lesson 2 state court systems assignment
docx
keyboard_arrow_up
School
Eastern Gateway Community College *
*We aren’t endorsed by this school
Course
101
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by DukeArt12741
1.
Compare your understanding of the federal and state court structure after reading/reviewing the above learning materials. Which materials did you find most helpful and why?
In the U.S. the federal system of government is made up of the federal government and the state governments. Both federal court system and state court system were created by the constitution. The constitution didn’t just create the highest court which is the U.S. Supreme Court but also gave Congress the power to create the lower federal courts such as district courts or trial courts and circuit courts which are the first level of appeal. The federal government consists of 13 U.S. Courts of Appeals, 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade, while U.S. Bankruptcy Courts handle bankruptcy cases. The State Court System handles more specific cases, but within those specific cases only certain cases can be reviewed by the U.S. Supreme Court. When a party disagrees with a decision, the federal court system can appeal to the U.S. Court of Appeals, while state court systems must take their case to the intermediate Court of Appeals. Although, both the Federal and state
court systems can ask the Supreme Court to hear an appeal, only certain cases will be reviewed. I found the website https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-
federal-state-courts
to be the most helpful because it listed the differences between Federal Court Systems and State Court Systems side by side in a very clear and direct manner. 2.
What is your impression, now having reviewed the materials, of the merit (if any) in having federal judges appointed rather than elected? What do you believe is the merit (if any) in having
the election of state court judges?
Having federal judges appointed rather than elected is the best way to ensure there is no bias in my opinion. Since there is no campaigning involved, the judge doesn’t have to focus on being likable or being persuasive and can solely focus on the law. I believe all judges should be appointed rather than elected. Becoming a judge is such a great responsibility, they are in charge of making the final decisions in serious cases that make grand impacts on society, so that is not a job to be taken lightly and left in the
hand of the public. But, then again I can see why it may be more fair to have the state court judges elected and the federal judges appointed because then justice will be represented both by the public and the government.
3.
Compare your understanding of the state court structure in your home state after reading/reviewing the above learning materials. Are there specific courts for family/domestic relations cases? Probate (Estate) cases? Juvenile cases?
I currently reside in the state of New Jersey. According to the website https://cspbr.azurewebsites.net/
the state court structure in New Jersey is made up of Municipal, Superior, Tax, Appellate Division of Superior Court and Supreme Court. New Jersey’s most limited jurisdiction municipial, handles criminal and non criminal cases and has no jury trials. Above municipal, Jersey has superior, which handles civil, domestic relations, criminal and juvenile, and most cases have a jury trial. They also have a Tax Court, which also has limited jurisdiction and only handles civil cases of administrative agency appeals. Above superior and tax court they have Appellate Division of Superior Court, here they deal with both appeals by right and appeals by permission from civil, criminal, juvenile and administrative agency. Their highest level of court is Supreme Court. In the New Jersey Supreme Court they deal with appeal cases, both appeals by right and appeals by permission and original proceedings. There are no specific courts for family/domestic relations cases, probate cases, and juvenile cases, they are spread throughout different levels of the courts. 4.
Any other thoughts/takeaways from the materials that you reviewed?
I found (Federal Habeas Corpus: A Brief Legal Overview, 2006) to be interesting. Prior to this assignment I didn’t know a lot about habeas corpus, as I have never studied law, but I am glad the court system has a procedure like habeas corpus, because it gives prisoners who feel they may have been over sentenced or wrongly imprisoned another chance to challenge a court’s decision. This is what justice is all about because in some cases people are wrongly sentenced due to lack of evidence for example, and inmates may have a second chance to be reviewed by the judge.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help