...Structure of the Courts Paige Michaud- McClorey CJS 220 June 15, 2011 Jodi Delgado Structure of the Courts Three branches separate the government: executive, legislative, and the judicial each have distinct areas of responsibilities. I would like to start my Court System Structure for the State of Ohio from the bottom and work my way up to the top. Structure for the State is state appellate courts, and state trial courts. Sources of law consist of the state constitutions, state penal codes and local ordinances. These are laws enacted by state and local governments. Federal structure involves the federal appellate that is a five-judge panel and the federal trial courts. Sources of law are the U.S. Constitution, Code of federal regulations, and United States Code. These are laws enacted by Congress or executive agencies. Although the Mayor’s Court is not part of the judicial branch of Ohio government, Louisiana and Ohio are the only two states where mayors can preside over a court. They hear cases in violation of state traffic laws and local ordinances. Municipal and County Courts these courts are created by the General Assembly. Both courts have the authority to hear felony cases, and jurisdiction over traffic and non-traffic misdemeanors. Municipal and County Court judges must be attorneys with at least six years’ experience in law. A court of Claims judge assigned by the Chief Justice hears cases involving suits against the state such as property damage, discrimination...
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...separate state court systems and an extra court system for the District of Columbia, yet there is only one federal court system. I live in the state of Maryland. The court system of the state of Maryland shares similarities with the federal court system, yet, the systems are different. Each court system has its own structure. There is a difference in the source of laws. Also, the types of cases that are heard in the court system of Maryland are dissimilar than what is heard in the federal court system. The federal court system and the state of Maryland’s court system are each made up of three levels of courts. The federal court setup is made up of the following: the district courts, the U.S. Court of Appeals, and the United States Supreme Court. The state of Maryland’s court system consists of appellate courts, circuit courts, and district courts. The courts are similar when it comes to the structure of the systems. The sources of laws for the federal court system and the state of Maryland’s court system are different. The federal court system’s sources of laws are the U.S. Constitution, the Code of Federal Regulations, the United States Code, and laws enacted by Congress or executive agencies. The Maryland Annotated Code and laws enacted by state and local governments are Maryland’s source of laws. Federal courts conduct trials for federal crimes including the following: treason, mail fraud, counterfeiting, etc. Also, the federal courts hear felonies...
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...Structure of the Courts Student Name CJS/220 Due Date Instructor State and local courts are established by a state. Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress. Here in the state of North Carolina, the differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear. North Carolina State courts have a broad jurisdiction, so the cases individual citizens are most likely to be involved in such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in the states court. The only cases that the state court is not allowed to hear are lawsuits against the United States and those involving certain specific federal laws such as criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. The Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Suppose a North Carolina State law forbids slaughtering animals outside of certain areas. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom. Some kinds of conduct...
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...Structure of the Court When looking at state and federal law, one will find many similarities but many differences as well. There are three main components to courts and the foundation of them, these would be: law making ability, structure and cases heard. There are just enough differences so that figuring out which is which can be confusing. Let’s look at who supersedes who. When a law is passed if it be in federal courts or state courts it pretty much goes the same way, either the House of Representatives or the Senate can create a bill to be put up for a law. In order for this bill to pass as a law it requires a few things, first it requires two thirds of the majority vote, next it requires either the president (for federal) or the governor (for state) laws. Now let’s look at the structure of state or federal courts. In the state of Illinois there are three different branches of courts, you have the Supreme Court, the appellate court and the circuit courts. Each branch has its own duty and its own set of judges. In Illinois there are five districts, in the Supreme Court there are seven elected judges – one for Cook County and the other four districts each have one. On the Appellate Court level there are 38 elected judges – eighteen for Cook County (first district), districts three and four each have 4 appellate judges and districts two and five each have six judges. This may seem like there are not enough knowing that Illinois has 102 counties and these judges cover the...
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...are used in order to protect the society while Civil Law disputes cases between companies or individuals; private parties. If any one indulges in any criminal acts in a business or in society, they are held responsible and would have to face the consequences. In a business corporation, one would not want to get caught in any criminal acts, even though it still gets done sometimes, knowing that it could tarnish their reputation as well as the businesses and that encourages them to abide by the laws. The purpose of Civil law is for the private party to have their primary or sanctioning rights. This helps business and those who work in the businesses to respect each other’s rights and give guidance. The structure of Criminal and Civil laws are the same in New York State courts structure. There are...
