The difference between federal courts and State courts is that State courts are usually established by a state themselves and Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.
The main differences between federal and state courts falls under jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.
State courts have broad jurisdiction which means that the cases they hear involves crimes such as robberies, traffic violations, murders that may have occurs in their state and domestic violence. The only cases that don’t play out in state courts are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.
Selection of Judges
Federal Judges
The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior.
State Judges
State court judges are selected in a variety of ways, including being selected by the governor of that State in which they reside or by the state legislature. In some cases, judges are able to run for election if they want to be a judge.
I think that the courts could be a little more alike when it comes to the amount of years judges serves. Just
Judicial power is given to the Supreme Court. All nine federal judges are appointed by the President and serve "during good behavior," usually meaning for life. The judges cannot be removed from office except for criminal behavior or malfeasance. This makes them less vulnerable to political pressure and outside influence. The main feature of the independent role for the courts lies in their power to interpret the Constitution. They review the "constitutionality" of laws and executive orders. There are
In conclusion, state law and federal law are very similar as, they are each meant to dictate a measure of safety for the citizens of the United States of America. According to the United States Constitution federal law, which is dictated, allows the federal government the power to make laws for the people and for the country as a whole. State laws are meant to allow each state to be allowed to govern them and handle the issues within their states. This power was given to them from the Bill of Rights that was also outlined in the Constitution (FindLaw, 2012).
Basically, there are two types of federal courts: constitutional and legislative. Constitutional courts are presided over by the Supreme Court and
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)
A state court may respond in various ways to a U.S. Supreme Court decision that raises issues of federal
One example being that there are federal crimes such as counterfeiting, racketeering and tax crimes fall under jurisdiction of the federal courts, and state crimes such as homicide, aggravated assault and robbery which fall under the jurisdiction of state courts. The federal court does reign supreme over the state courts; they can review state convictions to determine whether or not the constitution was violated.
In addition to the contrasts between the state court system and federal court system, there are also similarities which are; the federal district
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" (majority vote) of the Senate , eight judges include The Judicial Branch of the U.S. government is made up of federal courts and judges. The judges are appointed by the President of the United States and they are confirmed by the U.S. Senate. Federal Supreme Court judges, also called Justices, are appointed for life, and because they are not elected they are free to make decisions based on conscience not on election
One of the many differences between the federal and state courts is regarding each court’s jurisdiction (the types of cases that a court is authorized to hear). California state courts have a much broader jurisdiction than federal courts. Most hearings (felonies, family law, civil cases, probate, etc.) fall under state law and thus are within the jurisdiction of the California judicial system. (Turner et al., 2016). The cases that California courts are not allowed to hear are anything regarding United States federal law, any violations of the US Constitution, cases involving different states, bankruptcy, copyright, etc. Federal courts are limited to these types of cases as well as anything explicitly spelled out by the US Constitution or by Congress.
Constitution, and “appoints federal judges by advice and consent of the Senate” (SITE, p.). The judicial branch is comprised of the Federal, District, and Appeals Courts, which judge cases concerning federal law, but the Supreme Court decides if the law agrees with the U.S. Constitution. http://answers.yahoo.com/question/index?qid=20080521155230AAz04SP
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.
When a judge is selected through executive appointment, the governor or legislature from the state they are in will choose them from a large selection of possible candidate. Traditionally, this process gives all of the power to appoint a judge solely to the governor. This process is the least effective of all three. There are zero states who still solely practice this method traditionally and there is a good reason for that. Essentially, the governor of a state can purely pick any eligible candidate. A governor could appoint someone that would help them further their political agenda. This is not a reasonable way to select a good candidate. There has to be regulations and systems in place that choose the most qualified candidate. Many states utilize executive appointment but have added methods to keep the governor in check. For example, in New Jersey a governor can
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