Dual Court System Research Paper

* Hammurabi produced the law codes called “Code of Hammurabi” in order to acquire order and welfare. As Hammurabi state in his prologue, “Right and Justice I established in the land, for the good of the people.” (prologue, Hammurabi’s Code)

The Code of Hammurabi from the ancient Babylonian civilization, and the Twelve Tables from Ancient Rome society were both sets of laws from by which their societies had to abide. The Ancient Babylonian society abided by the Code of Hammurabi while the Ancient Romans abided by The Twelve Tables. Although they both served as promising laws to live by, they also served as tools that defined and distinguished each citizen’s position in the social order. Depending on where they stood in the social order, any criminal punishment would be tailored to that specific class. In Mesopotamian history, the most consummate code of law was the Code of Hammurabi, engendered by the King Hammurabi. The Twelve Tables was created by the Roman elites in order to create justice and fairness between the plebian and patricians. Both these sets of laws, although belonging to different societies, sought to create the illusion of fairness and equality outwardly towards the people, and inwardly, reward the rich and elite of their respective social class with power. Although these sets of laws belonged to different societies, they both casted an illusion of fairness and equality. However, in actuality these regulations only benefited the rich and elite.

Hammurabi’s code influenced the people of his kingdom greatly, he set valuable legitimate standards that have lasted to this day. Not only did this code set standards but it also includes a modern-day take of court and justice procedures. The Ten Commandment shaped people’s belief not only for Christians, it also shaped morality in all cultures and religions. Because of the two laws/codes, civilizations learnt what was right and what was wrong; the two laws influenced them to do the same. What would happen if one disobeyed the rules? It would count as a sin or be punished, which is also the way legal judiciaries do, however the punishments are not so brutal. Why? Because people have learnt how to be wise with the decisions they make, civilizations have gotten a moral sense because of these laws. In addition to the last point stated, the two laws give a basic and complex legal code that defends the innocent, punishes the guilty, it establishes a right to own and regulate private land, allows for self-defense, enforces the law to treat people with respect etc. All of the laws stated above apply to modern day society and culture, especially in judicial

The code of Hammurabi is the most remarkable and complete code of ancient law that we have. The code can be found on a stele, a stone slab usually to commemorate military victories in the ancient world. His code, a collection of 282 laws and standards, stipulated rules for commercial interactions and set fines and punishments to meet the requirements of justice. Most punishments resulting of death or loss of limb if a law was broken. The edicts ranged from family law to professional contracts and administrative law, often outlining different standards of justice for the three classes of Babylonian society. The Hammurabi Code was issued on the three classes of Babylonian Society, property owners, freemen and slaves. It was important as it organized the most civilized empire at that times , and Hammurabi made many copies of it and distributed them in the most important cities of the empire , so it represented a great progress to the human

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

In 1789, each of the thirteen states had already establish a judicial system such as criminal and civil cases. The United States Constitution is the original document in which it established fundamental laws for the national government as well as protecting the right of the citizens. The U.S Constitution was designed to avoid too much power in the system of checks and balances. As years went by, the Constitution began to adapt to the modern changes. Subsequently, the judicial system began to full fill the U.S Constitution’s purpose. Both Federal and State have their own jurisdiction and functions as stated in the Constitution. However, in recent years the judicial system has been broken due to lack of structure in law on the book and law in action.

The dual court system permits the federal administration restricted access into each jurisdiction problems and state law is not allowed to be involved in the federal judicial system, without there being some type of encounter at the state or federal stages. Federal courts have the authority to resolve only the cases in which the Constitution allows them to have power over. These types of courts are to be found in the bigger only; specific cases are allowed to be received within the federal courts. For instances, the cases that are allowed to be viewed in the federal courts are cases that include the United States government and other officers that are being sued. The dual court system is not the only part of the story, each level there is a different court chain of command. States often have limited jurisdiction courts, such as traffic courts, trial courts and appellate courts, and supreme courts (Siegel, Schmalleger, & Worrall, 2011). Each trial court adjudicates different offenses. Appellate courts consider different matters depending on where they lie in the court hierarchy. Appeals from state courts can sometimes be heard in the federal courts. Higher-level courts can control the actions and decisions of lower courts, but not the other way around. Despite the apparent complexity, each court has its place. The main focus of the court system is to uphold the law, protect citizens and their rights and resolving

A court is a way for society to formally punish wrongdoers or criminals and make decisions. Courts determine behaviors based on society beliefs on what is acceptable behavior and which behavior is not and deserves punishment. Courts also decide on what is fair, just, punishment, how long to enforce a punishment, and innocents. Courts interrupt laws that can have impact on citizens, businesses, private parties, government officials, and many more. The purpose of the court is to upholding the law, protecting individuals, resolving disputes and reinforcing social norms. There are three elements to be considered a court in America. The first is the court must have the proper legal authority to be a court. This is given by constitutions or statues that have been created. The second is courts are found in the judicial branch. There are some exceptions to this but for the most part all courts will fall under the judicial branch. The third is when a court makes a

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Together with, the Constitution of the United States likewise designed a strong government by establishing a national court system. This helped the government become more secure by having equal justice under law for every citizen including the president. In the document Powers of the Federal it presents the judicial powers and the supreme court. It states, “this branch interprets and ruled the actions of the other branches” (Document 2). This shows that the judicial branch has the ability to run each case according to the law it violated, without the influence of outside factors. Founding a national court system preserved and interpreted the law. Also, this demonstrates that having a court system help the government by equivalent laws enforce

The Law code of Hammurabi was created around 1800 BCE It is one of the earliest set of laws in ancient Mesopotamia, and is an early example of their law and  government. The Law Code of Hammurabi could also be compared to the present day U.S constitution . During this time they had a strict code of law. The laws  included subjects such as, slander,divorce, theft slavery, trade, etc. There were around 282 laws that all explained potential punishment if you did not obey them. During the time when he Hammurabi code was initially invented, Hammurabi was the 6th kind to rule the Babylonian dynasty. This was a reaction to an event, because, if the babylonian didn't have the law code of

However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally divided between central governing body and various constituent units. In the United States, the federal government makes laws, but federalism also gives the state’s power to make their own laws (Siegel, Schmalleger, & Worral, 2011). The Founding fathers saw it as a way to serve as check on an abusive or tyrannical government.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.