Free Essay

The Us Court System

In:

Submitted By cdhunt1400
Words 712
Pages 3
The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System Cassandra Jones PA101 Kaplan University Instructor: Emily Ryan

The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System

In this paper I will be writing about the organization of the U. S court system. The jurisdiction limits of the federal courts and their requirements for filing in that jurisdiction. I will also talk about the Ohio federal and state court systems and the similarities and differences of how they do their jurisdiction.

The U.S court system is made up of two different types of court systems; the federal and state court. The federal court is also made up of two different types of systems as well. The first federal court is Article III court and the second is the Article I court (United State Courts, 2010).

The Article III court got their name because as stated by the U.S courts “they derive their power from Article III of the Constitution” (United State Courts, 2010). The Article III courts are as followed the U.S District Court, the U.S Circuit Court of Appeal, and the U.S court of International Trade. These court systems judges are appointed by the President of the U.S with advice and consent of the senate and hold office during good behavior(United States Courts, 2010). There are ninety-four districts in the U.S for the U.S District Court, each state has at least one and some states have more depending on the size of that state.

The Article I court system area is as followed by the Magistrate Court, Bankruptcy Court, the U.S Court of Military Appeals, U.S Tax Court, and the U.S Court of Veterans’ Appeal. These types of court systems are established by Congress and usually the judges hold office for about fifteen years (United State Courts, 2010). Another court for the federal is the U.S Supreme Court, which is the highest court in the states. The Supreme Court has nine judges and sits in Washington DC (United State Courts, 2010).

The jurisdiction limits and requirements of the federal courts according to Article III, Section 2 of the U.S Constitution “the judicial shall extend to all cases in law and equity, arising under the Constitution, to controversies between two or more states, between a state and citizens of another state, and between a state, or the citizens thereof, and foreign states, citizens or subjects” (Goldman, & Cheeseman, 2011). Examples of cases that federal courts deal with are entitlements to social security claims and someone violating federal laws. The federal courts deal with diversity of citizenship cases where the amount in question exceeds seventy-five thousand dollars, and when they deal with these cases they are required to apply the state laws (Goldman, & Cheeseman, 2011).

The Ohio federal and state court similarities and differences are as followed. The similarities are federal and state both can work on cases that are of traffic violations and some felony cases. They are parallel in which they both can work on the same case but if the amount exceeds seventy-five thousand then the federal courts usually deal with the higher amount cases, for example on environmental regulations.(United State Courts, 2010). The differences of the two are that the state can work on most private contract disputes except those resolved under bankruptcy law where the federal courts only work on those cases (United State Courts, 2010).The federal court works on cases that are found to be “cases of public interest” (The Supreme Court, 2011). The state court works on cases like divorce, child support and juvenile cases.

References

1. United State Courts, (2010). Judicial branch of the u.s. government. Washington, DC: Administrative Office of the U.S. Courts . Retrieved from http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx: 2. The paralegal professional. Upper Saddle River, NJ: 2008 Pearson Education, Inc.492 Goldman, TF, & Cheeseman, H R. (2011). The paralegal professional. Upper Saddle River, NJ: 2008 Pearson Education, Inc.219 3. The Supreme Court of Ohio and the Ohio Judical System, (2011). Court system Columbus, OH: Retrieved from http://www.supremecourt.ohio.gov/JudSystem/default.asp

Similar Documents

Free Essay

Us Court Systems

...The U.S. Court Systems Gabriella Robinson February 21, 2012 U.S. Court System 1 Throughout this paper, I will explain the organization and functions of the federal courts, describe the jurisdiction of the federal courts as well as what filing needs to be done within the court system. I will also be naming several different court levels as well as listing similarities and differences throughout each courtroom. Within the federal court system there are 3 organized divisions. First, there is the Supreme Court which is said to be the “highest court in the land”. Second, the U.S. Court of Appeals and last but not least, the U.S. District Courts. The federal courts hear cases that involve the laws that concern the Constitution, the laws and/or treaties of the U.S., Ambassadors and Public Ministers, disputes between two or more states and bankruptcy cases. The federal courts only exercise judicial powers, meaning the “courts decide controversies by issuing decisions in each case and the rationale for that decision”. Another exception to the rule is diversity of citizenship, which means that in such a case the Diversity of citizenship occurs if the lawsuit involves (a) citizens of different states, (b) a citizen of a state and a citizen or subject of a foreign country, and (c) a citizen of a state and a foreign country is the plaintiff. A corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business...

