In the following paper I will be looking at two cases which involve problems when it comes to the issue of Jurisdiction in the court system. The first one that will be looked at is Smiley vs. United States which involve international issues and the second one that will be looked at is the case of the mass shooting involving Jared Lee Loughner as the guilty party in the case. One of these cases was handled correctly and one of them was not based on my personal opinion. But of course in the end, all that matters is that the court made the right decision and yes in my personal opinion I think that both of these courts made the right choice based on the cases.
The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..
Who gets what when it comes to jurisdiction, how do you tell if it’s a state matter or a federal matter? Whether state or federal there are strict jurisdictions that both state and federal has to follow. From subject and personal jurisdiction, to the three types of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case.
It is believed to be said that people commit crimes because of various reasons and aspects in their life. The community offers their citizens a secure and safe residence to live in. However, some argue that particular individuals are born with specific traits that determine how they react in a negative condition. Individuals make decisions in life that can lead them down the wrong path. An individual may choose to commit a crime, only looking at how it will benefit them. I also believe that people think before they commit any criminal activity. When an individual commits a crime, they act on their own free will. They’re aware of their consequences of their punishment. Also, people can commit crimes due to their society. Such conflicts arise
The United States Supreme Court serves as the highest level of the United States Judicial Branch of government. The Supreme Court has nine justices who are appointed for life. Article III of the U.S. Constitution establishes the Supreme Court and details its responsibilities, duties, and jurisdiction. Currently, the Court is led by Chief Justice John G. Roberts, Jr.
In the United States, law is either private or public. Private law entails relations of private citizens, organizations, or both (Tarr, 2014, p. 8). Whereas, public law entails relations amongst the government and private citizen or organization. As in the case of Emmett L. Till, a young black boy, from Chicago traveled to Mississippi to spend part of the summer break with family murder for insulting a white woman by whistling at her (Huston, 2009). Due to the black code laws of the south, insulting a white person, was a crime (Hussy & von Zumbusch, 2015, p. 4). The act of Emmett Till were considered a violation of criminal law in the state of Mississippi. It was not his act that became the highlight of the case, it was the acts of two white males and the jury decision, after Till was found mutilated and tied in the Tallahatchie River (Huston,
When it comes to the United States or Texas and you want to find the rules and regulations that are carried out into that environment, here you can find almost every law in the Constitution. Wither it is the US Constitution or the Texas Constitution the laws will be found there and they were all set for a reason that happened in the past. The differences between the two are the history on why the laws were set and who it covers (Ginsberg, B., 2012). The similarities are they both are powerful and both have a Bill of Rights (Ginsberg, B., 2012). They are many more differences behind the two Constitution/government.
The court structure in the United States is known as a duel court system. A dual court system consists of two separate court systems. The first system consists of state and local courts (Bohm & Haley, 2014). The second system consists of federal courts (Bohm & Haley, 2014). Several different types of courts make up America’s entire court system.
Personal jurisdiction refers to the ability of a court to exercise its power over a particular defendant or item of property. Personal jurisdiction may be categorized as in personam, in rem, or quasi in rem. The primary restraints on a court’s power to exercise personal jurisdiction are found in the United States Constitution, state statutes, and case law.
In this case there is a major problem when it comes to the jurisdictional issues. If we look at the case it involves federal officials who were attempted to be shot. In this case that means that it can not be seen as a state or a city trial it must be tried as a Federal Trial because it involved federal officials. This case should be tried inside of a federal court not in a state court because the offense is against a federal official
The issue at hand is whether Congress possesses power to modify the Supreme Court’s jurisdiction. Jurisdiction is the ability of courts to hear certain cases. Article III prescribes for which cases the Supreme Court possess original or appellate jurisdiction. A vital part of the governments is the branches ability to check the other branches power. Without it, one branch may obtain too much power. Congress’s jurisdiction restrictions on the Supreme Court is an example of one of the checks. Those in support of Congress’s ability to control the Supreme Court’s jurisdiction argue that it is necessary for the Congress to have some control to ensure a check over the Supreme Court’s power.
The decisions of state courts across the nation vary regarding the independent nature of the state judicial branch, and the different tiers of courts, trial, and the appellate. The selection of judges, the removal of judges and the issue covering caseload among other reforms are comparable across all states courts. In NY, the structure of the court system is similar to trials court and appeals courts (Pecorella and Stonecash 178). Bowman suggests more efficiently manage the caseload and political influence in the judiciary (Bowman 193-4). According to Bowman, state trial courts amounts to more than 100 million new cases each year (Bowman 225). The case load in NY’s eleven trial courts is one of the busiest in the nation's court system (Pecorella and Stonecash 171).
Subject matter jurisdiction is different from federal, state, and local courts. The term “subject matter jurisdiction” refers to the fact that specific courts are established to handle cases pertaining to a particular type of claim, Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue. State trial courts have subject-matter jurisdiction over all cases except those which must be heard exclusively in other courts. Federal district courts are courts of limited jurisdiction. Federal courts are limited insofar as the matters they can preside over and, as a result, can only hear a very small fraction of their respective states’ caseload. As a result, state courts
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.
This report is designed to give an overview of both the United States Court system and the Michigan State Court system. It will discuss each system individually and explain each court and general knowledge about that court. It will explore the similarities and differences between the 2 court systems and what the requirements are to determine in which court system cases should be heard.
The Executive branch carries out laws. The executive branch is made up of the president, vice president and a cabinet. The president is at the top. The vice president is the presiding officer of the senate. The cabinet members have to be chosen by the president and the same with the senate.