USA: +1(669)289-8683 
Sign in
The Jurisdiction of the Courts ….. Plagiarism free work needed … due tomorrow by 5pm
Link:
http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts
Comparing Federal & State Courts
The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems. Discover the differences in structure, judicial selection, and cases heard in both systems.
Court Structure
The Federal Court System
The State Court System
Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts.
The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts.
Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S.
Bankruptcy
Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters.
States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc.
Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals.
Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals.
A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions.
Parties have the option to ask the highest state court to hear the case.
Only certain cases are eligible for review by the U.S. Supreme Court.
Selection of Judges
|
The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. |
State court judges are selected in a variety of ways, including · election, · appointment for a given number of years, · appointment for life, and · combinations of these methods, e.g., appointment followed by election. |
Types of Cases
Heard
|
· Cases that deal with the constitutionality of a law; · Cases involving the laws and treaties of the U.S.; · Cases involving ambassadors and public ministers; · Disputes between two or more states; · Admiralty law; · Bankruptcy; and · Habeas corpus issues. |
· Most criminal cases, probate (involving wills and estates) · Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases. |
Share This Page
Share This Page
Related Links
Court Role and Structure
Types of Cases
Educational Resources
Understanding the Federal Courts
Want to further develop your knowledge of the federal courts? Read Understanding the Federal Courts.
About Federal Courts
·
Federal Courts & the Public
· Court Role and Structure
· Types of Cases
· Educational Resources
·
Cameras in Courts
·
Governance & the Judicial Conference
·
Judicial Administration
Judges & Judgeships
·
Authorized Judgeships
·
Judicial Vacancies
·
Judicial Milestones
·
Judicial Compensation
·
Pathways to the Bench Video Series
·
Privately Funded Seminars Disclosure
·
Judicial Conduct & Disability
·
Code of Conduct for U.S. Judges
Services &
Forms
· Forms
· Bankruptcy
·
Jury Service
·
Fees
·
Federal Court Interpreters
·
Federal Court Reporting Program
·
Probation and Pretrial Services
·
Defender Services
·
Business Opportunities
Court Records
·
Find a Case (PACER)
·
Electronic Filing (CM/ECF)
·
Court Records Schedule
Statistics & Reports
·
Analysis & Reports
·
Data Tables
·
Publications
Rules & Policies
·
Current Rules of Practice & Procedure
·
Pending Rules and Forms Amendments
·
Proposed Amendments Published for Public Comment
·
About the Rulemaking Process
·
Records and Archives of the Rules Committees
·
Judiciary Policies
SOC 205: Society, Law And Government
Week 2 Discussion
Top of Form
“The Jurisdiction of the Courts” Please respond to the following:
·
From the e-Activity, propose at least three (3) rules that you would use in order to choose the more appropriate court (state or federal) for the hearing of a particular case. Discuss the reasoning for your choice of jurisdiction of the court in each case. Provide two (2) examples of jurisdiction choice to support your rationale.
· Describe the manner in which presiding judges use the principle of judicial self-restraint within their U.S. courtroom procedures. Provide two (2) examples where judicial self-restraint is in use to support your rationale
Bottom of Form
