The Federal And State Judicial System

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 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 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 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..

A state court may respond in various ways to a U.S. Supreme Court decision that raises issues of federal

The U.S. Constitution created a strong government structure for the United States known as federalism. Both the federal and state governments must have their own court systems to apply and interpret their own specific laws. Both federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their own court systems. For example, U.S Constitution gives Congress the power to make uniform laws concerning bankruptcies, a state court would lack jurisdiction in this matter. Since the Constitution does not give the federal government authority in most matters concerning the regulation of the family, a federal court would lack jurisdiction in a divorce case. This is the main reason why there are two separate court systems in America. The federal court system deals with issues of law relating to those powers implicitly granted to them by the U.S. Constitution. The state court systems deal with issues of laws relating to those matters that the U.S. Constitution did not give to the federal government or deny to the states.

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.

Compare and contrast the California and US federal judicial systems in as many ways as you can.

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.

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.

When determining where a case can be brought there is a process it must go through. The court system has the power in deciding what case can be heard this is known as subject-matter jurisdiction. Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction (Kubasek 44). Exclusive federal jurisdiction applies to federal courts dealing with a small amount of federal claims such as bankruptcy and federal criminal prosecutions. The state court system has a broad range of jurisdiction; state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. Concurrent jurisdiction on the other hand exists whenever there is a federal question or diversity of citizenship.

The Justice system in the United States is flawed, and this book does a good at showing that. Like you I was pretty unaware about the biases of laws and how unfair they were to a certain group of people. Most people are unaware of how broken the system is, and they do not see how much hardship some people have to face. The problem with solving the issue of felons or ‘the box’ is that most people do not know of it, or are not affected by it. This book does a great job at bringing awareness to these social issues.

“U.S. Constitution was written into law in 1787 with Article III creating U.S. Supreme Court and authorizes lower federal courts. The Judiciary Act of 1789 congress established lower federal courts. The case of Marbury v. Madison in 1803 the Court has the authority to declare an act of Congress unconstitutional. In 1891, the Courts of Appeals Act was created. In 1925, the Judges Bill states Supreme Court is given control over its docket. In 1939 the Administrative Office Act gave current administrative structure including judicial conference and judicial councils. The Federal Judicial Center was created in 1967 authorizing the research and training unit. In 1968, the Federal magistrate Act was implemented where commissioners are replaced by U.S. magistrates (later the name is changed to “magistrate judges”). In 1968 the Multidistrict Litigation Act created the Judicial Panel Litigation and gave it the power to transfer to a single district court the pretrial proceedings for civil cases involving common questions of fact, such as litigation regarding airplane crashes, product liability, patent infringements, and securities fraud. The Bankruptcy

the Federal Courts have three systems in place; trial courts, appellate courts and supreme courts. the trial courts are courts for traffic, juveniles, probate, family law and many more. the appellate courts are set to hear from the trail courts. then the supreme court hears the appeals from the appellate courts and choses which appeal they would like to open. when the federal court and the state court conflict on the point of law. the state of law will be void, states are not allowed to pass any law that is not approved by the federal

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.