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 Supremacy Clause is a statement in the US Constitution that says that “the laws of the United States… shall be the supreme law of the land.” This was created to resolve any disputes among laws of the states and of the nation. The supremacy
After all a war had just ended and the new country was in debt. This article also established the idea of National Supremacy, where the Constitution, Federal Law, Supreme Court decisions, and any treaties entered into by the Government would be the supreme law of the land and that no state law could contradict it. The supremacy clause has been a factor even recently in the Supreme Court decision that same sex marriage was legal in all states regardless of what the state’s constitution said. The last part of Article Six was the oath of office, where all politician whether in the federal or state governments would be required to take an oath to uphold the Constitution before taking
The Courts of Special Jurisdiction or limited jurisdiction are limited to handling cases such as family matters, bankruptcy, patents, copyrights, probate, traffic, juvenile courts and small claims courts for cases under $5,000.00.(Understanding Federal and State Courts)
The Constitution is the cornerstone of America. It has lasted longer than any republican government on Earth. The constitution has lasted far longer than the framers of the constitution had expected. The constitution should not be changed because it is fundamentally sound and applicable to today’s society. That is not to say that there isn’t some changes warranted, but the changes to the constitution are allowed and the process to make these changes via amendment are spelled out within the constitution itself. Currently there are have been approximately 11,000 proposals within congress to amend the Constitution since 1789 of those thirty three have been passed. (Senate.gov)
3b. Which amendment states that the powers not specifically delegated to the federal government are reserved to the states?
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 US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws,
Explain the primary purpose of the Constitution and identify the main rights we as US Citizens all share due to our Constitution. ( CO 3)
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 Constitution should change with society. Like all societies, ours changes with time. Like it or not, things will be different in the future. Although we agree with things we are doing now, we may not in the future. Our constitution is ment to be part of a lasting government in the land of the free. If the USA really wishes to be held up to that title, its people must be able to agree, and if needed, change the Constitution.
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.