Differences Between the State and Federal Court System

In: Other Topics

Submitted By mmonkey05
Words 580
Pages 3
DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 2

Differences Between the State and Federal Court Systems
Both the state government and federal government have their own separate court systems. They select their judges differently, hear different types of cases, and are structured a bit differently as well.
The states use different types of ways to select their judges for their courts. In some states, voters get to vote for their judges during elections. In other states, the governor appoints their judges. Each state indicates the number of years that the judges will serve. In the case for federal judges, they are elected differently. The President of the United States nominates the judges and then the Senate confirms each nomination. Typically, federal judges hold office for lifetime, unless they are impeached. Judges can be impeached for misconduct and have to go through Congressional impeachment proceedings.
Different types of cases are heard in state and federal courts. In the state courts, typically, criminal cases, contract cases, family matters, etc. are heard. In the federal courts, cases that are heard are those that involve violation of laws of the United States, public ministers, bankruptcy, disputes between two different states, etc. Depending on each case, the case will be heard upon the state court or the federal courts. This is due to the different laws each state has. For example, Illinois’ laws are different from those of Florida’s laws. If the case involves state laws and doesn’t interfere with the United States Constitution, the state courts will hear the case not the federal courts. If cases do interfere with the U.S. Constitution, the federal courts will hear the case not the state courts.
DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 3
The structure of the state courts are set…...

Similar Documents

What Is the Difference Between a Nation and a State and Why Are They Often Confused?

..., but it contains within it a system of several different countries and nationalities. None of these countries have individual sovereignty and there are many regional differences with strong nationalistic aspects but they’re not considered to be individual countries. Secondly, a number of nations do not have a state, many of the problems that a nation state must deal with have become much more international. For example markets are increasingly international, crime now operates between different countries and environmental problems do not recognise national boundaries. Thirdly, some nations cross state boundaries, movements have sought to unite ethnic groupings such as Pan-Arabism and pan-slavism which promotes exclusive racial unity without a sense of superiority. Lastly, some nationalisms are content with a measure of self rule, cultural forms of nationalism have arisen seeking a degree of autonomous control over cultural institutions but not general independence. For example the Welsh Assembly that was established in 1998 has some control over education, the arts, sports and the Welsh Language....

Words: 644 - Pages: 3

Federal Powers vs State

...American Government FEDERAL POWERS VS STATE POWERS Based on what I have gathered in the lectures Federal Powers are based on more of a national agreement as a whole with declaring what national laws that needs to be made. For instance declaring war as well as raising and maintaining the army and navy. Federal Powers also made laws to enforce the Constitution, and implying powers based on the elastic clause powers that were considered “necessary and proper” for carrying out the enumerated (or express) powers. Based on my research with what I learn through the lecture and web browsing and example of the elastic clause was back in 1791, Federalists in Congress argued that the creation of a national bank was “necessary and proper” for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress’s right to found this national bank. Then we have our three branches that help divide federal powers responsibilities which are the executive branch were the president implements the laws, the legislative branch were the Congress makes the laws, and the judiciary branch where the court system interprets the laws and decided legal controversies. Whereas, the State Powers Exercise powers neither delegated to the national government nor prohibited from the states by the U.S. The lecture used example like being able set legal drinking and smoking ages. State Powers also focused on establishing local...

Words: 450 - Pages: 2

Federal Court

...Federal Court vs. NC State Court Danielle Paul CJS/220 06/05/13 Reginald Anthony Federal Court vs. NC State Court The NC state court system structure is as follows: the highest court is the Supreme Court, then the Court of Appeals, Superior Court and District Court. The Supreme Court hears mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile and disciplinary cases, as well as discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the executive and legislature. The court of Appeals hears mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original and interlocutory proceeding cases, Superior court hears tort, contract, real property rights, miscellaneous civil cases, exclusive estate, administration agency appeals jurisdiction, felony, misdemeanor and criminal appeals. District Court hears tort, contract, real property rights, small claims, mental health, civil jurisdiction, domestic relations, misdemeanor, DWI/DUI, traffic violations, juvenile jurisdictions and preliminary hearings. The Federal Court system consists of the Supreme Court, being the highest, District Court, and Appellate Courts. The U.S. Supreme Court hears a limited number of cases that usually start in the federal or state courts and are usually concerning questions about the Constitution or federal law. The District Courts are the trail courts of the...