Words: 884 - Pages: 4

Premium Essay

Development of the Us Court System

...Image of the Nursing Profession The first impression one has on a subject or issue can change the rest of his life. That is the case that happened to me prompting me to pursue a career in nursing which I do not regret. So it happened that at the age of nine years, we had a neighbor who had recurrent asthma attacks and not having a means of transport they could come to our place and request our father to drive them to the nearest medical center. I used to go since the car had ample space. Throughout the visits I came to admire the role of the nurses, how they could take the sick neighbor who was struggling to breathe and assure us that she will be well in a while. And so I decided that when I grow up I want to impact a change onto the lives of people by playing a similar role. It feels great when one handles a patient and see him/her recovering. The first image that I had of a nurse changed my whole life. I perceived a nurse to be a person who had the power to give people the hope of life. Someone who could avert the situation when it seemed a person was at the blink of death. Over the years, this image has not changed. Though I have been introduced to more concepts that I didn’t know when I was making the choice I feel that the first image was correct. Nurses play a great role in the society and I am glad for the change I have impacted as I do my practice. Many people are influenced different and they have different perceptions towards nursing as a profession and the...

Words: 623 - Pages: 3

Premium Essay

Judges in the Us Court System

...figures in the court room, and in the criminal justice system. Judges make decisions that affect the lives of many, yet many judges do not have any legal training and have never been lawyers. When it comes to the issue of whether or not judges should be elected or appointed, it becomes very political. Appointed judges seem to be favored among a certain political party and are appointed based on the fact that they will serve the courts based on the beliefs of the political party that appointed them. One theory that supports judges being appointed is “Twenty-four states have used merit selection to pick judges for decades, so that judges can be screened for experience, intellect and judicial temperament, and not face a tidal wave of special-interest money seeking to tilt the scales of justice. Research shows that elected judges are disciplined at higher rates, and for more serious infractions, than are their appointed counterparts ("Why judges should,”)”. The election of a judge may introduce conflicts of interest during trials, however, elected judges will be held accountable to the public. I believe an appointed judge is the higher road to take. They may not always have legal training, but they are known within the judicial system. It also removes the issues with election money and accusations of “being bought”. There has also been research that supports my opinion that appointed judges are the best fit for the court systems. “State supreme court justices...

Words: 436 - Pages: 2

Premium Essay

Historical Development of the Us Courts System

...Historical Development of the U.S. Court System Denise Willaims CJS/200 The United States has a dual court system that consists of state courts that primarily hear civil and criminal cases related to state laws and federal courts that primarily hear civil and criminal cases related to federal laws. The U.S. Constitution designed the federal and state governments to share power. Both courts were put into place to seek to resolve legal disputes and promote justice whether it be to protect your civil rights or to protect your personal property. The American court system is rated one of the highest in the world in comparison to other countries. It prestigious qualities ranks it higher than almost any other country in the world. The United States seems to hold a higher regard for human life that of our surrounding countries. Most of the crimes in the United States are not crimes that are punishable by death, whereas what the United States considers a misdemeanor, could be punishable by death in another country. In the United States, we also get a fair trial which you are represented by a lawyer who is paid to act in your best interest. In other countries, you may not get a lawyer, or even a trial for the crimes you are accused of committing. Most countries depend upon statutes or written law. It includes laws formally put into play by parliaments or central...

Words: 275 - Pages: 2

Premium Essay

Public Policing vs Private Security

...Court System of the United States Curtis Sweed May 19, 2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail...

