The American Legal System Of The United States

The Judiciary Act of 1789, section 35, established the need for lawyers to represent the government and prosecute federal crimes. There were initially thirteen districts for the eleven newly freed States and as the population grew the subdivisions would become more numerous and generally there would be a DA for each county within a state. These positions, as they are today, were either appointed or elected depending upon state law. The early district attorneys represented the government and their duties “ranged from reporting on the nature of the federal judicial docket (as under an 1816 law directing the district attorneys to transmit to the secretary of the Navy a statement of all cases pending or disposed of concerning prizes captured by armed ships of the United States) to actually controlling the docket of a particular federal court (as under an 1846 statute giving them the authority to transfer criminal cases between the circuit and district courts)” (FJC) With the development of more federal and legal infrastructure some of these duties were absorbed by more specialized departments and allowed district attorneys to truly focus on their respective districts.

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 American legal system consists of two separate levels of court, defined as federalism, which together administer and enforce the laws in the United States. Federalism distributes the government powers between both the federal governments and the state governments, which ensures that the power of the national government is decentralized.

The federal court System is organized in three levels: US District Court, The lowest tier of the federal court system (deals with small cases such as civil suits, and federal government as a party), US Court of Appeals (does not open new cases and hear evidence or testimony, only review judgments), and US Supreme Court (only interprets cases that have been already in US Courts of Appeals).

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 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

The United States district courts are the trial courts of the federal court system. The district courts have jurisdiction over every category of federal cases ranging from civil cases to criminal cases. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. The Virgin Islands; Guam, and the Northern Mariana Islands are three U.S. territories that have district courts that hear federal cases, including bankruptcy cases.

Basically, there are two types of federal courts: constitutional and legislative. Constitutional courts are presided over by the Supreme Court and

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.

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.

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 criminal justice system holds trials on cases. Most cases are dealt with outside of court. If a case is significant enough and is approved, then it goes to the state court. Most cases do not pass the state court, but if someone objects to the state court’s decision, then the case may go to the federal court. Another way a case is able to be held at the federal court is if the case involves two different states and involves over $70,000. According to crash course, there are four different scenarios in which the federal courts have original jurisdiction (case goes directly to federal court without the interaction of state or local courts). In all of these scenarios the cases must be brought in an original district court. The first scenario is in cases where the law at issue is a federal law. The

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.

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