Assessing Judicial Power Sample Essay
Assessing Judicial Power Sample Essay
CMRJ201…week 5
https://www.usa.gov/federal-agencies/administrative-office-of-the-u-s-courts
https://www.law.cornell.edu/wex/judicial_administration
https://www.aclu.org/blog/speakeasy/role-chief-justice
The United States has a dual court system; a federal court system and state court systems. The structures of these court systems are very similar in that they are broken up into multiple levels to handle both criminal and civil matters. Additionally, each court system has a structure that allows for an appeal process. In some situations, cases from the state court systems can be appealed to the federal court system Assessing Judicial Power Sample Essay.
In your initial response, compare and contrast the role and function of the federal court system with the individual state court systems. As part of your discussion consider both the administrative operations of the courts, as well as the public facing (court hearing) aspects. Conclude your response by stating whether or not you believe one court system is more effective than the other and briefly defend your position Assessing Judicial Power Sample Essay.
Assessing Judicial-effectiveness: Federal Court System versus State Court Systems
The United States, like most federal nations, boasts of the plurality of its judicial system which consists of both federal and state-level judicial systems Assessing Judicial Power Sample Essay. However, the plurality of U.S judicial system has also attracted questions on which of the two court jurisdictions is more powerful when controversies regarding the application of laws or court organization emerges. The diversity of U.S court systems, mainly premised on the administrative operation, organization, and functions of the courts, attracts considerable controversies about the power and effectiveness of either judicial levels.
The administrative framework and operation of the two courts differ to a considerable extent. The administrative framework of state courts is designed, implemented, and overseen under the direction of the state court administrator(Cornel Law School, 2021). The roles of the state court administrators include preparing and implementing legislative budgets, managing judicial personnel, authorizing funds for judicial education programs and research, as well as monitoring the compliance of lawyers and attorneys with ethical standards Assessing Judicial Power Sample Essay. The National Center for State Courts is an independent and nonprofit organization that offers state courts with all technical administrative processes. The federal judicial system, however, has different administrative outlook (Cornel Law School, 2021). A clerk of court is placed at each federal district to manage judicial budgets, oversee judicial education and research programs, and oversee the planning of all court programs and personnel administration. The Chief Justice of the U.S Supreme Court is regarded as the administrative head of the Federal court system.
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Federal courts deal exclusively with state and local legislation and handles cases that are embedded on the federal constitution and Congressional acts(Anderson, 1965). Court hearing is mainly conducted at the U.S District Court that available in each state. Parties that are dissatisfied with decisions established at the District Court seeks appeal in the U.S Court of Appeals available in each state Assessing Judicial Power Sample Essay. The cases addressed in federal courts are those in which the United States is a party, cases involving citizens from different states, those involving bankruptcy, copyright, maritime law, or patent rights. State courts, on the other hand, hold a broader jurisdiction and handle mainly criminal cases. This is specifically because most criminal cases are as a result of a violation of state laws. These include murder, robberies, traffic violation, broken contracts, and domestic disputes. However, crimes that violate the status of federal property such as military reservations and game parks are tried in federal courts. Both courts deem the U.S Supreme Court as the highest judicial body Assessing Judicial Power Sample Essay.
Federal courts, say district courts are bound to consider state law premised on whether the crime in question involves claims found both in state and federal law. Hall (2015), for instance, argues against the common notion that the U.S. Supreme Court is the most effective and powerful federal court to make decisions on social and political issues. Federal court systems, however, are more effective both in their administrative landscape as well as in their jurisdiction Assessing Judicial Power Sample Essay. Although state courts possess a broader jurisdiction considering that most criminal laws are state laws, federal courts assume full jurisdiction over claims that are embedded on the federal legal system, including all state issues raised along the case. (Spohn, 2005). Federal court systems are organized and administered better, hence are more effective in serving the U.S justice system.
References
Cornell Law School . (2021). Judicial Administration: An overview. Retrieved from Cornell Law: https://www.law.cornell.edu/wex/judicial_administration
Anderson, L. A. (1965). The Line Between Federal and State Court Jurisdiction. Michigan Law Review, 63(7), 1203-1208.
Hall, M. E. (2015). Testing Judicial Power: The Influence of the U.S. Supreme Court on Federal Incarceration. American Politics Research, 43(1), 83–108. Retrieved from 10.1177/1532673X14534063
Spohn, C. (2005). Sentencing Decisions In Three U.S. District Courts: Testing the Assumption of Uniformity in the Federal Sentencing Process. JUSTICE RESEARCH AND POLICY, 7(2), 1-27 Assessing Judicial Power Sample Essay.
