Differences And Similarities Between The State And Federal Court System

State and Federal Court Systems
Kevin Mauldin
Walden University
CRJS– 1001 Criminal Justice

Abstract

Although the federal and state courts systems are different, both have similarities in that they are to base their ruling on the constitution, and to treat each person or state with fairness.

Historical development The development of our court systems was a great day in our history. It was a tough beginning, and not really consistent, they have evolved as a part of our country to maintain order. Some difference between the state and federal courts are that the state courts were developed from colonial arrangements, whereas the federal court was created based on our constitution. Another difference is the state courts typically settle criminal cases and civil suits where the federal court system settles disputes between states. Some similarities are they were both created based on the constitution. However, the state court is based off the state constitution, but the state constitution models the federal constitution. Another similarity was had the courts were organized. Although not perfect, both the federal and state court developed a three tiered structure. They were trial courts of limited jurisdiction, trial courts of general jurisdiction, and appellate courts. (Schmalleger 2012)
Jurisdiction
The federal court and the state court are different in jurisdiction because the federal court system has to “exercise its jurisdiction,” must be met before they can hear a case.
Next the federal court system are located an all states the state courts have the jurisdiction over legal disputes, whereas the federal court will have jurisdiction over bankruptcy matters. How they are similar is, both the federal and state courts can both of jurisdiction, this is called concurrent jurisdiction. Another similarity is, it is possible for a state and federal court system to hear a criminal case. (United States Courts
2012)
Current Structure The state and federal court systems current structure are different with regards to how the judges are selected. With the federal court system, the judges are selected by the president of the United States, whereas the state court system has a couple of ways. In some cases they may be voted on or another example would be the appointment of a judge. The cases that are heard between the two are different as well. The federal court hears cases that deal with disputes between two states for example, where state courts have civil and criminal cases for example. With both the federal and state court system, both have the job of settling disputes and upholding the law. How the cases are heard is similar as well. With both, each has their rights, and both are heard in an open court with a judge. Both are able to appeal the ruling by the judge if they feel the need to. (United States Courts 2012) I was able to gain a better understanding between the federal and state courts. One thing that stuck out the most was what cases each court system typically hears. I also learned who has jurisdiction, and that it is possible that both courts can have jurisdiction over a case. One challenge that courts may face are the cases that involves terrorist. It would be hard for me to give that person a fair trial knowing that he or she just killed thousands of Americans. This is where I can it would be a challenge in our court system.

Reference

Schmalleger, F. (2012). Criminal justice: A brief introduction (9th ed.). Upper Saddle River, NJ:
Pearson Prentice Hall. United States Courts (2012) The difference between Federal and State Courts. Research done on 6/28/2012 and retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction/DifferencebetweenFederalAndStateCourts.aspx