...Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[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.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize states’ rights...
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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...
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...businesses and governments appear ridiculous to line personnel, who are micro-managed to death by institutional guidelines covering the minutes aspects of their work yet see leaders who appear to violate laws governing major phases of their business. This article advances the notion that the "law on the books" - positive law - has become the basic ethic of our business and social culture today. That is, people have come to accept the notion that if they have followed the law on the books in a democratic society, that is probably all that society can and should expect of them. This is the ethic of legal positivism. The remainder of this article is devoted to exploring why positive law has assumed such a dominant ethical position in the United States, examining some situations supporting the thesis that positive law is our basic ethic, discussing possible problems with this notion, and evaluating the likelihood that this...
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...Civil Procedure Outline Chapter 1: An Introduction to American Courts Chapter 2: A Description of the Litigation Process and Sources of Procedural Law Chapter 3: Diversity Jurisdiction in the Federal Courts I. Introduction: II. State Citizenship of Individuals: The Domicile Test 1. Common Law concept of Domicile: a. Residence with the intent to remain “indefinitely.” b. Has been used for several purposes. For example: to determine the power to exercise personal jurisdiction over a person, to grant a divorce, to impose a tax or to determine the persons entitled to inherit property. 2. Losing and gaining a domicile: a person does not lose her old domicile until she acquires a new one, that is, until she hoes to another state wit the intent to reside indefinitely in the new state. (Examples on pg 45-46). 3. Meaning of “indefinite intent: often, courts state that it is enough that the party “intends to make the new state his home and that he has no present intention of going elsewhere [to live].” 4. Alternative formulation of the domicile test: to establish a domicile of choice a person generally must be physically present at the location and intend to make that place his home “for the time at least.” 5. The date for determining diversity: parties must be diverse on the day the complaint is filed, even if the parties were not diverse at the time of the events giving rise to the claim. ...
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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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...COMPARING COURTS Cyndi Zimmerman CJS/220 5/15/2013 JACK BREIDEN COMPARING COURTS You may think that court laws are all the same; in some cases you are right. In Pennsylvania the court systems are very different of the federal system. State courts State courts and federal courts deal with the same outcome; some order of justice. Whether it is on a state level or a federal level they are looking for the same outcome, to get to the bottom of a problem and fix it. State and Federal court laws are both made up of different levels. A state court system is made up of Minor Courts(non- jury criminal and civil cases), Court of Common Pleas(appeals from minor courts and family court), Superior Court(appeals from family court and civil courts), Commonwealth Courts(civil action against common wealth), and Supreme Courts(Requests for Discretionary Appeals from the Commonwealth Court and Superior Court). Federal courts are made up of (United States) Supreme Court are cases about the constitutional law, Court of Appeals are cases about specialty cases that involve international trade and federal claims, District Court can hear all federal cases criminal or minor cases. Bankruptcy cases can be filed here, Bankruptcy Court only bankruptcy cases are filed here. Court of Special Jurisdiction is for the military cases. State laws are only effect the state in which the laws are made and broken. Each state has a different system in which they run the law. Federal laws are effect for...
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...Court History and Purpose Leonard Navarro CJA/224 March 11, 2013 Greg Dorfman Court History and Purpose The American court system has become a strong organized machine. There are two types of court systems in the United States of America. The two court systems are the state courts and the federal courts. These two systems are known as the dual-court systems. The dual-court system is the result of an agreement that was made between our nation’s founders about the need for individual states to keep significant legislative authority separate from federal control. “One of the most important, most interesting, and, possibly, most confusing features of the judiciary in the United States is the dual court system; that is, each level of government (state and national) has its own set of courts”. (IIP Digital, 2013) Prior to the adoption of the Constitution, the United States was governed by the Articles of Confederation. The dual-court system divided the court systems into two separate divisions. The two systems are the state court system and the federal court system. Under this new idea of two separate systems, this developed a loose federation of semi-independent provinces. This meant that new states that wanted to join the union were assured of limited federal intervention in local affairs. This allowed state legislature to create laws. This required the state court systems to hear cases that laws were violated in to be heard. The structure of the court systems...
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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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...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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...Law State Constitution – LAWS 2501 T – Course Paper Topics Each of these three essay topics is intended to enhance your understanding of an aspect of this course. You are to select one topic below and write an essay on the topic- note: unless approved by me in writing papers on other topics will not receive a passing grade. You are expected to research and make sense of the topics independently; I won’t be able to answer “am I on the right track?” types of questions, or to comment on any drafts before your final copy is due on, or before, midnight November 25, 2013. Despite the foregoing, I am available for consultation on your paper, please contact me if you need assistance. Make sure you address the various aspects of the topic necessary to answering the question. You must independently assess how much space to devote to each aspect, depending on the importance it appears to have in the context of the question as a whole. The body of the paper’s text is strictly limited to between 10 and 12 double spaced pages. It is to be written in 12 point font, and include a title page, page numbers, footnotes, bibliography and citations following the Canadian Guide to Uniform Legal Citation (McGill Guide) format.Please note that overdue essays without valid excuse (e.g. death in the family, illness, injury) will be penalized 4% for each calendar beyond the deadline. Any paper more than seven (7) days late will automatically receive a failing grade. Essay Topic #1 On September...
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...June 1, 2014 Discuss one real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components: whether there is jurisdiction over the person, whether there is jurisdiction over the subject matter, and whether there is jurisdiction to render the particular judgment sought. Also there are different courts that have jurisdiction depending on the case. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by their specific state laws. Federal courts have limited jurisdiction in that they can only hear cases that fall both within the scope defined by the United States Constitution. The criminal case I choose for this is the Boston Marathon bombing case against which Dzhokhar Tsarnaev killed three people and injured more than 260 during the Boston marathon on April 15, 2013 when he detonated a bomb close to the finish line (Valencia, 2014). In regards to jurisdiction and due to the seriousness and nature of the crimes, Dzhokhar Tsarnaev was charged in the federal court system rather than in the Massachusetts state courts. Dzhokhar Tsarnaev was charged with 30 counts including charges of conspiring to use a weapon...
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...300-word response comparing the court system of the state 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. I live in the state of Florida in the court system is so different from the federal system. I think that Florida is a strict state when it comes to certain crimes that are committed and the court system gets involved. In Florida the structure of the state court is setup in 20 judicial circuits which there is a state attorney that represents the state in the prosecution of state law violations in either county or circuit courts. In Florida the highest court system which would be the court the Supreme Court for the state is located in Tallahassee and there is also a District Court of Appeals. There is five districts which they are located in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach. Cases are reviewed by three judge panels. In with the state court you have the option to ask the highest state court to hear the case. When it comes to a case only certain ones are eligible for review by the US Supreme Court. When you compare the state with federal court system it is basically set up for congress that has the power to establish the 13 US courts of appeals, the 94 US District courts, the US courts of claims and etc. So, if...
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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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...Reardon v. U.S. 947 F.2d 1509 C.A.1 (Mass.),1991. Heard May 8, 1991. (Approx. 19 pages) [pic] Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, § 107(l ), as amended, 42 U.S.C.A. § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed...
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