CJ 207 Project One Template (1)
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School
Southern New Hampshire University *
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Course
207
Subject
Political Science
Date
Dec 6, 2023
Type
docx
Pages
5
Uploaded by CommodoreFire7870
CJ 207 Project One Template
Complete this template by replacing the bracketed text with the relevant information.
The Court System
Relationship Among the Three
Courts
Checks and Balances
Relationship of the Supremacy
Clause and Federal Superiority
Rule to the Courts
In the United States the three
courts that make up the
justice system consist of
district courts, court of
appeals, and the supreme
court. These three courts
work together in a step-by-
step basis to ensure justice to
all individuals. District court
is also known as the lowest
level of hierarchy where all
cases will start in this type of
court. The court of appeals in
the second highest court
where one can hear an appeal
for trial from the previous
lower court. Finally, the
supreme court is the highest
of courts where they have the
final authority in the cases
that are presented. They all
work together by starting at
the bottom of the chain and
potentially working their way
up to the supreme court.
Checks and balances refer to
where separate branches
(legislative, executive, and
judicial) each have their own
power where they equally
share power. If one branch is
to have too much power over
another one, then this could
cause a separation of powers
throughout the three
branches. Checks and
balances ensure that each
branch is responsible to their
actions. The legislative
branch is responsible for
making all laws, the
executive branch is
responsible for enforcing
those laws, and the judicial
branch is responsible for
deciding the constitutionality
of those said laws and further
resolves disputes.
The Supremacy Clause was
put in place to “address the
legal status of the laws that
other parts of the Constitution
empower Congress to make,
as well as the legal status of
treaties and the Constitution
itself” (
The supremacy
clause, 2023)
, instead of
giving Congress additional
powers over others. This
ensures that the Constitution
and federal laws will take
precedence over state local
laws. When it comes to the
court system, the court is able
to adjudicate the rights of
parties under both the state
and federal law. The
Supremacy Clause also
makes it so states are not
allowed to interfere with the
federal government and its
use of constitutional powers.
Functions and Responsibilities of Various Members
Members
Functions
Responsibilities
Judge
The functions of a judge are to
apply the laws by overseeing the
legal process in court and be the
authority over the courtroom by
listening to both sides of
arguments.
Some of the responsibilities that a
judge has it to evaluate information
from documents, write opinions,
decisions, and instructions
regarding a case, research legal
issues, decide if the procedure is
being conducted accordingly to the
law, and determine if the
information being presented
supports the charge, claim or
dispute.
Prosecutor
The function of the prosecutor is to
investigate, charge, and prosecute
an individual who has been
accused of breaking the law.
Some of the responsibilities of a
prosecutor include investigating
and charging crimes, negotiating
plea deals, trying a case in court,
meeting with investigators,
victims, witnesses, and defense
attorneys, and only filing criminal
charges in a case if they believe
that they can prove it in court.
Prosecutors use prosecutorial
discretion where they have the
overall power to decide if they are
going to charge someone for a
crime. If they feel as if they are
unable to prove that someone
committed a crime, then they have
an ethical obligation to not take on
the case.
Defense Counsel
The function of the defense
counsel is to represent the
individual in court who is being
charged with committing a crime.
Some of the responsibilities of a
defense counsel include thoroughly
taking into account all aspects of
the case including if the defendant
is guilty, collecting information
about the case, gather information
from witnesses and the crime
scene, and potentially finding
loopholes in the case to support the
defendant. The two main defense
counsels can be made up of either a
public defender, who works for the
government, or a private lawyer,
who works for themselves in a
private law practice. Generally,
many people who can afford a
private lawyer will do so because a
Roles of Various Courts
Local Appeals Courts
State Appeals Courts
Federal Appeals
Courts
Special Courts or
Problem-Solving Courts
Local appeals courts
hear appeals from
within the district
court of their circuits
and some from
federal administrative
agencies.
State appeals courts
hear both criminal
and civil appeals
within jurisdiction.
Federal appeals
courts also hears
both criminal and
civil appeals to
determine whether
or not the law was
applied fairly.
Special Courts focus on
a specific subject matter
in the law to problem
solve. Some of these
courts consist of drug
court, mental health
court, domestic violence
court, and veteran’s
court.
Jurisdictions
Military Courts
Native American Courts
Military courts are set in place for any
military member who breaks the law. These
cases are generally heard in courts-martial,
court of criminal appeals, United States Court
of Appeals for the Armed Forces, and the
United States Supreme Court. These courts
are important because some of the offenses
committed by military members are unique to
their circumstances where regular community
members would not have to face the same
consequences.
Native American courts, also known as Tribal
courts, consist of approximately 400 justice
systems throughout the Nation. These courts
have “
civil jurisdiction over Indians and non-
Indians who either reside or do business on
federal Indian reservations
. They also have
criminal jurisdiction over violations of tribal
laws committed by tribal members residing or
doing business on the reservation.” (
Tribal
Court Systems, 2023
). These courts are different
from the United States government courts due
to the fact that they generally only oversee
Tribal members opposed to the general
public.
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Works Cited
Branches of the U.S. government
. USAGov. (n.d.).
https://www.usa.gov/branches-of-
government#:~:text=The%20ability%20of%20each%20branch,agencies%20and%20high
%20court%20appointees
.
Clark, B. R. (n.d.).
The supremacy clause as a constraint on Federal Power
. Scholarly
Commons.
https://scholarship.law.gwu.edu/faculty_publications/439/#:~:text=The
%20Supremacy%20Clause%20establishes%20a,imposed%20by%20the%20Supremacy
%20Clause
.
Cole, C. (2023, June 16).
Military court system
. lawforveterans.org.
https://www.lawforveterans.org/court-basics/70-about-military-courts/499-military-courts
Court role and Structure
. United States Courts. (n.d.).
https://www.uscourts.gov/about-federal-
courts/court-role-and-structure#:~:text=The%20judicial%20branch%20decides
%20the,should%20be%20done%20about%20it
.
Roles and Responsibilities of a Criminal Defense Attorney
. Hg.org. (n.d.).
https://www.hg.org/legal-articles/roles-and-responsibilities-of-a-criminal-defense-attorney-
41544
Specialty Courts - pinal county attorney’s office
. Pinal County Attorney’s Office - Kent Volkmer.
(2020, December 30).
https://pinalcountyattorney.org/criminal-justice/specialty-courts/
The supremacy clause
. National Constitution Center – constitutioncenter.org. (n.d.).
https://constitutioncenter.org/the-constitution/articles/article-vi/clauses/31
Tribal Court Systems
. Tribal Court Systems | Indian Affairs. (n.d.).
https://www.bia.gov/CFRCourts/tribal-justice-support-directorate
What does a prosecutor do? | lawyers.com. (n.d.).
https://www.lawyers.com/legal-
info/criminal/criminal-law-basics/keeping-law-and-order-the-prosecutor.html