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The Us Courts

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The major 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 states that did not allow appeals.
In the nineteenth century, the ever growing population gave rise to criminal activities which lead to an increase in criminal arrests as well as civil litigation. States were forced to transform once again this time creating more courts at the trial, appellate, and supreme court levels. City courts took on property disputes and disorderly conduct. Juvenile courts took on cases involving juveniles. Small claims courts took on petty disputes and minor law violations and Traffic courts took on traffic violations, just to name a few.
The Dual System
Today the American court system is organized into a dual system; the State court system and the Federal court system. Still, each state court has its own unique system. The dual court system was developed in order to adhere to the concerns of our four fathers who did not want to give complete control to a central government. Thus the U.S. Constitution created a governmental structure for the United States called federalism. Moreover, federalism refers to a sharing of powers between the national and state governments. The U.S. Constitution gives certain powers to the federal government and reserves the rest for the states. Thus, a dual system separates power between state and federal and gives the courts jurisdictional differences.
These jurisdictional differences are based off of case type and geography. For example, Federal courts have jurisdiction over cases that involve the United States as a whole, cases that involve foreign officials, cases involving the U.S. Constitution, cases involving patents, copyrights and bankruptcies and often cases involving parties from different states. State courts can also try cases that involve parties from different cases, and cases that involve the U.S. Constitution but more clearly they simply see cases that are matters of the state.
State Court System
State court systems are not uniform still today. Although the structure of the state court system is similar in each state. For example state courts have two sets of trial courts. One is trial courts of limited jurisdiction and trial courts of general jurisdiction. Moreover, state courts consist of intermediate appellate courts and the highest state courts.
Trial courts of limited jurisdiction are courts that involve specific types of cases and are often located in county courthouses and usually are presided over by a judged and no jury. Examples of cases would be probate, family, traffic, juvenile and small claims.
Trial courts of General jurisdiction are the main trial courts in the state system. They hear the cases that are out of the jurisdiction of the trial courts and involve both civil and criminal cases. These cases are usually presided over by a judge and a jury.
Intermediate appellate courts take appeals from defendants who are not satisfied with the judgment of a state trial court. These courts only address alleged procedural mistakes and errors of law made by the trial court. Not all states have the Intermediate appellate court. These courts usually sit in panels of two or three judges.
The Highest state courts which are referred to as supreme courts or courts of appeal, like the Intermediate appellate courts take cases that address alleged procedural mistakes and errors of law made by lower courts. These courts often sit in panels of up to nine judges.
Federal Court System
The federal court system was established by Congress. They include The U.S. District Courts, The U.S. Circuit Courts of Appeal, and The U.S. Supreme Court. All judges from these courts are appointed by the President of the United States.
Every state has one or more district court. These district courts are trial courts which mean that federal cases begin here. District courts hear civil and criminal cases. It can consist of a judge and jury or a judge without a jury.
Unlike district courts, there are only 13 U.S. Circuit courts of appeal in the U.S.. Anyone who is not content with the judgment of a U.S. District Court can appeal to the U.S. Circuit Court of Appeal in their district. These courts go based on the facts presented in the District Courts and examine the trial for errors or mistakes of law. These cases are presided over by three judges.
The U.S. Supreme Court is the head of the federal court system. It consists of nine judges and it is presided over by the Chief justice. Only parties who are not content with a decision by the District courts and the circuit court of Appeals can petition the supreme court to hear their case and four judges have to agree to hear the case.
Due Process
Judicial systems may vary in jurisdiction, structure and components but one significant rule that all of these court systems must follow is the enforcement and protection of the rights of private citizens that we all know as Due Process.
No person shall be deprived of life, liberty, property or any right granted him by statue unless the matter involved shall first be adjudicated in a trial or hearing conducted according to the rules for judicial proceedings, and no matter shall be adjudicated without the opportunity for a hearing. These are the fundamentals of due process of law.
Due process finds its roots in early English Law. In 1215, men demanding rights of their government persuaded King John of England to sign the Magna Carta. It provided that no freeman should be imprisoned, diseased, outlawed, exiled, or destroyed, unless by the law of the land. The words “due process of law” was used to explain the protections of man in Magna Charta. Our founding fathers included due process of law in the Constitution of the United States.
The guarantees of due process of law are among the firmest bulwarks of our liberty. The values of these guarantees are shown by how our national and state governments have retained them, in strength through each change of status, from colonies to nation, from territory to state (Nineteenth Judicial Circuit, 2010).
In Summary
The development of the U.S. courts can trace back hundreds of years to the colonial days. The law of the new world was descendant of Great Britain Law but then soon began to develop and change into a unique system that correlated with American needs. The colonial days proved to be a challenge for court systems but after the American Revolution, colonial court systems began another transformation once they became state court systems. In the 19th century, more court systems were developed in order to better meet the needs of the people. Today our court system is structured under a dual system which is state and federal. All court systems must adhere to the Due process Law which is the protection and rights of private citizens. The U.S. courts have become a unique system; unique in process and in structure. The system continues to evolve in order to better suit the needs of our great nation. It is the central part, the core, of the criminal justice system. It is there that we can find justice.

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