Law Enforcement Structure, Function and Jurisdiction
Court System Structure, Function and Jurisdiction
Performance Assessment Task 4
Kelly Schoepke
Introduction to Criminal Justice
Phil Schmidt
November 6, 2009
Over the years the U.S. court system has evolved into an intricately balanced legal process (Siegel, 354). The founding fathers of the nation considered an independent federal judiciary essential to ensure fairness and equal justice for all citizens of the United States. The American judicial system is made up of two separate court systems, the federal and the state. This structure was created by the U.S. Constitution and is called Federalism. Federalism refers to a sharing of powers between the national government and the state governments. The supremacy of each government in its own sphere is known as separate sovereignty, meaning each government is sovereign in its own right. Both the federal and state governments need their own court systems to apply and interpret their laws.
The federal court system is made up of two types of courts. The first type is courts that derive their power from Article III of the constitution. Included in this type are the U.S. district courts, U.S. circuit courts of appeal and the U.S. Supreme Court. There are also two special courts that are not general jurisdiction courts. These courts are the U.S. court of claims and the U.S. court of international trade. All judges of Article III courts are appointed by the President with the advice and consent of the senate and serve life terms. The second types of courts are considered type 2 and are also established by congress. These courts are magistrate courts, bankruptcy courts, U.S. court of military appeals, U.S. tax courts and U.S. court of Veteran’s appeals. Magistrate and bankruptcy courts are attached to each U.S. district court. These judges are appointed by the president with the advice and consent of the senate. They hold office for a set number of years, usually 15. U.S. court of military appeals,
Performance Assessment Task 4
Kelly Schoepke
Introduction to Criminal Justice
Phil Schmidt
November 6, 2009
Over the years the U.S. court system has evolved into an intricately balanced legal process (Siegel, 354). The founding fathers of the nation considered an independent federal judiciary essential to ensure fairness and equal justice for all citizens of the United States. The American judicial system is made up of two separate court systems, the federal and the state. This structure was created by the U.S. Constitution and is called Federalism. Federalism refers to a sharing of powers between the national government and the state governments. The supremacy of each government in its own sphere is known as separate sovereignty, meaning each government is sovereign in its own right. Both the federal and state governments need their own court systems to apply and interpret their laws.
The federal court system is made up of two types of courts. The first type is courts that derive their power from Article III of the constitution. Included in this type are the U.S. district courts, U.S. circuit courts of appeal and the U.S. Supreme Court. There are also two special courts that are not general jurisdiction courts. These courts are the U.S. court of claims and the U.S. court of international trade. All judges of Article III courts are appointed by the President with the advice and consent of the senate and serve life terms. The second types of courts are considered type 2 and are also established by congress. These courts are magistrate courts, bankruptcy courts, U.S. court of military appeals, U.S. tax courts and U.S. court of Veteran’s appeals. Magistrate and bankruptcy courts are attached to each U.S. district court. These judges are appointed by the president with the advice and consent of the senate. They hold office for a set number of years, usually 15. U.S. court of military appeals,
References: A brief overview of the supreme court. (n.d.). Retrieved November 6, 2009, from www.supremecourts.gov/about/briefoverview.pdf Appeals process Article III Constitution. (n.d.). Retrieved November 1, 2009, from www.law.cornell.edu/constitution/constitution.articleiii.html Constitution Court of appeals. (n.d.). Retrieved November 4, 2009, from www.wicourts.gov/about/organization/appeals/function.html Federal courts in Wisconsin- eastern district Federal courts in Wisconsin- western district. (n.d.). Retrieved November 3, 2009, from www.wiwd.uscourts.gov/index.html Judicial statutes Judicial statututes. (n.d.). Retrieved November 5, 2009, from http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=top Municipal courts Siegel, L. J. (2008). Introduction to criminal justice (12thth ed.). Belmont, CA: Wadsworth. State court system U.S. court system. (n.d.). Retrieved October 29, 2009, from http://www.2.maxwell.syr.edu/plegal/scales/court.html Understanding federal and state courts Wisconsin blue book 2005-2006 (n.d.). Retrieved November 8, 2009, from http://digital.library.wisc.edu/1711.di/wi.wibluebks Wisconsin blue book 2007-2008 Wisconsin court teacher guide. (n.d.). Retrieved November 3, 2009, from www.wicourts.gov/services/teacher/docs/teacherguide.pdf