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Courts Essay

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The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified …show more content…

Other federal courts, established by Congress under powers held to be implied in other articles of the Constitution, are called legislative courts. These are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of these courts are suggested by their titles.

State Courts
Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactment’s; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to review

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