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...of Illinois that their state court website would be a little easier laid out and better to understand, but I found it quite the opposite. Therefore, I chose to do this assignment on the state of Ohio. I look at Iowa, Indiana, and Ohio and just liked how Ohio’s website was laid out. In every government there are three different branches: executive, legislative, and judicial. What does each of them mean? Executive branch is responsible for carrying out the laws of the state, legislative state is given the power of legislating which means to make or enact laws for a state, and lastly judicial is responsible for the administration of justice. These three branches are so very important to every state and make the government go round’, without the legislative branch the executive branch would not even seize a purpose and without the judicial branch we would not have a set standard of the way we handle things when laws are broken. The structure in the courtroom in the state of Ohio is as follows: state appellate courts, and state trial courts. When dealing with law they follow an outline of the way things need to be ran just like everyone else. Therefore the sources are state structures, state penal codes and local regulations. State structures, state penal codes and local regulations obviously differ state by state and every state has different local rules and regulations. Federal structure is a little different from state structure. Federal structure is centralized and universal...
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... The federal systems consist of three courts. Those courts are the Supreme courts, courts of appeal, and district courts. They all play a major role in the federal systems. However, the federal systems are different from our state courts structure. The courts of Wisconsin’s court system are the municipal, circuit, court of appeals, and the supreme courts. They both differentiate in various amounts of areas. In this assignment, the roles and functions of the law will be discussed and explained. Federal Courts Structure vs. Wisconsin Courts Structure The federal system of government in which power is shared between the federal government and the state governments. The federal structure starts with the lowest level, which is district courts. The district courts have no jurisdiction. The next level would courts of appeal, and the last level is supreme courts. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. The Supreme Court is the highest court in the United States. The Wisconsin courts structure starts with municipal courts, which has no jury trials. The next level would be circuit courts. Circuit courts may have jury trials in most cases. Federal courts and state courts are two parallel sets of court with different and sometimes overlapping jurisdiction. . Depending on the dispute or crime, some cases end up in the federal courts, and some end up in state courts. Concept of Judicial Review The concept...
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...1. Compared with the present fee structure, the new membership plan and fee structure certainly will help improving CRC’s ability to plan its cash receipt. Under the present fee scheme, revenue is generated from both membership fees and hourly court fees. However, membership fees just accounts for a comparatively small proportion of income of the entity, whilst hourly court fees is main source of its income. Due to the variable rates on different seasons, peak and off-peak seasons, and accordingly different estimated court usage in those times, it will be quite difficult for CRC to predict its future cash receipts. Although the facts that most of current membership will expire on September and the peak season for racquetball normally starts from September indicates that there will be a substantial amount of cash receipts during the early part of the peak season because of the renewal of the annual membership fees and heavy court usage, it still will be hard for CRC to estimate its cash receipts during the summer. However, in terms of the new membership scheme, membership fees will be the only source of revenue for CRC. Besides, the original three categories of members (individual, student and family) will be reduced to two categories (individual and family). Therefore, it will be easier for CRC to plan its cash receipts since there will be less uncertain factors that have influence on the entity’s cash receipts. To be more precise, as the membership fees will be collected...
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...Role and Function of Law University of Phoenix ETH/321 Role and Function of Law Laws are normally a structure of rules that are imposed through social institutions with the attempt of governing the behaviors of individuals, companies or states. They are developed by the executive (through regulations and decrees), legislatures through legislation or by judges through binding precedents. On the other hand, a court is tribunal that has the mandate of passing legal judgments between various disputing parties, and ensuring the administration of justice in criminal, administrative and civil issues in accordance with the rule of law. Both laws and courts have vital roles all other sectors of given nation including political and economic sectors. This paper compares the roles of laws and the courts in the contemporary business environments, the similarities and differences of federal and Michigan’s state court structure, an analysis of judicial review concept and how laws affect the auto industry. Roles of laws and courts in the contemporary business environments Laws enhance economic growth by allowing free competition among businesses that exists in a given state. These provisions of free competition sensitize businesses adopt necessary competing strategies such as producing high-quality products or services. The law protects businesses from unfair competition through inspecting the quality of most produced products, and regulating their market prices. Laws also define ways...
