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Law Opinion Paper

1298 words - 6 pages

Law Opinion
CJA/224
June 6,



State and Federal Court System

There are two kinds of courts within the United States; those courts are state and federal courts. The establishments of state and federal courts are local and state courts are established by the state. Federal courts are established by the U. S. Constitution. This established court decides arguments that involve the constitutional laws. State courts have a broaden jurisdiction, those cases are most likely to involve robberies, traffic violations and family disputes and those cases are normally held in state court.
The Constitution of the United States (U.S.) has established a system in which the federal government ...view middle of the document...

The Bill of Rights, (which are the first 10 amendments) as well as other amendments that states the Constitution, will tell certain procedural laws that show how substantive laws are administered. The federal statues are put into effect by Congress of the U S and those statues are put into effect by state legislations. There are city councils or other municipalities, which create laws that the council refers to as city ordinances. The criminal statues or certain states, as well as federal criminal statues and its definition of crimes be bound together a long with penalties that associate with them could be found the penal codes of every jurisdiction.
The function of those systems are viewed as being complicated, there are various sources of laws and courts of one system and they are often referenced or interpreted so that laws may be applied of another jurisdiction. With that in mind another court may have sovereignty to hear a certain case. A federal judiciary and individual state judicial system are built like a pyramid, beginning with entry level court with state and federal level courts. Those courts are trial courts were witnesses are subpoenaed to testify or evidence will be presented and will be used to help decide issues based on facts. The key components with the U.S. legal system that make it so complex and so interesting, would be the fact that both federal and state have its own judicial system is known by differences in functions and operations. However, the fact that there is an overlapping jurisdiction and any court will be able to hear issues of federal and state laws will compliable the functioning of those systems further.
According to (Supreme Court: The Judicial Power of the United States) There are ordinance and statues that will apply only in a certain jurisdiction that are put into effect when someone commits a crime he or she will be prosecuted in that jurisdiction in which the crime was committed. There are federal crimes that will violate federal laws and state crimes that will violate state laws; when a crime is committed in one state it may not be considered as a crime in another state, when a person violates a federal law it is considered a crime no matter what state the violator is in. When federal laws are violated it is considered a crime in all states. There are certain violations that will cause federal and state laws to be violated and local ordinance, such as the drug laws, this affect the will cause overlapping in the jurisdiction. Those violations will cause a confusion of whom and which jurisdiction has the authority to prosecute the violator.
(2009) Common law is the decision that is made by trial and appellate court judges. Common law is the main part that is used to make decisions by trial and appellate court judges, who make laws whenever he or she renders a particular case. That decision becomes a potential bases or precedent, for...

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