During the Civil Era, state courts were in disagreement or dispute
During the Civil Era, state courts were in disagreement or dispute
Another example of federal versus state laws was Pennsylvania vs. Nelson. This case involved the federal governments Smith Act which makes it a crime to advocate for the overthrow of the government versus Pennsylvania’s Sedition Act which prohibits it. Pennsylvania claimed there law superseded that law because it came first. However…
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.…
There are only two states in the U. S. with a bifurcated courts system, which means two separate high courts, one for civil matters and one for criminal appeals. In the state of Texas, there is the Texas Supreme Court and the Texas Court of Criminal Appeals. In this paper, it will be explained why these two courts are in place, what role they play in the courts system, and what service they provide. The Texas Supreme Court is in place in order to have the last word over civil matters arising from the lower courts in the state of Texas.…
The United States Constitution fixed this problem by placing a Supreme Court at the highest court in the nation, and lower courts created by Congress. Article III, Section 1 of the United States Constitution states, “The judicial Power of the United States, shall be bested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish…” (United States Constitution,…
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…
When it comes to federal and state courts their sentencing methods are different in away because federal courts deal with all federal crimes and the sentencing as well as the trial takes place in a federal court close to where the actual crime happen. Now in a federal court the judge uses a manual known as “The Federal Sentencing Guidelines” (avvo.com. n.d.). This helps them to calculate the penalties for a serious offense sentence. Unfortunately, this sentencing guideline cannot be used mandatorily; it is still used in helping make penalty considerations. Now in a state court penalties and sentencing are often guided by the state legislation.…
The Texas judicial system has been called one of the most complex in the United States, if not the world. The state of Texas is one of the seven states that uses partisan elections to select judges. Judicial selection begins with partisan elections and significant amounts of money for campaigning in order to win the election or reelection. Partisan elections influence the electorate in a consistent party label for the voting process. Another problem that the Texas judicial system lacks is the minority of representation on the bench.…
Tyler Junior College Aji Fatou Sakho Government - GOVT 2306 Sec 008 (12008) - Texas Government What are the advantages and disadvantages of federal and state judges? 10/16/15 Table of Contents 1. Definition of Federal Courts and State Courts a) Definitions and Types of Cases 2. Federal Judge a.…
Check and Balance means the influence and participation of each branch to other branches which prevents one branch is overpowered. The Legislative branch is a branch of Congress, which made up of the House of Representatives and Senate. Their main responsibility is to create laws. They have the power of impeachment towards the President and override vetoes with 2/3 the majority vote. Executive branch is where president work.…
What I find is that even though our representatives can make amendments to the original constitution and pass acts that are usually done in an effort to clarify the new laws however it is never that simple. Whenever someone sees something as black and white; someone else will see it as gray. Additionally, It seems that as a country; we need to send everything through the very long drawn out process of litigation in our overtaxed court systems. Furthermore, if you didn’t like the answer of the first judge gave. You have the right to appeal to a higher court all the way to the supreme court.…
Chapter 15 There are two universal categories of law that American court cases proceed under. These two are called the criminal law and the civil law. In the United States, there are court systems at both the federal and state level. The federal courts decide cases addressing federal laws, treaties with other nations, and the Constitution, while the state courts hear only cases involving questions of state law. Only a very small percentage of the cases decided are heard in the federal courts.…
The intent for the development of so many courts is apparent; to deal with crime. However, it can be argued that the vast number of courts detracts from the imposition of justice throughout the country. It appears to be the causation of different standards that effect punishments, and without standardization the system is unfair, and thus, collectively unjust. One standard across the board, would appear to be the most beneficial for every member of society.…
Introduction: The same laws apply to every member of the community regardless of any age. The courts and the police have duties to enforce the laws and assure a functional society. There is a hierarchy of courts which assure all members get the assistance they need to get their justice they deserve.…
If you go out and about within our country and you ask people if they knew very much about the United States court system, they will most likely tell you that they do not know very much about the court system unless they have been involved with the court system whether it be federal or state level. Most people do not realize that the court systems have three levels within them or that there is certain situation that will allow you to get to one level or the other. There is a whole lot of information that some people may not know. They may not know about judicial review and how it came about. Some people may not even know how justices decide the ruling of their cases.…
Philosopher, Jiddu Krishnamurti once said, “The ability to observe without evaluating is the highest form of intelligence.” (Vajda, 2009). However, every person on this planet is guilty of passing judgement on other individuals. Whether the evaluation be made in a local grocery store or in as contentious an environment as a United States courtroom, humans are all guilty of judging individuals by their perceived covers. In an ideal world, legal punishments would reflect officials’ objectivity toward permissible evidence, however, empirical research has revealed additional arbitrary factors.…