American Court System: Design and Functions

American Court System: Design and Functions In the United States, in keeping with our bicameral system of government, we have a dual court system consisting of State and Federal courts. While each system is self-contained it is possible, though infrequent, for questions of State law to finish at the United States Supreme Court. The systems and functions of the state and federal courts roughly mirror each other. The state courts system serves both trial and appellate functions and in turn, the federal court system serves these purposes at the federal level. The Federal Courts may be divided into Article III courts, and non-Article III courts. Article III courts were established by/under Article III of the United States Constitution. The Court of International Trade, District Courts (94 in 50 states, the District of Columbia and Puerto Rico), Courts of Appeals (12 geographic-based and another for the Federal Circuit), and the U.S. Supreme Court are all Article III courts. Non-Article III courts include Bankruptcy Courts, Tax Court, decisions by U.S. Magistrate Judges and Administrative Law judges (ALS) in various federal agencies. United States District Courts are trial courts of original jurisdiction for federal cases with mandatory appellant jurisdiction over rulings by non-Article III courts. They adjudicate all federal crimes as well as some civil law cases. All federal felony cases are the responsibility of U.S. Magistrate judges. State Courts vary considerably from state to state. In a broad sense, they all follow the pattern, in ascending order, of state minor trial courts, state major trial courts, state intermediate appellate courts, state high courts of last resort (also known as state supreme courts), and the United States Supreme Court. State minor trial courts include Municipal courts, Justice of the Peace courts and Magisterial District Courts. These courts serve as original jurisdiction courts for misdemeanor cases, both civil and criminal traffic violations and small civil claims. State major trial courts, which may also be known as Superior Courts, Courts of common pleas and District courts, are trial courts of general jurisdiction. They are often arranged by county or groups of counties, to hear felonies and some civil cases. They sometimes have jurisdiction over minor trial courts. State Intermediate Appellate Courts are used in forty out of fifty states. They have mandatory jurisdiction over rulings by the states major trial courts. It is rare for criminal appellants to win on appeal here. State high courts of last resort have both mandatory and discretionary jurisdiction over decisions by lower state courts. This court is a major policy maker for the state due to its position as the final decider on matters of state law. The United States Supreme Court (the High Court of Last Resort in the United States) is arguably the most powerful court in the world. It has absolute control over the cases it hears via its discretionary appellate jurisdiction over decisions made by the U.S. Courts of Appeals. It has jurisdiction over the highest state courts when a question of federal law, to include federal constitutional law, is at issue. Typically, less than a third of the cases heard by the countrys highest court are criminal cases. There are eight courts in the state of Alabama and three Federal districts. Alabama Court of the Judiciary oversees judicial officers and is assembled to hear complaints of the Judicial Inquiry Commission. Alabama Probate Courts deal with matters of probate and the governance of estates. Municipal courts in Alabama handle violations of city ordinances. District courts may be either criminal or civil. District civil courts handle small claims suits. District criminal courts handle state law violations, felonies, and misdemeanors. They can also accept a guilty plea in felony cases. Alabama Circuit Courts are state trial courts of general jurisdiction and have jurisdiction to hear civil and criminal cases. The Alabama Court of Criminal appeals presides over appeals in criminal cases. Civil appeals are the domain of the Alabama Court of Civil appeals. At the top of the hierarchy is the Alabama Supreme Court, the states court of last resort. District courts in Alabama are in the 11th Circ uit. They trial courts of original jurisdiction over federal cases. A criminal case that goes to trial may end up using trial, appellant and supreme courts. This basic structure and sequence is the same in both state and federal courts. Trial courts of general jurisdiction hear felonies and non-small claims civil cases. They may also have appellate jurisdiction over a states minor trial courts. A case may end at this level if the defendant is convicted and does not appeal, or if he is found innocent. Appellate courts have jurisdiction over decisions made by the major trial courts. Appellate courts do not rule on guilt or innocence but rather on whether the trial was conducted properly. It is rare for a defendant to win at the appellate level. If the decision of the appellate court is challenged the case will proceed to the State Supreme court, also known as the State court of last resort. Typically, the State Supreme Court hears only a few criminal cases annually. In order to move ahead to the United States Supreme Court, a case must include a questi on of federal law or federal constitutional law. All states do not have the same court design. Part of the purpose of a dual court system is to allow states the freedom to govern themselves and to be separate and independent of the federal government. This being the case, each state has developed its own court system and terminologies that serve the people of that state. While the overall structures of the court of one state may be similar to another/others, the fact that each state has its own unique laws guarantees variations in their court systems.

