Most Critical Component Of The Criminal And Civil Justice System
U.S. Courts
Ruben Barron
CJA/224
March 23, 2013
Anna Navedo-Pingore
Abstract
The American justice system has many aspects to its structure. Law enforcement agencies, lawyers and correctional institutions are just a few of those aspects. The most critical component of the criminal and civil justice system is the court system. Without the court system, the justice system falls apart. Courts predate police organizations as well as jails by thousands of years. The court system also known as the judicial system serves the public by interpreting laws. Courts protect rights, administer justice in a fair manner and interpret the constitution. Courts not only administer justice in criminal cases but also in civil and administrative cases. …show more content…
Keywords: State Court, Federal Court, small claims court, constitution.
intro In this next essay I will be focusing on the American court system and the complicity of its structure. I will describe the difference between the federal and state court system as well as the introduction of the courts to the United States. Understanding the courts and how they are build is of great importance to the criminal justice major so identifying the role of courts in today’s justice system will be included.
State and Federal The division between the federal and state court system is called the dual court system.
Federalism is considered to be the concept in which a group of members are merged as one with a governing representative head. This federalism created in 1787 at the Constitutional Convention gave the U.S its two independents systems. Federal courts enforce federal laws, rules and regulations and interpret the Constitution of the United States of America. One of the differences between the state and federal courts are the appointed judges. The president of the United States with the consent of the senate appoints the U.S. Federal judges. Federal judges are also known as Justices rather than judges. These Justices can generally serve until death, retirement, resignation, or impeachment while state judges are normally required to serve for terms. The Constitution and laws of each state establish States courts. Virtually no two states have identical judiciaries. State courts like federal courts have a hierarchically organized system of general courts along with a group of special …show more content…
courts.
Purpose and History. The courts in today’s America exist to do justice, guarantee liberty, resolve disputes, maintain rule of law, provide equal protection and ensure due process. Early legal codes like the code of Hammurabi that dates back to 1772 B.C in Babylonian times and the ancient Germanic law play big parts in the creation of today’s courts. Common law, which is also known as precedence or case law, is law that has been developed by other court decisions in similar cases. These three entities have played a big role in the creation of today’s U.S. courts and will continue to change the future structure as more and more case laws are implemented.
Small claims.
The court system and the different types of courts it has, have been created to take on different responsibilities and authorities. Each court has specific cases it can hear as well as appellate court, which reviews lower court decisions. An example of one of those courts is small claims court. Small claims court has been created to settle disputes involving small sums of money usually below 5,000 dollars. The movement to establish small-claims courts typically began in the early 1960s, when justice of the peace courts were increasingly seen as obsolete, and officials felt it desirable to have such a court to allow people to represent themselves without legal counsel. The basic reason for small claims court is to provide an inexpensive, fast and easy way for consumers to resolve disputes without the need to employ a solicitor. This is just one of the many courts that create the court justice
system.
Conclusion Understanding the structure of the court system can be problematic and extensive but knowing how and why the courts exist and how they work is of great importance. The courts give forums for presenting complaints of a criminal or civil nature. The purpose of the courts, state or federal is to make decisions on those matters and to ensure that rules and laws are adhered to. I hope this essay has given you a better understanding of the court systems and how they operate.
References
Seigel, L., Schmalleger, F., & Worrall, J. (2011). Criminal law today (4th ed.). Retrieved from The University of Phoenix eBook Collection database. www.judiciallearningcenter.com. (2012). Retrieved from http://judiciallearningcenter.org/state-courts-vs-federal-courts/
Ruben Barron
CJA/224
March 23, 2013
Anna Navedo-Pingore
Abstract
The American justice system has many aspects to its structure. Law enforcement agencies, lawyers and correctional institutions are just a few of those aspects. The most critical component of the criminal and civil justice system is the court system. Without the court system, the justice system falls apart. Courts predate police organizations as well as jails by thousands of years. The court system also known as the judicial system serves the public by interpreting laws. Courts protect rights, administer justice in a fair manner and interpret the constitution. Courts not only administer justice in criminal cases but also in civil and administrative cases. …show more content…
Keywords: State Court, Federal Court, small claims court, constitution.
intro In this next essay I will be focusing on the American court system and the complicity of its structure. I will describe the difference between the federal and state court system as well as the introduction of the courts to the United States. Understanding the courts and how they are build is of great importance to the criminal justice major so identifying the role of courts in today’s justice system will be included.
State and Federal The division between the federal and state court system is called the dual court system.
Federalism is considered to be the concept in which a group of members are merged as one with a governing representative head. This federalism created in 1787 at the Constitutional Convention gave the U.S its two independents systems. Federal courts enforce federal laws, rules and regulations and interpret the Constitution of the United States of America. One of the differences between the state and federal courts are the appointed judges. The president of the United States with the consent of the senate appoints the U.S. Federal judges. Federal judges are also known as Justices rather than judges. These Justices can generally serve until death, retirement, resignation, or impeachment while state judges are normally required to serve for terms. The Constitution and laws of each state establish States courts. Virtually no two states have identical judiciaries. State courts like federal courts have a hierarchically organized system of general courts along with a group of special …show more content…
courts.
Purpose and History. The courts in today’s America exist to do justice, guarantee liberty, resolve disputes, maintain rule of law, provide equal protection and ensure due process. Early legal codes like the code of Hammurabi that dates back to 1772 B.C in Babylonian times and the ancient Germanic law play big parts in the creation of today’s courts. Common law, which is also known as precedence or case law, is law that has been developed by other court decisions in similar cases. These three entities have played a big role in the creation of today’s U.S. courts and will continue to change the future structure as more and more case laws are implemented.
Small claims.
The court system and the different types of courts it has, have been created to take on different responsibilities and authorities. Each court has specific cases it can hear as well as appellate court, which reviews lower court decisions. An example of one of those courts is small claims court. Small claims court has been created to settle disputes involving small sums of money usually below 5,000 dollars. The movement to establish small-claims courts typically began in the early 1960s, when justice of the peace courts were increasingly seen as obsolete, and officials felt it desirable to have such a court to allow people to represent themselves without legal counsel. The basic reason for small claims court is to provide an inexpensive, fast and easy way for consumers to resolve disputes without the need to employ a solicitor. This is just one of the many courts that create the court justice
system.
Conclusion Understanding the structure of the court system can be problematic and extensive but knowing how and why the courts exist and how they work is of great importance. The courts give forums for presenting complaints of a criminal or civil nature. The purpose of the courts, state or federal is to make decisions on those matters and to ensure that rules and laws are adhered to. I hope this essay has given you a better understanding of the court systems and how they operate.
References
Seigel, L., Schmalleger, F., & Worrall, J. (2011). Criminal law today (4th ed.). Retrieved from The University of Phoenix eBook Collection database. www.judiciallearningcenter.com. (2012). Retrieved from http://judiciallearningcenter.org/state-courts-vs-federal-courts/