Every state has its own independent judicial system and in the judicial system the higher courts is the authority concerning the law with regard to state laws and the states viewpoint. The overall structure of the some state courts is comprised of three levels, which are the trial courts, the appellate courts and the supreme courts, although other states have only one level of appeal (Lawyer International, 2008). Trial procedures in the state courts are presided over by one judge and the cases begin at the trial level. The cases decided in a trial court are subject to the appeals and to the reviews by the appellate court. Some of the states, such as the District of Columbia or Puerto Rico, have one appeal level from the lower state court.
-The local court has two jurisdictions in which it hears matters: 1. Criminal Jurisdiction . All summary offences. Less serious crimes, such as drink driving and shoplifting. The magistrate deals with these matters determining guilt and issuing punishment.
Judicial Branch/Civil Liberties/Civil Rights Review Quiz The Constitution specifically provided that there would be a Supreme Court, . . . And established a system of lower federal courts throughout the nation. But left it up to the individual states to establish lower federal courts of general jurisdiction.
The purpose of the dual court system is the government cannot take on the state court and the state court cannot override the federal government. The federal courts listen to civil and criminal cases that involve federal and constitutional law, special subject matters like
The last is the judicial branch. All are separated and have different jobs assignment but comes together to help resolve issues. Thus, the centerpiece of our systems is the doctrine of Separations of Powers that constitutionally assigned duties to the three branches of government: legislative, executive, and judicial to distinct and have checks and balances on each branch to prevent abuse of power from the government; it is to keep a democracy. The legislative branch internally has its’ own way of balancing powers. As you know the Legislative Branch is broken up into two parts or houses of the federal government of the United States of America consisting of the Senate and the House of Representatives.
Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself. The United States Constitution does not explicitly establish the power of judicial review. Rather, the power of judicial review has been inferred from the structure, provisions, and history of the Constitution. [1] The Supreme Court's landmark decision on the issue of judicial review was Marbury v. Madison (1803),[2] in which the Supreme Court ruled that the federal courts have the duty to review the constitutionality of acts of Congress and to declare them void when they are contrary to the Constitution. Marbury, written by Chief Justice John Marshall, was the first Supreme Court case to strike down an act of Congress as unconstitutional, unless one counts Hollingsworth v. Virginia (1798) or U.S. v. Todd (1794).
Article 3 is the judicial part or Supreme Court. By dividing the government into three, that separates the power. Each part has the power to do specific things. For example, Congress makes laws, President passes them, and the Supreme Court can declare laws unconstitutional. If the power wasn’t divided then there would only be the government; no President, Congress, or Supreme Court.
The three branches of U.S. government are all supported by the U.S. Constitution. Each branch will be broken down to the basic forms and understood how each one is different and have their own roles. The legislative branch is the branch that controls all the power of laws for the whole country. The Legislative branch powers consist of regulating takes, the power to declare war on any foreign country, or the power to impeach the president. The Congress consists of two houses, The Senate, and the House of Representatives.
The Judicial Conference is assisted in its work by more than 20 committees, whose members are appointed by the Chief Justice. The Committee on International Judicial Relations is composed of several federal judges and a liaison member from the State Department. The Constitution established three separate branches of government: Legislative (Article I), Executive (Article II), and Judicial (Article III) (Mecham, 2001). The three branches of the federal government operate within a constitutional system known as “checks and balances.” Each branch is formally separate from the other two, and each has certain constitutional authority to check the actions of the others. In the Legislative branch, the national legislature of the United States, is composed of two houses or chambers: the Senate and the House of Representatives.
Beyond the three basic branches of government, legislative, executive, and judicial, the Federal Courts are also divided. First is the Supreme Court, which only hears a limited number of cases that must fall within specific guidelines established by Congress. The cases may begin in the federal or state courts and they usually involve important issues regarding the Constitution or constitutionality of federal statutes. Under the Supreme Court is the Court of Appeals. Within the 94 U.S. judicial districts, they are further divided into 12 regional districts, each of which as a United States court of appeals.