...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...
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...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...
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...Sterling man who admittedly stole a cash register from a Holmes County greenhouse and then dumped it in a Wayne County creek was sentenced Thursday to two years in prison. Jonathan B. Good, 31, of 13894 Kauffman Ave. Sterling, previously pleaded guilty in Holmes County Common Pleas Court to a reduced charge of attempted burglary and tampering with evidence. His codefendent, Mallory L. Bilderback, 32, of 905 Portage Road, Apt. 207, Wooster, previously pleaded guilty to breaking and entering, tampering with evidence and petty theft. She is scheduled to be sentenced on Feb. 22, at which time she faces up to four years in prison. While defense attorney Mark Baserman Jr. asked Judge Robert Rinfret to consider a non-prison sanction, Rinfret, citing Good's extensive...
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...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...
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...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...
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...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...
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...The “Hosanna-Tabor” Case in the US Supreme Court Introduction “Evangelical Lutheran Church and School Hosanna-Tabor v. Commission for Equal Employment Opportunities-CIOE” is a famous case decided in January 2012 by the United States Supreme Court. It addressed the right to religious freedom and the establishment clause, the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether...
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...US v. Dominique Stephens In the case of the US versus Dominique Stephens, I played the role of the court reporter. In a real case I would’ve documented every word that was spoken in that courtroom. During the mock trial however, I assisted in helping the defense and prosecution build their cases. The case was tough, but having a strong defense and prosecution really cleared up some foggy topics. On June 17, 2009, at 10:32 p.m, Dominique Stephens, had called the police letting them know that she had shot her husband, Donovan. The police arrived and found her husband’s dead body face down on the ground under a blanket that had 3 bullet holes and was covered in blood. Dominique was arrested after confessing to shooting her husband and pointing to the pistol near the bed. When she arrived at the police station, Dominique wavered her right to remain silent, until the detective wrote a statement. She signed the statement and the prosecution charged Mrs. Stephens with the First Degree Murder of her husband Donovan Stephens. After confessing, however, she asserts through her attorney that it was an act of self-defense and that she is suffering from Battered Woman Syndrome. She claims that the lives of her and her kids was in imminent danger. Statutory law claims that, “Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by means of poison... is guilty of murder in the first degree.” Case Law...
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...black woman, both residents of Virginia, got married in the District of Columbia. Shortly after, they returned to Caroline County Virginia and established a home together. At the 1958 October Term of the Caroline County Circuit Court in Virginia, the grand jury issued an indictment charging appellants with violating the State's ban on interracial marriages. They were arrested for cohabitating in an interracial relationship. Appellants pleaded guilty on January 6, 1959 and were sentenced to one year in jail. The trial judge suspended the sentence for a period of 25 years on the condition that appellants leave the State and not return to the State together for another 25 years. Procedural History:...
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...The issue of U.S. justices serving in the Supreme Court for life has been debated for years. While our forefathers who crafted the constitution had reasons for the lifetime service, Americans have had varying positions regarding the issue. This essay discusses the two sides of the lifetime tenure of American justices serving in the Supreme Court, seeking to gain ground on whether the term should be retained or amended. The U.S. President is constitutionally allowed to appoint justices to serve in the country’s Supreme Court. However, he or she does not do this independently, but seeks the assent and counsel of the Senate before the justices are appointed. From history, most presidents give preference to judges who appear to rhyme with them in terms of ideological views. However, this does not rule out the fact that serving justices may have opposing opinions to those shared by the president. Importantly, there are no qualifications for justices defined by the constitution, leaving room for the president to make his appointments, which are confirmed by the Senate (Patterson, 2010). Nevertheless, the confirmation process has always drawn significant attention, with lobby groups pushing for the rejection of some candidates with questionable track records. In rare cases, the president is allowed to withdraw the names of some candidates, especially when he is convinced beyond reasonable doubt that the names are likely to be rejected by the Senate. In recent years, the approval...
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...Korematsu v. U.S., 323 U.S. 214 (1944) Facts: A Japanese American who resided in California stayed in the state after the Civilian Exclusion Order No. 34 was enacted. This order was put into place to keep Japanese citizens out of military areas during time of war after the Pearl Harbor attacks. This Japanese American was convicted in a Federal District Court where the Circuit Court of Appeals affirmed the decision and The Supreme Court chose to grant certiorari to examine the constitutionality of the order because of its racial contents. The Japanese American involved was aware of the order in place and he was aware that he was violating this order which came from the Executive Order No. 9066 of the president after the Pearl Harbor attacks. Issue: Whether it is constitutional for Congress and the president to exclude Japanese people from certain areas within their war powers. Rule: The Supreme Court ruled that it is constitutional for...
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...an insurance company and failed to include these funds as gross income for tax purposes. The taxpayer disputed that the embezzled money should not qualify as taxable income as the funds were already required to be returned. James used a previous decision from Commissioner of Internal Revenue v. Wilcox to show that the money was not taxable as he had “no claim of right” to the money because he no longer had possession of it. The court held that all income was to be taxed The court ultimately overturned the Wilcox case and ruled that the money was to be included in gross income because both legal and illegal earnings that are) acquired without the consensual recognition of an obligation to repay, are fully taxable. James was required to face legal penalties of three years in jail for his attempt at evading taxes in addition to the tax penalties of the crime. ISSUE: The issue being litigated in this case is whether embezzled funds should be a part of the embezzler’s gross income regardless of a repayment obligation. HOLDING: The Supreme Court ruled in agreement with the lower court’s decision and held that the defendant’s embezzled earnings were to be included on his tax return as gross income. LEGAL ANALYSIS: This ruling was supported by §61 of the Internal Revenue Code which defines gross income. §61 states that gross income means all income from whatever source derived. By evading the taxes for the earnings, the taxpayer was in violation with the IRC of 1939 §145(b)...
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...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...
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...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...
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...been 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...
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