Federal Versus State Courts Authority Essay

Tags: constitution court system courts jury law south carolina supreme court trial

Open, View, and/or
Download this Document

Total Length: 666 words ( 2 double-spaced pages)

Total Sources: 4

Page 1 of 2

Federal and State Court Authority



The federal court system was founded by the United States Constitution and derives its authority from that document. The establishment of the federal court system is specifically derived from Article II which created the institution of the Supreme Court, the highest law in the land, and also permitted Congress to establish a system of lower courts. At present, there are 94 district level trial courts and 13 courts of appeal (“Court Role,” 2018). The state courts derive their power from the state constitutions directly, although state authority does not supersede that of federal authority. This was a major sticking-point between federalists and antifederalists and remained a point of contention during the early days of the republic.



State courts possess what is referred to as general jurisdiction, which means that all cases not within the scope of the federal courts are within the jurisdiction of the state courts (“State Courts and Federal Courts,” 2018). All state courts are bound by the US Constitution, of course, but their primary task is to interpret state laws and state constitutions. For example, some states have additional protections or restrictions on certain behaviors, and state courts enforce such laws and ensure compliance.

Stuck Writing Your "Federal Versus State Courts Authority" Essay?

View All Our Example Federal Versus State Courts Authority Essay

Have A Custom Example Essay Written

Although the state courts lack national authority, 90% of cases in the United States are heard in the state courts. These include crimes that are violations of state laws, including criminal laws, disputes about constitutionality, cases in which the states are a litigant, such as violations of tax policy, and real estate cases. State courts also often have special juvenile and traffic courts to hear those specific offenses (“State Courts and Federal Courts,” 2018). These cases often have unique features, such as the additional protections and restrictions offered to juveniles, which is why they are deemed to be more appropriately relegated to a separate system.



The critical difference between trial and appellate courts is that trial courts hear matters pertaining to questions of fact, while appellate courts hear cases pertaining to the law (“What is the Difference,” 2018). The appellate court does not retry the entire case. Instead, judges (rather than a jury) determine if there was a legal error in terms of the way the case was tried. No new evidence, such as witness testimony or physical artifacts, may be presented during an appellate court hearing (“What is….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


References

Court role and structure. (2018). US Courts. Retrieved from: http://www.uscourts.gov/about-federal-courts/court-role-and-structure

Peak, J. (2015). Justice administration: Police, courts, and corrections management (8th ed.)
Pearson.

South Carolina. (2018). Court Statistics. Retrieved from: http://www.courtstatistics.org/Other-Pages/State_Court_Structure_Charts/South- Carolina.aspx

State courts and federal courts. (2018). Judicial Learning Center. Retrieved from: http://judiciallearningcenter.org/state-courts-vs-federal-courts/

What is the difference between trial courts and appellate courts (2018). Indiana Judicial Branch. Retrieved from: https://www.in.gov/judiciary/2677.htm

sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Federal Versus State Courts Authority" (2018, April 15) Retrieved April 23, 2024, from
https://www.aceyourpaper.com/essays/federal-versus-state-courts-authority-essay

Latest MLA Format (8th edition)

Copy Reference
"Federal Versus State Courts Authority" 15 April 2018. Web.23 April. 2024. <
https://www.aceyourpaper.com/essays/federal-versus-state-courts-authority-essay>

Latest Chicago Format (16th edition)

Copy Reference
"Federal Versus State Courts Authority", 15 April 2018, Accessed.23 April. 2024,
https://www.aceyourpaper.com/essays/federal-versus-state-courts-authority-essay
   

Open, View, and/or
Download this Document
order custom essay example