Words: 344 - Pages: 2

State and Federal Prison System Paper

...State and Federal Prison System Paper Tashia Coffiel CJS/230 July 22, 2012 Jason Skeens State and federal governments maintain closed correctional facilities to house convicted felons. Prisons are usually categorized according to their level of security and inmate populations as maximum-, medium-, and minimum-security institutions. A state prison is where those that are convicted and are sentenced through the state court for crimes that they have committed. State personnel man the state prison and federal government runs the federal prisons. Federal prisons are for those that commit federal crimes and are prosecuted by the federal government. Although they are built nearly the same the difference is what the two prisons are used for. The state prison is very similar to federal prisons that both incarcerate/rehabilitate and execute offenders. The states have areas of responsibility on enforcing criminal laws and then you have the federal government that there responsibility and enforcement of laws. Federal laws are more serious than crimes n the state courts. The penalties for federal crimes are harsher than state crimes. Federal crimes are usually geared towards immigrations, drugs, bombing, terrorism, money laundering, etc. while the state is geared towards state crimes like murder, rape, theft, etc. The prison system for the state is devised of a network that holds most of the U.S. prison populations. The beginning of the penitentiaries in each state...

Words: 408 - Pages: 2

State and Federal Prisons

... inmate committed. I believe that an inmate that sees a program to completion is possibly dedicated to changing their behavior in order to avoid becoming a repeat offender. The security levels in state and federal prisons are maximum-security, close-high-security, medium-security, minimum-security, and open-security. The differences in these levels are: (1) maximum-security prisons have more rigorous security procedures and the lowest ratio of inmates to guards; (2) close-high-security prisons are less restrictive and have a higher ratio of inmates to guards; (3) medium-security prisons are a little more restrictive than close-high-security prisons and the inmate-to-guard ratio might be “twice that of the maximum-security prison; (4) minimum-security prisons have minimal perimeter security and fewer internal controls as well as a higher inmate-to-guard. Following the terrorist attacks of 11 September 2001, a revolution has been underway in the relationships of federal, state, and local homeland security, law enforcement, and intelligence organizations. At the federal level, the Department of Homeland Security (DHS) has been created, the “wall” between law enforcement and intelligence has been nearly obliterated, some law enforcement organizations are being directed to become more like intelligence agencies, and the foreign intelligence community is being fundamentally reformed. The impact of these changes has been even greater at the state level: state governments have been......

Words: 504 - Pages: 3

Federal Court Powerpoint

...Case Law and Statutory Law Katrina Allen Kaplan University 1. Gregory Lee Johnson was charged with violating 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Which means he wrecked something that is deemed important or sacred. (The American Flag) 2. This law was made and passed in the state’s legislative branch. 3. Everyone that was there was probably affected in some way or another. But it started with * Gregory Lee Johnson * Dallas Police Dept. * Dallas County Criminal Court * Texas Court of Appeals 5th District * Texas Court of Criminal Appeals * State of Texas * United States Supreme Court 4. * Texas Court of Criminal Appeals * Texas Court of Appeals 5th District * Dallas County Criminal Court 5. The United States Supreme Court stated that it was against Gregory Lee Johnsons First Amendment rights of expressive conduct. 6. The statute did not meet the states goal of preventing breaches of peace. Which means a person must intentionally disrupt the public a certain way. (www.legalmatch.com) 7. Case law is a law that is established by judicial decision. Ex. When I went to court to have my child support amount changed, the Child Support Recovery Unit (CSRU) had his amount at $978, however in his bonus from work were included in the figuring of this amount. His lawyer brought other court cases where judges have declined to have that amount in there. So...

