...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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...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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...Lori Davis The federal systems consist of three courts. Those courts are the Supreme courts, courts of appeal, and district courts. They all play a major role in the federal systems. However, the federal systems are different from our state courts structure. The courts of Wisconsin’s court system are the municipal, circuit, court of appeals, and the supreme courts. They both differentiate in various amounts of areas. In this assignment, the roles and functions of the law will be discussed and explained. Federal Courts Structure vs. Wisconsin Courts Structure The federal system of government in which power is shared between the federal government and the state governments. The federal structure starts with the lowest level, which is district courts. The district courts have no jurisdiction. The next level would courts of appeal, and the last level is supreme courts. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. The Supreme Court is the highest court in the United States. The Wisconsin courts structure starts with municipal courts, which has no jury trials. The next level would be circuit courts. Circuit courts may have jury trials in most cases. Federal courts and state courts are two parallel sets of court with different and sometimes overlapping jurisdiction. . Depending on the dispute or crime, some cases end up in the federal courts, and some end up in state courts. Concept of Judicial Review ...
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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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...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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...laws are “a system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by imposition of penalties.” Laws are often viewed as ethical practices that are just enforced, especially in the business environment. (Lorenzo.2007). They are used to protect businesses, promote growth with the company and economically and also checks and balances for the government so that companies have some sort of freedom. The roles of law in businesses are divided by Criminal and Civil Law, Substantive and Procedural Law, and Private and Public Law. (Diak.2009) Criminal laws results in the legal punishment when a criminal act has been performed and are used in order to protect the society while Civil Law disputes cases between companies or individuals; private parties. If any one indulges in any criminal acts in a business or in society, they are held responsible and would have to face the consequences. In a business corporation, one would not want to get caught in any criminal acts, even though it still gets done sometimes, knowing that it could tarnish their reputation as well as the businesses and that encourages them to abide by the laws. The purpose of Civil law is for the private party to have their primary or sanctioning rights. This helps business and those who work in the businesses to respect each other’s rights and give guidance. The structure of Criminal and Civil laws are the same in New York State courts structure. There are...
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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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...historical developments of 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...
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...Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law, treaties, ordinances, statutes and executive orders. Common law...
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...Structure of the Courts Paige Michaud- McClorey CJS 220 June 15, 2011 Jodi Delgado Structure of the Courts Three branches separate the government: executive, legislative, and the judicial each have distinct areas of responsibilities. I would like to start my Court System Structure for the State of Ohio from the bottom and work my way up to the top. Structure for the State is state appellate courts, and state trial courts. Sources of law consist of the state constitutions, state penal codes and local ordinances. These are laws enacted by state and local governments. Federal structure involves the federal appellate that is a five-judge panel and the federal trial courts. Sources of law are the U.S. Constitution, Code of federal regulations, and United States Code. These are laws enacted by Congress or executive agencies. Although the Mayor’s Court is not part of the judicial branch of Ohio government, Louisiana and Ohio are the only two states where mayors can preside over a court. They hear cases in violation of state traffic laws and local ordinances. Municipal and County Courts these courts are created by the General Assembly. Both courts have the authority to hear felony cases, and jurisdiction over traffic and non-traffic misdemeanors. Municipal and County Court judges must be attorneys with at least six years’ experience in law. A court of Claims judge assigned by the Chief Justice hears cases involving suits against the state such as property damage, discrimination...
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...In comparing the court system of the state in which I reside and the Federal Court System, I found many interesting facts that make them completely different. I reside in the state known as the garden state, New Jersey and after doing careful research, I found that the New Jersey Court System is made up of five branches or divisions. The structure of New Jersey Court System includes; The Supreme Court which is NJs highest court and is known as the court of last resort. It reviews decisions of the state’s lower courts and is composed of a Chief Justice and 6 Associate Justices. Appellate Division of the Supreme Court which is an intermediate appeals court and reviews decisions of the Trial, Tax, and Municipal Courts. Appellate Divisions are appealed to the Supreme Court and the judges sit in one of eight appellate parts. Tax Court only hears cases involving tax laws and is authorized by 12 judges. Tax Court decisions are also appealed to the Appellate Division. Superior Court is NJs trial court and is composed of about 393 judges in the 21 countries. It conducts criminal, civil, and family Law cases and reviews decisions of the Municipal Courts. There are 357 Municipal Court in New Jersey. It hears cases such as motor vehicle and minor criminal cases. Municipal Court decisions are appealed to the Superior Court. The structure of the Federal Court System includes The Supreme Court of the United States which is the highest court in the federal Judiciary. It consists...
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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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...articles and the knowledge that I have acquired about the court system I strongly believe that the court system is structured in a complex fashion. According to George Kucik and Alieen M. Cohen of the International Corporate Law, “The complex and sometimes harsh rules governing United States litigation or court system are, in truth, two edged swords that can be employed to any litigant's advantage regardless of his or her nationality.” Also, I have come to realize that the court system is portrayed not as a place nor as a group of people, instead it is portrayed as a structure binding society together positively. For many the United States court system is considered to be an overlapping network. The state and federal court systems are relatively simple structures. Each level of the court system is divided into multiple...
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...of Illinois that their state court website would be a little easier laid out and better to understand, but I found it quite the opposite. Therefore, I chose to do this assignment on the state of Ohio. I look at Iowa, Indiana, and Ohio and just liked how Ohio’s website was laid out. In every government there are three different branches: executive, legislative, and judicial. What does each of them mean? Executive branch is responsible for carrying out the laws of the state, legislative state is given the power of legislating which means to make or enact laws for a state, and lastly judicial is responsible for the administration of justice. These three branches are so very important to every state and make the government go round’, without the legislative branch the executive branch would not even seize a purpose and without the judicial branch we would not have a set standard of the way we handle things when laws are broken. The structure in the courtroom in the state of Ohio is as follows: state appellate courts, and state trial courts. When dealing with law they follow an outline of the way things need to be ran just like everyone else. Therefore the sources are state structures, state penal codes and local regulations. State structures, state penal codes and local regulations obviously differ state by state and every state has different local rules and regulations. Federal structure is a little different from state structure. Federal structure is centralized and universal...
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...Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are part of this nation like Tamils, north east people, Bengali and many other people who are different from rest of India. The answer to this problem lies in federal structure of Indian constitution, which links it to the voice of the minority borrowing a flavor of social justice. This ensures harmonious execution of the entire system. Federalism, cultural and ethnic diversity have given the...
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