The Supreme Law Of The Land Granting Shared Power Between The Federal And State 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 supreme court is the highest, most important court in the United States and the titles of the men and women who serve on the high court are associate justices. There are over nine judges who are on the supreme court, eight are associate justices and one is the chief justice. They are all appointed by the presidet but they are approved by the senate. The term of office for the nine judges who serve for the high court is for life. There are over 91 district courts, which are the lowest courts, and 12 appellate courts. Three courts that are part of the federal judicial system are the Court of Military Appeals, United States Claims Court, and United States Tax Court. The nine type of cases the Supreme court and federal courts have jurisdiction over are the constitution, federal laws, treaties, law governing ships, the United States government itself, ambassadors or public ministers, two or more state governents, citizens od different states and a state or its citizens versus a foreign country or foreign citizen. The process of checking the laws of our land is called the judicial review. When the supreme court declares a law unconstitutional, it means that the law goes against the constitution of the United States. In order for a person to be convicted of treason two witnessess must testify, telling the exact same story and/or the accused must confess in a

Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing

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 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.

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.

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.

In the United States Government, there are three levels of the federal court system: District courts, Courts of Appeal, and the Supreme Court. District courts were created after the Judiciary Act of 1789, and consist of federal trial courts that do not cross state lines. They can use original jurisdiction on some cases if they involve a federal government as a party, present a federal based question, or involve civil suits with citizens. The United States attorney, who is nominated by the President and confirmed by the Senate, is the district’s chief law enforcement officer. Courts of Appeals was established in 1789 to hear appeals from federal district courts. They are overseen by the chief judge, who serves 7 years, and each court can range from 11-30 judges, depending on the workload and complexity of cases. These courts appeal cases by the losing party that have already been heard and decided in a federal district court. They have no original jurisdiction, but instead use appellate jurisdiction over appeals from criminal cases, and from administrative agencies. The Supreme Court reviews cases at the center of highly controversial issues that the political process has yet to resolve successfully. These cases may include cases from the United States Courts of Appeals, state Supreme Courts, and act as a final decision. The judges within the Supreme Court are highly regarded, and one must meet specific requirements to become one.

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.

In the founding days of our country, the learned individuals, who were united in the cause of creating a new, democratic nation, saw the need to have a system of laws in place, in which to govern the new nation (Neubauer & Fradella, 2008). These men joined together, at a Constitutional Convention, and began constructing the rules of governance, which would create this nation. The Constitution of the United States was the document, which was created, and it specifically addressed the forming of a federal judiciary in Article III. What our founding fathers could not agree on, was the scope of jurisdiction, which this new federal judiciary would operate under, and thus Article III of the United States Constitution is very brief (Neubauer & Fradella, 2008). At the constitutional

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