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Federal and State Court AuthorityThe federal court system was founded by the United States Constitution and derives its authority from that document. The establishment of the federal court system is specifically derived from Article II which created the institution of the Supreme Court, the highest law in the land, and also permitted Congress to establish a system of lower courts. At present, there are 94 district level trial courts and 13 courts of appeal (“Court Role,” 2018). The state courts derive their power from the state constitutions directly, although state authority does not supersede that of federal authority. This was a major sticking-point between federalists and antifederalists and remained a point of contention during the early days of the republic.
State courts possess what is referred to as general jurisdiction, which means that all cases not within the scope of the federal courts are within the jurisdiction of the state courts (“State Courts and Federal Courts,” 2018). All state courts are bound by the US Constitution, of course, but their primary task is to interpret state laws and state constitutions. For example, some states have additional protections or restrictions on certain behaviors, and state courts enforce such laws and...
Although the state courts lack national authority, 90% of cases in the United States are heard in the state courts. These include crimes that are violations of state laws, including criminal laws, disputes about constitutionality, cases in which the states are a litigant, such as violations of tax policy, and real estate cases. State courts also often have special juvenile and traffic courts to hear those specific offenses (“State Courts and Federal Courts,” 2018). These cases often have unique features, such as the additional protections and restrictions offered to juveniles, which is why they are deemed to be more appropriately relegated to a separate system.
The critical difference between trial and appellate courts is that trial courts hear matters pertaining to questions of fact, while appellate courts hear cases pertaining to the law (“What is the Difference,” 2018). The appellate court does not retry the entire case. Instead, judges (rather than a jury) determine if there was a legal error in terms of the way the case was tried. No new evidence, such as witness testimony or physical artifacts, may be presented during an appellate court hearing (“What is the Difference,” 2018). Limited jurisdiction courts,…
Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the
Cannibal Cop" -- When does evil thought become a crime? Gilbert Valle III was a 28-year-old former New York City police officer who was arrested after his wife reveled to authorities that he was obsessed with the idea of kidnapping women, torturing them, raping them then eating their flesh. His wife had come upon his computer record of his visits to chat rooms (including "Dark Fetish Net") that deal in unspeakably
Court System The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define
Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for
Professional Licensing State Laws And The Rules Of State Psychology Board Professional qualifications: Questions State rules and laws The education and training of psychologists In the state of Washington, according to Chapter 18.83 RCW, 246-924 WAC, all psychologists must obtain a doctorate from an accredited institution. They must spend one year in a residency program, submit a dissertation, and complete a practicum and internship. Qualification for licensure The internship must be verified to consist of 1500 hours
S.B. 1070, ACA, AND FEDERAL PREEMPTION 1070, the ACA, and Federal Preemption S.B. 1070, the ACA, and Federal Preemption Tenth Amendment The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the