Words: 377 - Pages: 2

Federal vs State Policy

...) to carry out such policy, According to "Labor Relations and Collective Bargaining" (2013). The Supreme Court became responsible for determining what role the state law was supposed to play on management-labor issues, According to "Labor Relations and Collective Bargaining" (2013). Furthermore, the court is required to determine whether the state regulation was in direct conflict with existing federal laws. There are differences between the state and federal court systems. The state courts handle all the issues that are against the state. The federal courts cannot step into a state case unless the crime can be considered a federal crime. Policies, whether federal or state government established, must proceed through the same set of steps to become a recognized law. The first step of this process is the identification of a specified problem, this will decide the need for the policy, and this may be done by researching high profile or necessary problems by means of the public thus forcing the governments to act more swiftly in finding a solution. In Conclusion the comparison of laws and policies are written in different aspects of the criminal justice system. Some of these policies are written within the federal government and some are written on a smaller scale in the state government. The two seem rather simple to understand on the surface. The federal government handles the entire United States whereas the state government handles just what it says and that is......

Words: 1047 - Pages: 5

Law 531: Typical State Court System

...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service...

Words: 693 - Pages: 3

Court System

...Overview of the United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court...

Words: 1226 - Pages: 5

Differences Between the State and Federal Court System

... from those of Florida’s laws. If the case involves state laws and doesn’t interfere with the United States Constitution, the state courts will hear the case not the federal courts. If cases do interfere with the U.S. Constitution, the federal courts will hear the case not the state courts. DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 3 The structure of the state courts are set up a bit differently compared to the federal courts. In state courts, cases are first heard in trial courts, here trials are held and testimony is taken. There are two different state trial courts, general jurisdiction and limited jurisdiction. Limited jurisdictions are usually small claims courts where many times lawyers are not required. General jurisdiction is jurisdiction above limited jurisdiction. They hear a variety of subject and sometimes hear appealed cases from limited jurisdiction. The appellate court is after trial courts. Here, the appellate courts focus on question of the laws that are being disputed. They review the application of the laws making sure laws are being followed. After the appellate courts is the highest state court. The decisions made by this court are all final, unless the United States Supreme Court overrules any decisions. The federal court system has U.S. District Courts, which is equal to the state trial court of general jurisdiction, except it deals with federal matters. There are different types of district courts that are specialized for......

Words: 580 - Pages: 3

State and Federal Prison

...Jail and Prison Paper Tameki Reed CJA/204 05/31/11 Robert White Jail and Prison Paper When it comes to jail and prison, there is a distinctive set of differences. Jail is a place of incarceration that is locally operated, while prisons are conducted by the state government or the federal government. Within the United States, there are about 3,600 jails but there are only about 100 federal prisons or rehabilitation facilities. Jails house inmates who have been convicted of a misdemeanors and their sentence is no greater than two years. In addition, a person may be held in jail while awaiting trial, has an unpaid bond, or was recently jailed. If a person is convicted of a state crime he or she will serve their sentence in a state prison as opposed to federal crimes which lands offenders in federal prisons. A jail’s amenities are very limited because of the light sentence and short periods of time spent there. A county jail offers work release, substance abuse programs, and may provide basic necessities to inmates. Prisons also offer work release programs, vocational training, halfway houses, as well as recreational facilities. Inmates at prisons will serve decades within the facility while others have to serve lifetime sentences behind bars. A major concern of prison staff and administrators is disruptive and violent behavior. Their concerns pertain to the safety of inmates as well as employees of the prison facility. Disruptive and violent behavior is not tolerated...

