Court Systems
The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the different types of functions that a court serves. A investigation into the state of Colorado and its court structure will also be presented to help give a practical example of the court system. Finally, the essay will address quasi-judicial bodies and their impact on the courts and legal system.
The Basis for Authority
The United States Courts Government Website (n.d.), details a comprehensive overview of the basis of America's court system. The United States Constitution is understood to be the ultimate law of this land. This document allows specific powers to a federal or national government. The power not used by the federal government is, according to the Constitution, delegated to the responsibility of the states. Within this structure each of the fifty states has their own individual state constitution and governmental system that is designed by the citizens that reside in that state.
In both the federal level and state level of government, there is a separation of three powers or branches. These branches are the executive, legislative and judicial. The legislative branch, represented by congress at the federal level, creates the laws, the judicial branch is therefore responsible for interpreting and applying these laws into real world cases. The judicial branch has the responsibility of judicial review which can invalidate laws that are no longer useful or have become obsolete.
Comparing Federal and Local Courts
The federal model that is laid out in the Constitution requires that a dual court system be mandated; one by the federal arm and one by the states themselves. Federal laws are to be enforced by federal courts and state laws are to be enforced by state laws in this model. The federal laws and federal courts also have additional responsibilities in dealing with the laws of other nations and can intervene when conflicting parties are under different state jurisdiction.
The U.S. Courts Website wrote "Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts." Since this time the documented was enacted, Congress has created two sub-levels of federal court below the jurisdiction of the Supreme Court. These two levels are The United States District Courts and the United States Circuit Court of Appeals (USCCA). There are 94 district courts scattered among each of the fifty states and only 12 regional intermediate appellate courts that contribute to the USCCA
Each state court system is independent of one another and is created in a different manner. Although all are different some similarities are still present. All states have their own version of a supreme court or high court. This supreme court serves as the appellate court for that state, some may have other levels of appeals as well. State courts enforce state laws and hear cases that can be civil, criminal or other specialized types courts. Like the federal system, many state governments have different circuits and regions to help manage their legal system in an effective and efficient manner.
Roles Of Court Administrators
Linhares (2012) wrote "court administrators must be strategists and project managers, if for no other reason than it is not anyone else's job to think in those terms. Without a vision of how to improve long-term service to the state's citizens, grounded in the reality of a well-thought-out project plan, state court administrators will be left in a reactionary mode, attempting to put out fires rather than guiding future development." It is indeed very important that court...
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