Respond to each classmate 100 words a piece
Question they had to answer(After completing the reading and viewing the lectures, please discuss which cases go to federal court and which go to state court. Identify those courts ‘of record’ where cases are initiated and how they proceed through the appeals process. Finally, identify those states that belong to the 5th Circuit Court of Appeals and where that court is actually located.)
Federal court handles disputes that involve government contracts and other claims against the federal government (Jennings, 2018). When the United States is involved as a party in an issue, it is taken to federal court. Cases directly violating the US Constitution, federal statutes, or treaties will also be taken to federal court. Often cases involving bankruptcy, admiralty, patenting, copyrighting, and maritime law will go to federal court.
Most of the time, a majority of cases are tried in state court. Any criminal cases, speeding tickets, contract cases, and family law cases like marriages, adoptions, or divorce will be taken to state court. Examples of cases taken to State court are in many movies, TV shows, and on the cover of magazines.
A court of record is where different records are kept permanently. Courts of record are initiated by someone who would like for a decision to be changed. Typically, when an appeal is filed, courts of records are sent to the court and are thoroughly reviewed. These records will be used in the decision making process and further into the appeal process. Often, appeals will not be successful, and higher courts will be pursued.
The 5th Circuit Court of Appeals is made up of the northern and southern districts of Mississippi, the eastern, middle, and western districts of Louisiana, and the eastern, northern, western, and southern districts of Texas. The 5th Circuit Court of Appeals is located in the John Minor Wisdom United States courthouse in New Orleans, Louisiana.
Two separate and distinct legal systems, federal court and state court govern our country. Governor, legislature, and court system are present in each state, while the president, the United States Congress, and the federal court system make up the federal government. There are certain types of cases that state and federal courts each listen to and handle. These are known as “jurisdiction.” There are unique legal procedures for handling cases in each court system and particular laws that will decide the result. Even though state and federal court systems have many similarities, their differences are significant. Generally, cases that go to state courts involve state law while federal courts hear cases involving federal law (Neubauer & Fradella, 2018). Since most crimes are violations of local or state law, the state court hears most criminal cases. Also, the state court hears most contract disputes, personal injury cases, estate cases, and family law (divorces, custody).
On the other hand, the United States Constitution creates the federal court system, which is usually known as the courts of “limited jurisdiction.” Cases particularly authorized to be heard by the federal court are the only ones it handles. Cases heard by the state courts, such as criminal cases, can be handled by the federal courts, but federal law must be involved. The federal courts can hear cases such as disputes between two or more states, bankruptcy, admiralty law, and copyright. Also, they can handle cases involving law constitutionality; cases that deal with the U.S.’s laws and treaties; and cases including ambassadors and public ministers.
The Franklin County Municipal Court hears most cases in Columbus, which can be appealed to the Court of Appeals. The final court of appeal is the Supreme Court of Ohio. On the other hand, cases in the federal court system are initiated in a US District Court. They can then be appealed to the US Court of Appeals for the 6th Circuit. The US Supreme Court is the final court of appeal (Neubauer & Fradella, 2018). The 5th Circuit Court of Appeals is located in New Orleans, Louisiana, particularly in the John Minor Wisdom United States Courthouse. States that belong to the 5th Circuit Court of Appeals include Mississippi, Louisiana, and Texas.