... 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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...Q1: The federal bureaucracy is organized into different government organizations, and is typically staffed with individuals elected or appointed to specific positions. There are four main departments within the federal bureaucratic system. These include cabinet departments, independent executive agencies, independent regulatory agencies, and government organizations, such as the United States Postal Service and the Federal Deposit Insurance Corporation, also known as the FDIC. In order to gain employment in the federal bureaucratic system, there are two routes a candidate can utilize in order to gain employment. The first autocratic route is political appointment. In order to gain employment through political appointment, a candidate must be selected for top government positions by the President of the United States. The second bureaucratic route is becoming a civil servant. Civil servants make up the majority of the bureaucracy because it does not involve appointment, only passing a series of hiring processes. In order to become a civil servant, an applicant must complete an application for employment. After an application is made, an applicant must submit to a federal background check. Applicants are then chosen for civil service positions based on their experience and the status of their background check. Once an individual is part of the federal bureaucracy, promotions are based on merit. Merit based promotions replaced the spoils system for promoting employees...
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...the U.S Court Systems CJA/490 University of Phoenix When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law. In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The 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.' As a result of the Constitution and the forming of the Federal Court, the powers were divided between the state and central government. There are fifty-one separate systems of courts, one for each state and another for the federal government. Hence the term “dual court system”. The federal court system includes: the U.S. Supreme Court; the U.S. courts of appeal; the U.S. district court; and courts of special jurisdiction. The U.S. Supreme Court, established in 1789, is the highest judicial body and final court of appeal in the United States. Its nine members include one chief justice and eight associate justices who are appointed by the president and confirmed by the Senate. The Supreme Court is responsible...
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...INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the two different systems came, and how the systems relate to today. Two branches are equally important, and the following is going to mention about how both the State and Federal Courts interact with one another. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. At the first level of the courts, which is called a magistrate (Schmalleger, 2009)? The head of the colony is the person who decides who fills this position. Following was the majority of trial cases. Lastly was the third court level, having a case that the courts appeal, with the head of the state and the members that he had chosen were the ones that heard the case which the Grand Jury was brought in at this time (Carp & Stidham, 2001). As centuries...
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...Running head: Major Court Systems Major Court Systems Shannon Armstrong, John Bridges Jr., Toni Burgess-Dowdell Deborah Camou, Bill Carnegie University of Phoenix CJA-500: Survey of Justice and Security Instructor: Joseph Gutheinz Jr., J.D. January 25, 2010 Major Court Systems Introduction Courts in the United States consist of two systems; the federal courts and state courts. Each state legislature sets up their court system the way they see fit. The different types of courts are district courts, family courts, criminal courts, civil courts, appellate courts, and some states even have traffic courts. The federal government has more authority, yet the federal role tends to have a more narrow approach. The federal court system is more specialized, whereas state courts have to address numerous issues on many different levels. The following is an overview of the various court systems. U.S. Supreme Court “The U.S. Supreme Court is the highest judicial body in the United States” (Federal Judicial Center). Article III §1, of the U.S. Constitution establishes the Supreme Court’s authority. The Constitution does not clearly provide for the authority of judicial review by the Court. “The Court’s authority to review laws and executive actions and determine their constitutionality is an established and accepted precedent” (Federal Judicial Center). The Chief Justice and eight Associate Justices govern the court. These Justices are appointed...
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...United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the English...
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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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...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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...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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...The United States courts and history and its purpose has been a strong order of justice in the nation since the first time it was established. The system was designed to allow the citizens of the United States to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system is composed by several different elements and processes that are at times very complicated. The best way to understand how the system works is to examine the structure and function of the different courts in America. This paper will describe a court and its purpose, define the dual court system and describe the role that early legal codes, the common law, and precedent played in the development of courts. In addition it will also identify the role of courts in criminal justice today. Over time, the court systems have established a sense of regularity or systematic procedures. The court system in the United States has a federal system of government in which power is divided between a central authority and smaller local units of government. The system has a dual system of federal and state courts that are independent of one another. Each state has its own system; the authority of a court to decide a case is called its jurisdiction. The Courts have jurisdiction only within geographical boundaries. This limits a particular city court to try cases that arise outside the city limits, on the same token, courts in one state rarely have jurisdiction over events happening...
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...JUDICIARY I. Intro --Court organization CAN become the focus of political battles. --e.g. There are 12 circuit courts (federal courts of appeals). The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved: The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy? -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental cases in the Northwest, while...
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...It is the same type of system with federal and state laws and rules. This paper will compare and contrast those types of laws. According to Halbert & Halbert (2012) we can identify its (laws) purposes: law both sets behavioral standards and sets up a system for compliance with them. By following this theory business, state, and federal laws monitor all behavior set within an organization. There has to be an understanding of law by learning it, common knowledge, upbringing, and from society as a whole understanding the consequences of its actions. State and Federal courts have very different structures. According to "United States Courts" (2014), " The state court system use the Constitution and laws of each state to establish the state court with the Supreme Court being the highest court, state courts have courts that handle specific matters, if a decision is made and the parties are dissatisfied they may take their case to the Court of Appeals, parties have the option to ask the highest state court to hear the case, only certain cases are eligible for review by U.S. Supreme Court. The Federal Court System invest the judicial power of the United States in the federal court meaning it specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade...
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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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...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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...Dueling 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’...
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