Dual Court System

Superior Essays
The court’s system began when the Norman conquered England, the establishments of courts was a way of unifying the country. Their intentions were to establish a common, or uniform, set of rules for the whole country. The body of judge-made laws that was developed under the system is still used today, which is known as the common law, applying decisions to similar situations. With newer cases, they relied on precedents in deciding the case. As for the United States, the United Supreme Court, the highest court in the land, sees that precedent are bind on all lower courts. The constitution of the federal government and the states set forth the general organization, powers, and limits of government. These are all the fundamental sources of American …show more content…
The constitution established a federal government with limited powers and limited federal jurisdiction. Article lll, Section 1, of the U.S. Constitution limits the jurisdiction of the federal courts to cases involved in either federal question based on a treaty or federal law, or diversity of citizenship which arises parties to a lawsuit are from different states. The federal courts consist of 3 levels of courts. The first tier is U.S. District or trial courts, where trials are held and testimony is taken. In these trial courts, they have limited jurisdiction, only having the power to try cases of certain claims. Then, there is the U.S Courts of Appeals. The U.S. has a total 13 courts of appeal, 12 of them hear appeals from the federal court within their respective judicial circuits. The Court of Appeal for the Thirteenth Circuit is called the Federal Circuit. The Federal Circuit has national jurisdiction over certain type of cases involving patent law or in which the U.S. government is a defendant. The highest tier of courts is the United States Supreme Courts. The Supreme Court was established in 19789 with six justices and since 1869 there have been nine justices on the court. According to Article lll of the U.S. Constitution, there is only one national Supreme Court. Most of the Supreme Courts work is as an appellate court, though, it can execute original jurisdiction. Cases that reach the Supreme Court is based on several factors which include, the significance of the issues and whether the Solicitor General is asking the Court to take the case. The Solicitor General is the person who represents the interest of the state in court and this individual should not be confused with the Attorney General. For the United States, the Solicitor will appear before the Supreme Court when the U.S. is a party to a case. An attorney general is the chief law enforcement officer of the state.

Related Documents

  • Improved Essays

    The Georgia court system consists of a Municipal Court, Magistrate Court, Probate Court, Juvenile Court, State Court, Superior Court, Court of Appeals and the Supreme Court. The Municipal Court has three hundred and seventy courts with three hundred and fifty two active Judges. The Municipal Court handles traffic offenses, local ordinance violations, conduct preliminary hearings, issue warrants, and they may handle misdemeanor shoplifting and possession of marijuana cases. The Judges in the Municipal Court can be appointed by the mayor or elected.…

    • 439 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    After the Revolutionary War, the thirteen colonies needed a government to replace the British system they overthrew. The Founding Fathers drafted the Articles of Confederation. The articles were briefly used until citizens began to see its shortcomings. It was just a “firm league of friendship. ”…

    • 833 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The drafters were also apprehensive and didn’t want to grant too much federal power, so they limited the jurisdiction of the federal courts by implementing a dual court system between State and Federal, with each having its own key…

    • 204 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Supreme Court is that of a Chief Justice of the United States and a set number of Associate Judges, fixed by congress and appointed by the President. The Supreme Court has specific guidelines on how many cases they are to hear in a set time but, they have discretion on which cases they choose to hear out in court. Many cases they hear deal with questions, or conflicts, with the interpretation of the constitution, such as the cases: Chaplinsky v. New Hampshire, Beauharnais v. Illinois, and R.A.V. v. City of St. Paul. In the court case of Chaplinsky v. New Hampshire, the Supreme Court must look at the appeal of a New Hampshire State Supreme Court ruling that Chaplinsky’s use of profane language on openly public streets in a means that may…

    • 1020 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Federal Court System

    • 1072 Words
    • 5 Pages

    Our Federal Court system is primarily composed of three high power jurisdictions that operate much differently than that of the state courts. Federal Courts consist of federal district courts, United States courts of appeal, and the Supreme Court of the United States; however, these courts have limitations in cases that solely focus on the Constitution and federal law. Federal district courts are considered general trial courts that consist of over six hundred and seventy-five district court judges nationwide, and they have ranked the lowest courts out of the entire federal court system. United States courts of appeal, however, are ranked second in the system and are composed of six judges on the first circuit and can reach up to twenty-nine…

    • 1072 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    There are three levels in the federal court system, district courts, circuit courts, and the Supreme Court of the United States. The district court which is also known as the trail court. District courts is the general trial courts, each district court has at least one United States District Judge, which is appointed the President. This is confirmed by the Senate and the judge is in for a life term. District court handles trials that are in the federal court system, civil and criminal.…

    • 282 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Appellate courts is a court to review cases after the cases have been tried. In the State of Texas there are two high courts of appeals, Supreme Court and Court of Criminal Appeals. The Supreme Court review the civil and juvenile court. The Court of Criminal Appeals review all the criminal cases.…

    • 249 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The True Extent of the Supreme Court’s Constitutional Influence Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of judicial review. This authority means many of the Court’s decisions have a great effect on the American people.…

    • 1734 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    The Supreme Court consists of one Chief Justice and four associate justices who are elected to serve ten year terms by the General Assembly. South Carolina is one of only nineteen states with a five member Supreme Court. Seven states copy the federal system and twenty-six states have seven justices. (Hays 250). The justices have jurisdiction over other courts and are responsible for promulgating any rules governing case management and the practice of law (Hays 250).…

    • 1210 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Dual Court System

    • 218 Words
    • 1 Pages

    The type of court structure we have in the United States is a dual court system. This means that every state has its own judicial system, that’s separate from the federal system, which is the same for every state. The state court includes trial courts of Limited Jurisdiction, Trial Court of General Jurisdiction, Intermediate Courts of Appeals, and the Appellate Court for a last resort. The Federal Court System includes District COurts, Circuit Courts of Appeals, and the Supreme COurt of the United States.…

    • 218 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The court structure in the United States is a dual court system. This means that there is a separate federal system and a separate judicial system locally and for each of the states. The United States Supreme Court is the only place where these two systems connect. The courts have jurisdiction which gives them the authority to hear and decide cases. These jurisdictions are composed of the original jurisdiction, which has the authority to hear the case when it is first brought to the courts.…

    • 474 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed. the Judiciary Act of 1789 established the structure and…

    • 307 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Judges Vs Federal Courts

    • 582 Words
    • 3 Pages

    The federal court system is quite large today. Despite its current size, the United States Constitution requires only one court but allows Congress to create more as needed. That is the foundation for the current multilevel court structure. In these federal courts, important decisions are made by appointed judges concerning federal legislation and constitutional rights of citizens.…

    • 582 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court has an uncommon part to play in the United States arrangement of government. The Supreme Court is the last judge in all cases including laws of Congress, and the most elevated law of all — the Constitution. The Supreme Court rulings throughout the years have begun to make a very big divide between people in the country. There are many controversial court cases that the Supreme Court has ruled on that has been met with back lash from both sides of the political spectrum. There has also been policy issues that have been created over the years that has further divided people.…

    • 367 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Three-Tiered Court System

    • 574 Words
    • 3 Pages

    Explain the three-tiered structure of the Federal Court System and compare it to the three-tiered structure of the California Court system? What is the purpose and function of each level The three tiered structure of the Federal Court is represented by the US District Courts, US Circuit Court of Appeals and the US Supreme Court's. Each individual level serves as a different function during Criminal and Civil Cases. The three Tiered Structure of California is represented by the Supreme Court, Courts of Appeal as well as Trial Courts.…

    • 574 Words
    • 3 Pages
    Improved Essays