Jurisdiction Essay Sample: Federal Courts and State Court

2021-07-21 16:11:21
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Federal courts and State court play a significant role in implementing law and order governing the United States. The process has remained reliable over the years due to different levels of jurisdictions granted to these courts. This essay addresses the federal and state jurisdiction in criminal cases. It further discusses why there are many different court jurisdictions for criminal offenses. The discussion is concluded by justifying that the plethora of jurisdictions enhances the imposition of justice throughout the country.

When making legal decisions and judgment in criminal cases federal courts and state courts have different levels of authority. State courts have a broad official authority to make legal decisions. State courts have jurisdiction to give a ruling on cases that involve individual citizens. Cases that the state courts have jurisdiction over include those of robbery, breach of contract, family disputes and traffic violation rules. The state courts are however limited to cases that involve lawsuits against the United States and those that may affect federal laws. The latter involves bankruptcy, patent, copyright and maritime cases. The federal courts on the other hand deal with cases in which the United State is a party. A case involving a citizen of the United States and a resident of another state where the amount in controversy is more than $75000 is taken to the federal courts. Federal courts have the authority to handle cases involving the violation of the United States Constitution or the federal laws. The federal courts have jurisdiction over copyright, patent, bankruptcy and the maritime law cases.

Jurisdiction refers to the authority a court has to hear the criminal case presented in front of it. Jurisdiction can also refer to the geographical section over which a court's jurisdiction extends. Different court jurisdictions exist in courts as a result of the type of authority a court ha over a particular criminal case. Courts with original authority have the power to participate in a trial. These courts can be referred to as trial courts. During a preliminary evidence is presented in front of a jury. The board is responsible for determining the evidence submitted is fact and rules in favor of a party based on the facts presented. In the case where the ruling of the jury is questioned the case is appealed to an appellate court. Court of appeal has appellate jurisdiction. Appellate jurisdiction refers to the authority of an appellate court to review trial records presented to the tribunal in the first instance for error. The court of appeal has no power to listen to a test. It only reviews the transcript of the words spoken by both parties during the trial hearing. The appellate court, however, has the jurisdiction to decide if the ruling made by the trial courts remains the same, change the decision or send the case back to the trial courts with instructions.

The state courts have jurisdiction over people with small claims in controversy. They say costs frequently provide a low-cost option while resolving disputes where the amount in controversy is minimal. The traditional small claim courts only have the authority to award money damages. The money damages, however, should not exceed $10000. Traditional small claim courts do not have the jurisdiction to adjudicate family court matters such as granting petitions for divorce. Some courts are independent of the state and federal courts as they have their procedures and applicable laws. The courts are known as ad hoc tribunals. These courts include The military courts and Bankruptcy courts. Courts with general jurisdiction are authorized to hear cases not scheduled for courts with particular jurisdiction.

Jurisdiction of a court to carry out a trial depends on the subject matter. Authority was given to a court to perform a trial based on the case's issue I known as subject matter jurisdiction. In the case where the offense committed influences the federal law, the suspect will be tried in a federal court in which the offense occurred. In the case where the offense committed is against the state laws the suspect tried in the state court in which the offense occurred. In cases where the crime is controversial to both the federal and state laws, the suspect tried in both tribunals. Minor crimes are tried in one court while major crimes tried in another. About jurisdiction referring to the geographical area in which a court authority extends, a court can have personal jurisdiction over a case. Personal jurisdiction exercised in the scenario where by the defendant is said to have committed an offense in a geographic area where the court sits.

The plethora of jurisdictions enhances the imposition of justice throughout the country. As long as the court's rulings are not in contrast with the law governing the people, it is paramount for the court systems to work this way. The plethora of jurisdictions offer a level of practicability and keeps the systems in check and balance through appellate court.

 

References

BIBLIOGRAPHY \l 1033 Jurisdiction. (n.d.). Retrieved September 13, 2017, from The Free Dictionary by Farlex: http://legaldictionary.thefreedictionary.com/State+and+Federal+Criminal+Court+Jurisdiction.

Saylor.org. (n.d.). Criminal Law. Retrieved September 13, 2017, from http://www.saylor.org/books

Why do we have so many different court jurisdictions for criminal offenses such as federal, state, and local? (n.d.). Retrieved September 13, 2017, from Yahoo Answers: https://answers.yahoo.com/question/index?qid=20100630194717AA7n4iG

Why Isn't There Just One Court System? (n.d.). Retrieved September 13, 2017, from FindLaw: http://litigation.findlaw.com/legal-system/why-isn't-there-just-one-court-system.html

Wildasin, M. H. (2001, December). Internet Jurisdiction. Journal of Internet Law.

 

 

 

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