Words: 1163 - Pages: 5

Premium Essay

Checkpoint Week 2 Cjs 220

...300-word response comparing the court system of the state in which you live and the federal court system. If you are not a resident of the United States, choose any state’s court system to compare with the federal court system. Compare these two systems by structure, source of laws, and the types of cases that are heard. I live in the state of Florida in the court system is so different from the federal system. I think that Florida is a strict state when it comes to certain crimes that are committed and the court system gets involved. In Florida the structure of the state court is setup in 20 judicial circuits which there is a state attorney that represents the state in the prosecution of state law violations in either county or circuit courts. In Florida the highest court system which would be the court the Supreme Court for the state is located in Tallahassee and there is also a District Court of Appeals. There is five districts which they are located in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach. Cases are reviewed by three judge panels. In with the state court you have the option to ask the highest state court to hear the case. When it comes to a case only certain ones are eligible for review by the US Supreme Court. When you compare the state with federal court system it is basically set up for congress that has the power to establish the 13 US courts of appeals, the 94 US District courts, the US courts of claims and etc. So, if...

Words: 496 - Pages: 2

Premium Essay

Court

...attending court everyday for different reasons. Those reasons can be for traffic violations, civil law suits, or unlawful criminal acts that are committed. These acts are all handled and disputed in a court of law. The courts are empowered to make fair and blending decisions upon the facts that are provided through out the court hearings. As we know there are two types of courts such as civil court and criminal court and it is very important that we understand the differences between the two. The civil courts handle resolutions between private parties that usually consist of one party suing one another for some type of monetary damages. The criminal courts alleged offenders that are suspected for crimes that they committed and which at times they end in freedom for the offender or and prison cell. The court system is judicial brunch of government which the defendants go before a judge and their peers and to defend their innocence of a crime that they committed. The major role of the court is to settle people’s disputes in a civilized manner. Our court system is divided into four major components which are to uphold the law, protect individuals, resolve disputes, and reinforce social norms. The Untied States court system is run by a dual court system. There are two types of systems that make up the dual court systems and they are the Federal and State. The dual court system refers to the fact that the US has a federal court system and forty separate state court systems. The state...

Words: 748 - Pages: 3

Premium Essay

Court and History Paper

...Court History and Purpose Paper David Kinlock CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner...

Words: 715 - Pages: 3

Premium Essay

Material Related to Mba

...Legal Aspects of Management Project Report on Case of NTP vs RIM PATENT INFRIGMENT CASE Submitted to:- Submitted by:- Mr. Maneesh Yadav Dheeraj SurI JL12PGDM060 ------------------------------------------------- Company Background RIM Mike Lazaridis founded the wireless device company Research in Motion (RIM) in 1984 which has its headquarters in Waterloo, Ontario. Their best known product is the Blackberry handheld communication device. RIM not only produces the BlackBerry, but also develops its own software for its devices as well as developing and selling embedded wireless data components ("Research In Motion"). In 1999 the first BlackBerry was released. It used the same hardware as the Inter@ctive pager 950 - a pager RIM worked on with RAM Mobile Data and Ericsson. The first BlackBerry also ran on the Mobitex network which was developed by...

Words: 3027 - Pages: 13

Premium Essay

Essay 2 Notes

...The primary function of the federal courts is to apply and enforce all federal laws created by Congress. These laws, in the form of statutes or codifi ed law, include a large body of federal criminal laws that range from violations of environmental laws to treason and piracy. (Chapt. 8, p. 12) The federal courts have a second and perhaps even more important function: They are continually called on to test the constitutionality of federal and state legislation and of court decisions. (Ch.8, p.13) At the lowest level of jurisdiction are the federal magistrates, formerly called United States commissioners. The magistrates not only have trial jurisdiction over minor federal offenses, but they also have the important task of issuing warrants of arrest or search warrants to federal law enforcement offi cers, such as agents of the Federal Bureau of Investigation and the Drug Enforcement Administration. Congress expanded the power of the federal magistrates by allowing them to “undertake virtually any task performed by district judges, except for felony trials and sentencing. (Ch.8, p.13) The trial courts in the federal system, called United States district courts , have both civil and criminal jurisdiction. (Ch.8, p.13) An appeal of a conviction in a federal district court is heard by a United States circuit court of appeal . The last handles appeals that originate anywhere in the country when they pertain to such matters as patents and copyrights, some...

