Federal and state courts

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Courts are avenues where people go to seek justice. The courts serve several functions to the community. Courts settle disputes by providing forums for obtaining justice. Justice is only served when the due process is followed. Courts provide avenues where states can punish suspects, injured people can be heard, and where private entities can seek redress for civil cases. Courts also make public policy decisions. The policies may regard the allocation of limited public resources. For instance, the court system made decisions on economic policies during the Great Depression. The court system has a duty to the state and the public concerning the interpretation of statutes. The supreme court may advise the executive on constitutional matters.

The paper shall focus on the role and structure of the federal and state courts. The word Jurisdiction comes from the Latin words juris which means law and dicere that means to speak which denotes the crucial role of the court system which is the legal authority to hear, pronounce or decide cases. The US constitution gives jurisdiction to this arm of government. There are four primary types of jurisdiction. Personal jurisdiction involves the legal authority of the court over an individual. A court acquires this jurisdiction the moment an individual comes into her contact or by being a citizen of the state or through committing an act that violates the state laws. Subject matter jurisdiction refers to the authority conferred to a court to hear and decide on specific types of cases. For example, some courts have jurisdiction over juvenile cases. Geographical jurisdiction refers to the power of courts to hear cases that arise within specified boundaries. The fourth form of jurisdiction is known as hierarchical that defines the functions and responsibilities of the various courts. There is general jurisdiction which gives courts unlimited authority to hear a diversity of cases. Original jurisdiction means the power to hear cases initially. Appellate jurisdiction refers to the power of the court to review the decisions of lower courts.

The US constitution establishes two court systems, the court systems of the fifty states and the federal court systems. The federal court systems consist of three tiers. The district court is the court of original jurisdiction for the federal court system. There are ninety-four federal district courts with a total of 670 federal district judges. The judges therein serve for life pending justification for good behavior. The second tier is the 13 courts of appeal. Eleven of these serve all the fifty states. The jurisdiction of the federal circuit is defined by statutes. The third one is the Supreme Court of the US. The court is the last resort for all federal systems and state cases dealing with federal constitution issues. The decisions of this court are definite and can only be overruled by future Supreme Court decisions or constitutional amendments. The court has independent discretion to decide the case they can hear.

The state courts are the workhouse of the judicial system. The form they take is unique and may be different for each state. However, the typical system consists of four categories. The courts of limited jurisdiction that handle less serious offenses and civil cases. Secondly, the courts of general jurisdiction that handle civil and criminal matters and have original jurisdiction over felony cases. The other two are the intermediate appellate and final appellate courts.

The criminal process takes various stages and begins with either an arrest or a complaint. Before an arrest is made the police must possess an arrest warrant. The suspect is then booked at the police department. The law requires that one is presented in court within twenty-four hours where they make the first appearance where the suspect is informed of their rights, charges, or bail. The next appearance is the preliminary hearing where the judge determines if there is probable cause. Charges are filed either through information from the prosecutor or indictment by a grand jury. This is then followed by arraignment where the defendant enters a plea. The trial involves three parties, the judge, the prosecutor, and the defendant attorneys. The judge gives the final verdict on the case which is subject to appeal by the higher courts.

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