The Structure of South Carolina’s Court System Joyce Ladson Everest University Online Paralegal Today-18 February 22, 2012 After intensive research, I found that every state has a structure of court systems. South Carolina’s Structure consists of The Supreme Court, The Court of Appeals and also The Trial Courts. These three court tiers have specific procedural requirements that they must adhere. In the state of South Carolina, The Supreme Court handles the Appellate and Original Jurisdiction. The Supreme Court is responsible for declaring official rules governing all the courts of South Carolina.
2. Which branch of government (executive, judicial, or legislative) created the state statute? The Legislative Branch. 3. The passage above also discusses one court case.
Judicial review was established through judicial interpretation in court case Marbury v. Madison. The Supreme Court justices interpreted that the Constitution gives them to right to review laws for constitutionality. Another informal method is incorporation of traditions, precedent and practice. Although not enumerated in the Constitution, a traditional practice may be widely used because of widely acceptance. Political faction is one example of amending the Constitution informally.
They limited original jurisdiction over some cases. Federal courts deal with things that state courts may not be able to or people have chosen to have their cases heard in federal court. Congress divided the country into ninety-four federal judicial districts. Each district has a United States district court. They are the federal courts.
The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government. First of the three elements in which Congress’s primary role plays is in legislation. The very first article of the Constitution lays out how this is done. Bills initiated by both the President and members of Congress are almost certain to be substantially modified as they go through the legislative process, making it very difficult for the President or any political faction to force through their policy agenda. Congress has been somewhat effective in passing laws such as the PATRIOTIC Act under Bush and the Healthcare Reform Act under Obama both show’s that Congress can legislate when it needs be, especially with a majority in both houses.
In this case, our firm can represent you. We can appear on your behalf. Due to subject matter, breach of contracts, all your cases would be filed in the state courts rather than the federal courts. Federal courts deal with special areas of the law, and these claims do not fall into those areas. Therefore, the proper jurisdiction for each of these cases would be in the state level courts.
Their power, which appears to be seemingly limitless, is derived from Article III of the United States Constitution, which basically states that judicial power is given to one Supreme Court that is established by Congress (Separation of Powers, 2009). There has been much speculation questioning that a Supreme Court Justice may have powers higher than that of the President of the United States? The foundation for the decisions that they make has to be derived from their sometimes-unqualified interpretation of the Constitution and its Amendments. Levin (2005) makes mention to the fact that it would seem most of the Supreme Court Justices in the past were relying on anything but the Constitution to guide their decision making
Sources of American Law Maria PLA1003 Intro to Paralegal August 16, 2012 It is very useful to learn how to use legal research in our modern society but the basic search that you most know is how to use your primary sources. Primary Source consists on Court decisions, statutes enacted by legislative bodies, rules and regulations created by administrative agencies, presidential orders, and any document establishing the law. Common law and case law consist on decisions and rules developed by judges in cases that comes before the courts and similar tribunals, this law is based on the English legal system; it impacted the law by making the authority to make law where no legislative statute exist, under the common law
(GCU, 2012) Responsibilities are specifies the subject-matter jurisdiction of the federal courts, requires trial by jury, defines treason and its enforcement, and states that the Federal courts have jurisdiction over cases involving disputes between states, ambassadors, and dignitaries from other countries. The three branches of government are supposed to work in harmony with each other while guarding the limited power each branch was granted by the people. The intention of these three branches is to keep the balance of power in the favor of the people. They were put into place so that not one branch has too much power and be able to run the Congress in deciding which laws are passed and are not passed. By spreading the power into three different branches, this ensures that the balance of power is equal and not all in person or a team of people’s
Government can be divided into three branches: executive (executing law), legislative (making law), and judicial (interpreting law). While the executive branch decides what actions the government will take, it can only act within the bounds of the law, which are determined by the legislative branch. When conflict arises over whether the law has been broken, the matter is settled by the judicial branch. Historically, the three branches of government were intermingled. Today, the United States features separation of powers (in which all three branches are separate), while the United Kingdom and other parliamentary governments feature fusion of powers (in which the judicial branch is separate, but the executive and legislative branches are combined).