Federal And State Judicial System

946 WordsMay 19, 20164 Pages
Around the world, courts make life changing decisions every day involving individuals’ embroiled in various disputes and situations. These courts operate under either a common or civil law framework. In the United States, the federal judicial system governs the nation and each individual state, and each state has authority over concerns that arise in its borders. The federal and state judicial systems use different processes to select court judges, and the judicial system hears cases based on varying criteria. The Two Global Judicial Frameworks Whether a court uses common law or civil law is ultimately determined by the court’s location. The United States and most territories formerly possessed by the British Colonies practice common law, which has roots dating back to the Middle Ages. With common law, judges hear cases and decide what ruling best serves the public’s interests. Once a judge makes a ruling, it is now a precedent that other judges and lawyers will defer to when making future legal decisions. In common law practice, there is not always a precedent that sets forth how a judge should handle a legal matter; the judge decides which groups to protect, such as children or home buyers, based on what will benefit society the most. When common court judges make a ruling, they consider how the case outcome will affect the public. Finally, contract law is not predefined in the common law system, which often results in extensive contract language in an effort to prepare
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