Analyzing the Dual Court System

¶ … dual-court system and explain the three-Tier nature of the U.S. federal judiciary. Dual Court System Dual-court system represents a legal structure supporting 2 coexistent court systems, at local and national levels. Two among the world's oldest and most highly recognized dual-court systems can be found in Australia and the U.S. In both nations, state courts enforce local laws, while federal courts concurrently enforce national law.

An extent of overlap exists, between the breadth and scope of nation and state laws; however, typically, the two court systems are completely independent of one another (What is a Dual Court System? (with pictures), n.d). The U.S. and Australian constitutions outline the standard federal law applicable to the nation overall. Federal courts largely aim at upholding and implementing constitutional mandates. Individual state governments are authorized to create their respective local laws applicable to state residents.

While federal laws are invariably a minimum requirement, states can, under most circumstances, alter laws as they deem appropriate. Whereas laws of different states are often different, federal regulation is universally constant in all parts of the nation. Three-Level Characteristic Federal Judiciary The jurisdiction of American District Courts is over cases that involve criminal as well as civil actions. The latter have to stem from a breach of constitutional rights, or of U.S. treaties or of law, or in case the nation is involved in the suit.

Cases that involve different states' residents and maritime cases are tried in U.S. district courts as well. In case of criminal lawsuits, jurisdiction for hearing a case only occurs if the U.S. brings on the prosecution, or is a party in it (The 3 Levels of the Federal Court System: Structure and Organization - Video & Lesson Transcript -- Study.com, n.d). Judges decide law-related issues and juries (or even a judge) decide fact findings, in both criminal and civil cases.

America has 94 District Courts; there are two or more District courts in each state. District Courts comprise of anywhere between 2 and 28 judges. District courts lack appellate jurisdiction, that is, they are not authorized to hear appeals from lower courts. The United States vs. Jose Hernandez case was only tried in Miami's Southern Florida District Court, owing to the fact that the U.S. was one party in the suit. Hernandez was accused, by the U.S., of borrowing several thousand dollars as educational loans, while failing to repay debts.

American federal circuit courts preside over cases wherein any 1 or both the parties involved in a case aren't satisfied with a district court ruling. A three-judge panel reviews the decision made by the lower, district court to ascertain if any issue can be found by applying the law.

Both criminal and civil cases are heard in the thirteen circuit courts in the nation, which are regarded as some of the nation's most influential courts (The 3 Levels of the Federal Court System: Structure and Organization - Video & Lesson Transcript -- Study.com, n.d). While there are nearly 180 full-time judges in these 13 circuit courts, only 3 judges can hear a given case. As the court tries lower court appeals, the decisions made in circuit courts typically set legal standards. In the Bette Midler vs.

Ford Motor Company case, the plaintiff originally sued the automobile company in a district court, claiming the company employed a singer who sounded like her for singing a popular song of her for an advertising campaign, designed to attract the nostalgic baby boomer generation, which would identify with this song and hence, purchase from them. The highest-ranking court in all states and the entire nation is the Supreme Court. It normally deals only with issues of national or state importance, or hears appeals from an appellate court.

The court takes appellate court cases only when an issue exists with regard to constitutional rights or interpretation of law. It also forms the last resort when it comes to.