Monday, January 4, 2010

Judicial Question 4

The U.S. has a dual court system. Explain how this works.

2 comments:

  1. The dual-court system refers to the United States' having both state and federal courts. The state courts handle the more trivial and intrastate matters, whereas the federal courts deal with interstate matters and matters pertaining to the federal government. State court hierarches are similar to the federal-state court set-up in that cases can move up throughout the differenet levels of court, depending. For example, a case can start off in a city or county court and potentially move up to a state supreme court, similar to how a cae can start off in a state court and move up to the Supreme Court. Of course, the importance of the case and relevance in the federal government are factors when they are heard by the federal courts. Purposes of the dual-court system are to allow the federal courts to not have to deal with more trivial matters and to prevent the national government from getting too powerful by allowing the states some freedom in certain aspects of court procedures and rulings. Also this system is used to put checks and balances on the other branches of government by making sure that the government upholds the Constitution, both on federal and state levels.

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  2. The United States’ dual-court system refers to the two different “tracks’ of the state and federal courts under the judicial branch. The federal courts predominantly hear civil and criminal cases that predominantly deal with federal and constitutional law. Likewise, the state courts deal with mainly state laws and constitutional issues regarding to state issues. Often times in this dual-court system, court cases will make there way up the judicial hierarchy. Court cases may potentially begin at the county level, then proceed to the state level. Cases may not jump directly to the Supreme Court (the highest federal court) unless there is a conflict between the states that needs to be settled by a higher court. The state courts normally settle the interstate issues that need to be attended to, although a potential appeal to a higher federal court is sometimes possible. The state and federal dual-court system helps create different levels (a process that could be defined as a “check” to maintain fairness) which allows the potential for issues to be settled by the higher federal court if the state courts can not resolve the issue.

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