Historical Development

When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law. In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.' As a result of the Constitution and the forming of the Federal Court, the powers were divided between the state and central government. There are fifty-one separate systems of courts, one for each state and another for the federal government. Hence the term “dual court system”. The federal court system includes: the U.S. Supreme Court; the U.S. courts of appeal; the U.S. district court; and courts of special jurisdiction. The U.S. Supreme Court, established in 1789, is the highest judicial body and final court of appeal in the United States. Its nine members include one chief justice and eight associate justices who are appointed by the president and confirmed by the Senate. The Supreme Court is responsible for explaining the U.S. Constitution and making sure that federal and state laws comply with its articles and amendments. It is based in the Supreme Court Building in Washington, D.C. In addition to the nine members, there are also court officers to assist the court in its performance. The other members are; Counselor to the Chief Justice, the Clerk, the Librarian, the Marshal, the Reporter of Decisions, the Court Counsel, the Curator, the Director of Information. Within the American Criminal Justice System there are two types of courts; the state court which is a state judicial structure. The state court