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...Court Issues and Victims’ Rights Court Structures and Issues In the 1920s, one of the reasons for the creation of municipal courts was to relief the congestion of cases within the superior courts. The 1998 decision by California to eliminate municipal courts was to provide more judges at the superior court level. The thought was that it could help reduce the caseload at superior courts. Therefore, 70 years later we are back to the way it was before. Many dynamics lead to those two decisions. Criminal behavior in our society continues to change and public pressure drives the need to change laws. Both those changes were made for different reasons and had merit when they were being implemented. There are advantages and disadvantages to the 1998 proposal to consolidate. In addition, to implement the change the court administrators needed to take actions that would help make the consolidation work. Caseloads are still on the rise so an additional recommendation was to create specialized courts that benefit the community. Advantages of Consolidating Municipal and Superior Court The state funds trial courts. Depending on the jurisdiction, those courts are called city courts, municipal courts, county courts, circuit courts, courts of common pleas, district courts, or magistrate courts. Technically, most of the lower courts are not part of the state judicial structure because they are the creation of, and funded by, either city or county governments. In several states, judges of...
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...the United States Supreme Court addressed the legality of Kentucky’s income tax exemption for interest on municipal bonds issued within the state. Kentucky tax law requires that only earned interest income on bonds issued out of state be taxed as part of an individual’s adjusted income. All earned interest from in state bonds is exempt from inclusion in an individual’s adjusted income. Kentucky residents, George and Catherine Davis, filed a class action complaint on the basis that Kentucky’s tax law is in violation of the dormant Commerce Clause of the United...
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...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...
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...Court History and Purpose Leonard Navarro CJA/224 March 11, 2013 Greg Dorfman Court History and Purpose The American court system has become a strong organized machine. There are two types of court systems in the United States of America. The two court systems are the state courts and the federal courts. These two systems are known as the dual-court systems. The dual-court system is the result of an agreement that was made between our nation’s founders about the need for individual states to keep significant legislative authority separate from federal control. “One of the most important, most interesting, and, possibly, most confusing features of the judiciary in the United States is the dual court system; that is, each level of government (state and national) has its own set of courts”. (IIP Digital, 2013) Prior to the adoption of the Constitution, the United States was governed by the Articles of Confederation. The dual-court system divided the court systems into two separate divisions. The two systems are the state court system and the federal court system. Under this new idea of two separate systems, this developed a loose federation of semi-independent provinces. This meant that new states that wanted to join the union were assured of limited federal intervention in local affairs. This allowed state legislature to create laws. This required the state court systems to hear cases that laws were violated in to be heard. The structure of the court systems...
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...Traditional structures are nonprofit incorporated or unincorporated associations of clubs, where each member club has separate as well as independent ownership of said club. Depending on which sport the club is in, there will be different rules concerning club ownership. There are advantages as well as disadvantages to being a traditional structure. The main advantage of a traditional structure is that it’s promise for potential profits for anyone who wants to make an investment. The main disadvantage of a traditional structure is the potential liability of the necessary agreements among the owners in that they go by “for the good of the league as a whole.” Single entity structure is different than the traditional structure. In a single entity structure, teams argue that they are a single entity because it offers a league-generated entertainment product rather than a collection of individual entities in an economic competition with one another (Sharp). There have been cases about single entity structures. One case was when a group of soccer players from the MLS sued the league. The players stated that the MLS used the single entity structure as an attempt to restrain any trades by limiting economic competition among teams as well as the MLS was depressing player salaries. In the end, the courts ruled against the players upholding the validity of the single entity structure. The way the MLS is set up is unique in that it is a combination of elements from a single entity structure along...
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...Under traditional principles of intellectual property protection, copyright law has served as the principal source of legal protection for literary and artistic work, while the patent system and trade secret law have been the primary means for protecting utilitarian works. Computer software as a relatively new recipient of copyright protection, however, defies easy categorisation within the traditional framework of the intellectual property system. 1 With respect to computer software, courts have had to grapple with the vexatious issue of drawing a precise line between copyrightable expression of computer software and the uncopyrightable processes that they implement. The present paper seeks to study some of these themes and the principles enunciated in judicial decisions in clarifying the issue. Computer software as literary work It is a well-established proposition that computer programs2 are copyrightable subject-matter, just like any other literary work.3 Loading a program into computer memory, saving the program or running it without authority may infringe copyright. Making an arrangement or altered version of the program or converting it into or out of one computer language or code into a different computer language or code is also an infringement. It is a well-established proposition that computer programs are copyrightable subject-matter, just like any other literary work. Loading a program into computer memory, saving the program or running it without authority may...
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