Words: 884 - Pages: 4

Week 4 Essay Differences Between Local, State an Federal Prisons

...CJ 1130 Criminal Evidence Project Directions: Answer the following scenarios utilizing the Ohio Rules of Evidence or the Federal Rules of Evidence. Respond to each scenario using the formula detailed in class: 1) respond to the question 2) state the pertinent rule or concept, and 3) correctly apply the rule to the case. Papers must be word processed. No handwritten work will be accepted. Projects are due at the beginning of class on the day of your class meeting during the week beginning October 6, 2014. Due to the nature of the assignment, NO LATE PAPERS WILL BE ACCEPTED!!! Feel free to turn the project in early. 1. To impeach Walt Dipsey’s primary witness, the Evil Stepmother, Snow White plans to introduce testimony of seven diminutive witnesses in the neighborhood who will testify that the Evil Stepmother has a reputation for untruthfulness. On what basis can Dipsey exclude some of the witnesses? 2. Charles Foster Kane is arrested for possession of cocaine, which the prosecution asserts was contained in a “snowy” paperweight on Kane’s desk. The prosecutor offers as evidence a lab report stating, “The “snow” in the subject paperweight is 95% pure cocaine hydrochloride.” Is the report hearsay? Why or why not? 3. Peter Pan gives John, Wendy and Michael fairy dust to fly. He is arrested on narcotics charges. Wendy is called as a witness at trial. She can’t remember exactly what happened, but, when she is shown some notes she made at...

Words: 979 - Pages: 4

Court System

...INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the two different systems came, and how the systems relate to today. Two branches are equally important, and the following is going to mention about how both the State and Federal Courts interact with one another. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. At the first level of the courts, which is called a magistrate (Schmalleger, 2009)? The head of the colony is the person who decides who fills this position. Following was the majority of trial cases. Lastly was the third court level, having a case that the courts appeal, with the head of the state and the members that he had chosen were the ones that heard the case which the Grand Jury was brought in at this time (Carp & Stidham, 2001). As...

Words: 1144 - Pages: 5

State and Federal Prison System Paper

...State and Federal Prison Systems Paper March 4, 2012 CJS/230 An example of a state prison would be Louisiana State Penitentiary which is also known as Angola and is located in Angola, Louisiana. In 1880, Major James purchased an 8,000 acre plantation in west Feliciana parish called Angola. Angola is the state’s oldest and only maximum security prison with an inmate population of 5,108 and employs 1,740 employees. This maximum security prison is 86 percent violent offenders and 52 percent are serving a life sentence which will never be released from prison. The growth of state prison population is the result of (get tough) legislation which sends more people to prison and keeps them there for longer periods of time. United States Corrections professionals could solve the problem of exponential growth in state prison systems by getting stronger rehabilitation programs. I think that upon the inmate arriving to the prison they should be given an incentive to enter, they should also be required to complete at least two rehabilitation programs. After completing at least two or more rehabilitation programs depending on how much time the inmate has, they can be offered several other programs that will help them from becoming a repeat offender. This is especially needed since 52 percent of them will never be released. That is over half the inmate population. The more the inmate gets interested in the programs that are being offered, the better chance that inmate then will...

Words: 443 - Pages: 2

State and Federal Prison System

...State and Federal Prison Systems CJS/230 May 21, 2012 Frank Merenda The number of prisons in each state, today, range from “three in North Dakota to over 100 in Texas”.(Foster, 2006) Although there are many state prisons they were all basically based on the Auburn model, established in 1816. Federal prisons also began this way and in 1930 the Federal Bureau of Prisons was created and the federal prisons of today have not changed much since then. The Texas Department of Corrections (TDC), established in 1849, located in Huntsville Texas, is a good example of a state prison system. Today, the central unit in Huntsville is still the headquarters of the Texas Department of Criminal Justice and it known as the “capital of capital punishment”. (Foster, 2006) It is said this facility carries out more executions than any other prison. Be that as it may and even with the state and federal prison systems separated the state prisons growth still continues. The “get-tough” legislation and the “War on Drugs” have tripled jail and prison populations. (Foster, 2006) Today a lot of the state prison growth comes from parole violators and increased confinement of violent criminals. The growth has slowed some from the past but it still continues. To help slow the growth in the state prison systems U.S. correction professionals could try spending more on treatment and rehabilitation to keep nonviolent offenders out of prison. The drug problems of today seem to be filling...

Words: 667 - Pages: 3