The Importance of The Bill of Rights in Society Today Essay -- The Bill

When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. â€Å"inalienable rights.† A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment. The Amendment I of the Bill of Rights is often called â€Å"the freedom of speech.† It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...

Competency Goal Essay

I as a childcare professional will help to make the facility good for the physical and cognitive abilities of the children. I will help organize and inspire palpable activities perceptive on the children physical improvement affects their intellectual, societal, and sensitivity progress. I will also accommodate contingencies for the adolescence to advance their kinesthesia (senses) by regarding colors, smell aromas, differentiating resonance, feeling and touching an assortment of widgets, and taste different foods. I would plan for them to be able to do activities that involve their cultures like finger painting, making puppets out of brown paper bags, dances and so on and so forth. I will help by setting a strict regimen for the children to follow as when active play, when for silent play and also when for collaborative play, and when to rest. To help promote cognitive development I will plan for little â€Å"brain games†, help by stimulating the brain by making comparisons to the stuff that they like that way they can bring it all to bear and be able to do it on point when asked to. I will also encourage my teachers to use the facility and day to day routines to help promote the growth of their minds and to help the children try to be inventive to the best of their abilities and that they can also learn to think things through and get through all situations with using inventiveness. Also help the children by asking if questions that help make them extend their thinking such as let’s take a look and see if we both can’t find out. Help to neutralize all situations in a day to day basis. I will inspire all the children to describe their involvement and perception of situations that they was involved in. Communication would help to stimulate their social abilities such as I would have many verbal conversations and that I would help to plan for certain outcomes that would setup for a verbal conversation for the children to take part and join in the fun of a verbal account of what they did at home and what they plan on doing tonight or what they did yesterday or what they are doing now and that way they can have the verbal skills needed to accomplish some situations. This is the way I would help to achieve the physical cognitive and communication skills of the children.

China’s Culture and Beliefs - 606 Words

Confucianism is a popular Chinese religion that spans over the course of a thousands of years and has influenced China’s culture and beliefs. It is based around displaying virtues and morals that coincide with humanitarian beliefs. It is a wide standing belief throughout Asia which has existed since 500 B.C.E. and is worshipped by millions of people, making it one of the most well known and oldest religions in the world. Confucianism’s main philosophies are characterized by the display of virtues, humanness, and loyalty, all taught by the Chinese philosopher Confucius. The beginning of Confucianism began in Ancient China, started by the ancient philosopher Confucius, who was born in 551 B.C.E., â€Å"was a brilliant teacher, viewing education not merely as the accumulation of knowledge but as a means of self-transformation† (Yao 14). Confucius’s teachings centered around â€Å"personal and governmental morality, correctness of social relationships, justice and sincerity† (Yao 28). He began his teachings during the Qin Dynasty, and following the defeat of the Chu and the collapse of the Qin Dynasties, the Han Dynasty was victorious and utilized his teachings into a system known as â€Å"Confucianism†. After the dissolution of the Han Dynasty, the ideologies of Buddhism and Taoism were introduced and proceeded to govern most of intellectual life in China. Confucianism would not become a popular ideology till late during the rule of the Tang Dynasty, but with its reemergence came many newShow MoreRelatedA Specific Culture Of Leadership938 Words   |  4 PagesInfusing a specific culture(s) into one’s leadership, by far, is one of leadership’s greatest challenges. It could be said that culture dictates how leaders lead. In the culture of leadership itself, a leader must understand the context of what is happening around them and how information flows from one audience to the next (Barrett, 2014). 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