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 a supreme court. Only eight states have a two-tiered system consisting of a trial court and a supreme court. Apart from this general structure, the organization of state courts and their personnel are determined by the laws that created the court system and by the court's own rules.
“State courts are designed to adjudicate civil and criminal cases. At the trial level, there are courts of limited and general jurisdiction. Limited jurisdiction courts, sometimes called inferior courts, handle minor civil cases, such as small claims or conciliation matters, and lesser crimes such as misdemeanors. The persons who judge these cases may be part-time judges, and some states still allow persons not trained in the law to hear these cases. A Justice of the Peace falls within this category and handles typically minor matters such as traffic violations. Courts of general jurisdiction, also known as superior court, handles major civil matters and more serious crimes, called felonies” (“State Courts,” 2010).
Some states have a large number of trial courts. They can include small claims, municipal, county, and district courts. Since the 1980s, some states have simplified their systems, creating a unified trial court that hears all matters of limited and general jurisdiction.
“Intermediate courts of appeal consider routine appeals brought by losing parties in the trial courts below. These are "error correcting" courts, which review the trial court proceedings to determine if the trial made errors in procedure or law that resulted in an incorrect decision. If the court determines that an error was made (and it was not a Harmless Error), it reverses the decision and sends it back to the trial court for another proceeding” (“State Courts,” 2010.) An Appellate Court has the “authority to review decisions made by lower courts, and to hand down new decisions, when appropriate” (Smith.p.1). Not all states are the same in this Nation when it comes to the court system. There are three different types of courts in many states, but some states only have two. The three are Trial Courts, Intermediate Appellate Courts, and Highest State courts.
It starts with the Trial Courts; it is the main courts in the state system. These Courts involve both civil and criminal cases. It also involves one judge along with a jury who in fact, decide the outcome. Records are made of the proceedings, which can be used in an appeal. If appealed the case will be moved to the Intermediate Appellate Courts if the state has this court, if not it would then be moved to the Highest State Courts. If held in the Intermediate Appellate Courts, they will accept any case “except where a defendant in a criminal trial has been found not guilty, who is not satisfied with the judgment of a state trial court may appeal the mater to an appropriate intermediate appellate court” ("State Courts", 2010, p. 5.). These courts however only review alleged errors and mistakes made by the trial court. If ones state does not have an Intermediate Appellate Court, it will then go straight to the highest State Courts, also known as the State Supreme Court. However, the court will only review alleged errors and mistakes made by the trial courts.
Today’s federal court systems have changed substantially from what it was in early history. The federal courts did not exist until after the colonies achieved independence from England at which time they were developed to complement the already existing state level courts (Meyer & Grant (2003)). The federal court scheme was created by the Judiciary Act of 1789 and had a supreme court with six Supreme Court justices and 13 district courts each presided over by one district judge (Meyer & Grant (2003)). The Federal Trial Courts conduct trials for federal crimes, such as treason, and mail fraud (Meyer & Grant (2003)). There are only a few specific federal crimes stated in the U.S. Constitution such as counterfeiting and treason that are mentioned (Meyer & Grant (2003)). There are several sources of federal penal codes in which you can find lists of federal crimes one can be tried for in federal trial courts (Meyer & Grant (2003)). The Code of Federal Regulations (CFR) and the United States Code (USC) are where you can find list of federal crimes (Meyer & Grant (2003)). The Code of Federal Regulations was enacted by executive agencies where as the United States Code was enacted by congress (Meyer & Grant (2003)). The federal trial courts also hear felonies committed on Native American reservations (Meyer & Grant (2003)). The federal trial courts also have jurisdiction over laws relating to navigable waterways (Meyer & Grant (2003)).

Far too many people lack knowledge of their federal court system, believing that it is a forum only to be used and understood by attorneys. However, the federal courts are public institutions, used by millions of citizens each year. Each court of appeals consists of six or more judges, depending on the caseload of the courts. There are 167 judges on the 12 regional courts of appeals.
The United States Court of Appeals for the Federal Circuit and the 12 regional courts of appeals are referred to as circuit courts. The federal courts hear both criminal and civil cases. If a person is disappointed with the decision rendered, the party may have the decision reviewed in one of the courts of appeals. If the person still disappointed with the decision of a court of appeals, the person can seek review in the Supreme Court of the United States; however, the Supreme Court’s primary function is to review cases involving national importance and only accepts a small number of cases each term.
According to the lectric law library, “This pyramid-like organization of the courts serves two purposes. First, the courts of appeals can correct errors that have been made in the decisions of trial courts. Second, the Supreme Court can ensure the uniformity of decisions by reviewing cases in which constitutional issues have been decided, or in which two or more lower courts have reached different results.”
State and Federal Court systems both have many levels, and many different branches, however, they all serve the purpose to uphold the laws written in the State Constitution as well as the United States Constitution. Both sides have an upward chain to follow when a case goes to trial. In both the state and federal court system, the defendant has to right to try to appeal the court’s decision on their trial. Both court systems have requirements that must be met in order to have your case seen in either one of the appellate courts. The overall final say will rest with the federal Supreme Court since there is none higher. Both systems may seem complicated and at the same type, they are eerily similar.

References

Lectric law library. (2010). lectlaw.com. Retrieved from http://www.lectlaw.com

Meyer, J. F., & Grant, D. R. (2003). The court in our criminal justice system. [University of Phoenix Custom Edition e-Text]. : Prentice- Hall. Retrieved from, website.
Smith, S. E. (n.d.). What is an Appellate Court? Retrieved from http://www.wisegeek.com/what-is-an-appellate-court.htm
State Courts. (2010). The Free Dictionary. http://legal-dictionary.thefreedictionary.com/State+Courts Understanding Federal and State Courts. (2010). Retrieved from http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx