Rationale , Pros and Cons of the Dual Law Enforcement System

In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches.

    The state intermediate courts hear appeals from the trial court (Goldman and Cheeseman 10). These courts review the record from the trial court to determine errors that can ultimately modify or reverse the decision in a case. The highest state courts (commonly known as

The dual court system differentiates between the state and federal court systems. The federal court system was established in accordance with constitutional law, which allows Congress to ordain federal courts that are separate from and external to the Supreme Court but which also deal with federal legal matters. These separate federal courts are referred to as "inferior courts," in relation to their position in the hierarchy with the Supreme Court at the summit. Each of the inferior courts established by Congress has a specific and unique jurisdiction.

U.S Courts of appeal do not decide “guilt”or“fault”, listen to witnesses, do not have a jury, and do not attempt to “find out the facts. They do however, see if there were legal issues made and review the courts records. They also listen to both lawyers working on the case. All states have supreme courts, although only 39 have intermediate appellate courts”. (Schmalleger,2009)

The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. Often times than not the two

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..

The next step in the ladder is the District Court; like the Local Court, it has both Criminal and Civil Jurisdiction, however it hears most indictable offences in jury trials. The Supreme Courts Trial Division has original civil and criminal jurisdiction, but it only hears the most serious of criminal cases (like murder or terrorism). Additionally, its’ Court of Appeal hears direct appeals from the District Court and Supreme Court trial division – it usually only hears appeals regarding questions of law and not fact.

The California judicial system and the United States federal system are different but comparable. Consequently, both the California and the United States federal judicial system handle different types of cases. Essentially, California handles cases that deal with 1) state courts 2) civil cases and 3) criminal cases. On the other hand, the United States federal system handle cases that deal with 1) the Constitution, 2) laws that are passed through congress and 3) cases in which the United States is a party. In spite of the fact that the California system and the United States federal system are different yet comparable, this paper will address both court systems concluding with the United States federal system being superior to the California system.

The three tiers of the American federal court system consists of the Supreme Court, District courts which are also referred to trial courts, Circuit Courts of Appeals, and the Supreme Court.

To begin with my state, the New York judicial system comprises of the Court of Appeal, the Supreme Court, Appellate Division, the Supreme Court, County Courts and Limited Jurisdiction Courts, Surrogate’s Court and Family Courts. These courts function throughout the state. The Criminal and Civil Courts operate only in the New York City. The County Courts, City courts and village Justice Courts are found outside the New York City.

The American court system has two different components: the court systems of the various states and territories and then the federal court system. Each state's court system is unique, but most of them generally follow the same basic structure as the federal court system. The first level of court is the trial court. In the United States these are the U.S. District Courts. There are also a variety of trial-level courts with specialized purposes, such as tax courts and admiralty courts.

The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences.

There are 94 different federal trial courts call District Courts. The role of these district courts are to hear civil and criminal cases. Those district courts are broken down into 12 different regional circuits, each of the 12 regional circuits have their own court of appeals. These court of appeals deals with appeals within their circuit. Those appeals are then heard and their fate is then decided based on the record that was given before the District Court. All the cases that involve juvenile issues, child custody and Dupree cases, inheritance/probate cases, real estate, as well as most cases that involve criminal prosecution, personal injury cases, disputes and contracts, as well as public health cases. Each state handle local laws, has its own police, and court system. Each court system has its own Supreme Court which is known as the court of last resort. Local crimes in cases go before their local courts and from there it's it is decided whether or not the case goes before the state, supreme, or federal court.

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.

As a result of federalism, whereby government system of the United States has generated an overlap of power as a result of delegating some powers to the federal government and others to the state to exercise, there has therefore been a conflict in the undertaking of criminal justice in courts. Article six of the United States constitution contains a supremacy clause that pronounces the role of judges in every state as bound by the constitution (Banks, 34). This is however subject to different interpretation because when these laws interfere with the laws of the congress, the act of congress is deemed supreme even though the latter is in pursuance of the constitution, it must conform to the laws of congress. For instance, the United States district courts have jurisdiction to hear federal cases and deciding the constitutionality of federal laws. However the constitution gives powers to the congress to control and determine the cases to