Words: 1631 - Pages: 7

Premium Essay

Adversary and Civil System

...“adversary system” and the “civil system” I found them both to have different approaches to obtain the same results, “the truth”. The court procedures in a civil system vary from country to country. The adversary system is more effective in having a fair trial. This system uses two attorneys to represent their respective clients. There is also an impartial judge (and jury if needed) to render a verdict. The jury is group of 12 peers that are sworn to listen to the facts of a case. Jurors are questioned by the prosecution and defense to try to insure they are not biased. A unanimous decision is required for conviction. While opposing attorneys are to represent their clients to the best of their abilities they are also officers of the court. As officers of the court lawyers have an ethical duty to tell judges the truth. In the civil system the judge establishes the facts of the case, brings charges, gathers the evidence, and questions plaintiffs and defendants. Attorneys play a less active role in defending their clients, they are charged with finding the truth. In a criminal trial the decision is made by a judge or group of judges and a small group of lay assessors. Lay assessors are selected randomly from the population. They are not questioned by the prosecution or the defense, so they could be biased. A two-thirds majority is usually required for conviction. The US Constitution gives us certain rights that the civil law system does not. For example in the US, you have the...

Words: 724 - Pages: 3

Premium Essay

Cja 483 Criminal Justice System ( a+Material )

...CJA 483 criminal justice system ( A+Material ) Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/cja-483-criminal-justice-system-amaterial/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) CJA 483 Choose a component of the criminal justice system: police operations, court systems, or corrections. Write a 700- to 1,050-word paper that answers the following questions: a.What is your definition of justice as related to the component you selected. b.What are three current practices of the component selected that demonstrate the successful achievement of your definition c.What do you see as the three biggest challenges in the next 10 years for the component. Format your paper consistent with APA guidelines. Abstract Jenkins (2011) contends that Americans have increasingly turned toward the American court system as a matter of redress and protection (p. 1). Seeking justice from a dualistic entity charged with fairness, interpreting and honoring the law, ensuring retribution is granted when warranted and protection from abuses of authority and/or due process is maintained in accordance with the Constitution and federal and state statutes, the court system balance these dualistic duties and obligations to society and the government (p. 1, 2). Since September 11...

Words: 5526 - Pages: 23

Premium Essay

Courts and Law

...case study we will be taking a close look at the United States legal system and how it became what it is today. Research issue or case/code chosen: Where did our legal system originate from? Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies or overpayments in...

Words: 679 - Pages: 3

Free Essay

The United States Dual Court System and Its Historical Developments

...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...

Words: 864 - Pages: 4

Premium Essay

International Legal Ordwer

...(disputes) is the first word in book I of Hugo Grotius’ foundational text De Jure Belli ac Pacis(The Law of War and Peace, 1625). Much modern scholarship in international law has followed this strand of Grotius’ thought in orienting the subject to the problem of managing disputes. Since the late nineteenth century, generations of leading scholar-practitioners have shaped a view of international law which emphasizes legal doctrines and materials related to disputes: the specific rules one party to a dispute may invoke against another, the sources (e.g. treaty, custom) to which an international court will look to identify international law rules, the general principles (e.g. acquiescence, abuse of rights) that international courts have borrowed from national legal systems to help deal with international cases, the foundational principles of international law (e.g. state responsibility) enunciated by courts, the precedential implications of a specific decision or a specific settlement agreement. This focus owes much to the sociological model of the successful international lawyer as it developed in the English and French traditions of international law over the past century: that of the academically respected practitioner, primarily the world–wise professor-counsel or the erudite lawyer–civil servant, whose career involved both scholarship and representing litigants in the management of disputes, and might eventually culminate in becoming a judge or arbitrator in an international tribunal...

Words: 3315 - Pages: 14