therefore, it is crucial that potential parties are aware of the multitude of doctrines associated with justiciability concerns. Justiciability “roughly signifies that litigation is in a form appropriate for adjudication in federal court.” If a plaintiff fails to meet these standards they will not have their case heard in federal court. However, mere awareness is not enough to fully understand the nuances correlated with each doctrine. Additionally, a thorough study shows the necessity of a unified approach. An attorney in federal court must keep in mind that any justiciability analysis cannot take place in one specified doctrine. Instead, because of the Court’s treatment of the subject matter, all the doctrines must be considered. Issues of justiciability can blend together depending on the facts of the case and issue at hand....
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... 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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...The Federal Government in the United States is divided into three branches, Legislative; Congress, Executive; President and Judicial; The Supreme Court. The Supreme Court therefore forms part of the Federal Government. The Federal Government played a significant part to change the status of African Americans from 1945 to 1968 in the sense that the Presidents during this period; Truman, Eisenhower, Kennedy and Johnson all started to become more involved in improving Civil Rights for Black Americans and passing acts. Eisenhower passed the Civil rights Act of 1957, Johnson passed the Civil Rights Act of 1964 and there were others which showed African Americans that progress was being made. The Presidents clearly initiated a change in America making sure de jure became de facto. However, there were many flaws in the work of the Federal Government and there were other factors which changed the status for African Americans such as the impact of the Second World War and the actions of the NAACP. President Harry Truman (1945-1953), established a liberal civil rights committee to investigate the violence against blacks. A report was produced called “To Secure These Rights” which underlined the problems that African Americans faced during this period. It said that the USA could not claim to lead the free world if Blacks were not equal. This proved that the Federal Government did play a part in changing the status for Black Americans as a previously racist President was motivated to change...
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...to citizen. A jurisdiction gives courts the power to hear and decide the cases within their jurisdiction. There are 52 court systems in the United States, one for each state, a federal system and one for the District of Columbia. An example of jurisdiction is Personam, Rem and Subject Matter. A. Personam and Rem - Personam jurisdiction is decided upon the defendant’s location, residency and based on their activities. Rem jurisdiction is built around property inside the state. B. Subject Matter - Subject-matter...
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...Former Chairman of the Senate Judicial Committee, Patrick Leahy, states, “Americans are being denied their day in court or the power to bring their claims in a class action because of contractual clauses, they have no choice but to accept.” (Jost, 2016, p.1) This type of contract is an adhesion contract. Consumers can either agree or disagree with the terms, but the terms are non-negotiable. Cell phone providers, credit card companies, as well as employee contracts have similar terms in their consumer contracts. Corporations are less accountable for their wrongdoings in adhesion contracts because the consumer waives their right to sue. Although an issue may be severe to the consumer, their only choice is to resolve it through arbitration....
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...Court History and Purpose Leon White CJA/224 January 6, 2015 David Hernandez Court History and purpose The American court system is a vital part of the criminal justice system. Courts are part of the judicial branch and serves as an instrument of social control. A court must have proper legal authority and are entrusted to make decisions that are binding within the adjudication process. The court system has the task of punishing wrongdoers who commit heinous crimes against society. The courts also have the job of determining which behaviors may or may not be acceptable as well as which sanction to hand down and the severity of the sanction as well as settling disputes in civil case. The U.S. operates on a dual-court system, which consist of a federal branch and a state branch. Each branch operates under it own jurisdiction but work towards a common goal. U.S. District Courts The U.S. district courts are described as federal trial courts, and serves as an entry point into the federal judicial system. This is where federal civil cases are decided and where individuals who are charged with violations of federal laws are put on trial. According the Schmelleger “The district courts are the workhorses in the federal system. As we have indicated, they are the trial courts where most disputes are resolved.”(Schmelleger, 2011) As of today there are 94 district courts a majority of federal cases held and resolved at the district level. However, only a small percentage...
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...Court History and Purpose Leon White CJA/224 January 6, 2015 David Hernandez Court History and purpose The American court system is a vital part of the criminal justice system. Courts are part of the judicial branch and serves as an instrument of social control. A court must have proper legal authority and are entrusted to make decisions that are binding within the adjudication process. The court system has the task of punishing wrongdoers who commit heinous crimes against society. The courts also have the job of determining which behaviors may or may not be acceptable as well as which sanction to hand down and the severity of the sanction as well as settling disputes in civil case. The U.S. operates on a dual-court system, which consist of a federal branch and a state branch. Each branch operates under it own jurisdiction but work towards a common goal. U.S. District Courts The U.S. district courts are described as federal trial courts, and serves as an entry point into the federal judicial system. This is where federal civil cases are decided and where individuals who are charged with violations of federal laws are put on trial. According the Schmelleger “The district courts are the workhorses in the federal system. As we have indicated, they are the trial courts where most disputes are resolved.”(Schmelleger, 2011) As of today there are 94 district courts a majority of federal cases held and resolved at the district level. However, only a small percentage...
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...Economic or personal stake to be heard – statutory law? Law passed by a town or a county – ordinance Chapter 2 Over 75,000 dollars in federal court – in rem? Federal courts hear involving federal questions or as a matter of fairness from the fairness called diversity cases requirement of over 75,000 dollars Venue – where they hold the court as oppose A contact clause that chooses where a case will be heard – form selection Interrogatory – used in court, give the other party a list of questions and they have 30 or 45 days to answer it. Deposition – usually have a court reporter to write things down Material breach is a breach that allows you to cancel a contract Material fact is likely to affect the outcome Arbitration vs mediation Mediation is not mandatory to follow and arbitration is binding Chapter 6 Court requires or element is publication – slander,or defemation and liable (broadcast) May be allowing your dog to pee on someone elses property –tresspass Accountants generally do not have For a newspaper to be liabable for a libable What in this country makes it harder to sue a newspaper we have to show malice to get past summary judgement motion A longterm trespass of personal property can lead to conversion Conversion- treating things like it is your own evne though it is not Transferred intent – you missed a person you were trying to hit and u accidently hit the teacher but still had the intent to someone else Chapter 8 Intellectual property conducted...
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