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Foundations and principles of the american legal system
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The Florida court system is composed of four different court structures. First, there is the Supreme Court, which is the highest court system in Florida and according to Florida Courts website, “Decisions stemming from Florida’s highest court have helped shape, certainly, the state itself, but the nation as a whole.” (FL Courts, n.d.) The Supreme Court is comprised of seven Justices and at least five of those Justices must contribute in every case and four must agree so a resolution can be reached. Secondly, there is the District Courts of Appeal which provides the chance for a thoughtful review of decisions of lower hearings by a multi-judge panel. “District Courts of Appeal correct harmful errors and ensure that decisions are consistent with …show more content…
The Circuit Court is where most criminal and civil court cases take place. There are twenty Circuit Courts in the state of Florida. According to the Florida Courts website, “The Constitution provides that a circuit court shall be established to serve each judicial circuit established by the Legislature. Within each circuit, there may be any number of judges, depending upon the population and caseload of the particular area.” (FL Courts, n.d.) Lastly, the final court system, and the second of two Trial Courts in Florida, is the County Courts. There is a County Court in each of Florida’s sixty-seven counties. County Court judges serve a six-year term and may be assigned to help out in Circuit Court cases if needed. The number of judges in a County Court varies because the populations of each county are different, some being larger than others. Florida Courts website states, “The county courts are sometimes referred to as "the people's courts," probably because a large part of the courts' work involves voluminous citizen disputes, such as traffic offenses, less serious criminal matters (misdemeanors), and relatively small monetary disputes.” (FL Courts, …show more content…
There are some similarities between the Federal Court and the Florida Court. One similarity is that they are both broken down into different categories, each dealing with a different problem. Another similarity is that both the Federal level and the State level each have a Supreme Court. The difference between Federal Court and the Florida Court is that in the Court of Appeals, the Federal judicial district is broken down into twelve circuits, whereas in Florida, it in broken down into five. The task of the Court of Appeals on the Federal level is to make sure that laws are applied appropriately in the trial court. Another difference between the Federal Court and Florida’s Court is that the Federal Courts have a bankruptcy court system, whereas the Florida Court does not. According to the United States Courts website, “Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court.” (Court Role & Structure, n.d.) Lastly, another difference between the Federal Court and the Florida Court is that the Federal Court has an Article I court, where Florida does not. The Article I Court is one that reviews agency’s decisions before they are finalized. Article I Courts are broken down into the U.S. Court of Appeals
Flagiello lost at the state trial court level and has appealed to the state supreme court. The state supreme courts are entrusted with analyzing the legal standard that was applied at the intermediate appellate court level. Thus, the role of state supreme court is effectively to implement rules of procedure and govern the practice of law in the state.
No, the drive towards court unification could eventually lead to a monolithic court system because the would give the federal court system too much control and besides, state legislative would make the better decision when it comes to the needs and local affairs. This would not be an effective solution because the system is too complex. The state legislature is better fit to make right decision about local affairs.
Holten, N. G. & Lamar, L. L. (1991). The Criminal Courts Structures, Personnel, and Processes. Florida: McGraw-Hill, Inc.
In the Texas court system, judges are elected instead of appointed like in the federal government. In the federal government, the president appoints members to the Supreme Court. This appointment then heads to Senate where the members of Senate will take a vote
Municipal courts have limited jurisdiction over violations of city ordinances, the issuance of criminal warrants, and traffic violations within city limits. Municipal courts also conduct preliminary hearings. There are 370 municipal courts that are funded by the city or town in which they preside. 350 judges oversee the courts and they are either appointed or elected.
The state of Florida has passed a new law pertaining to the Juvenile Justice System which gives the officer that makes first contact with the youth offender. The officer may, if the youth has no prior criminal acts and the offense is a non-violent or non-drug related offense, just file a civil citation. This happens to be a new program designed to address a youth’s behavior at their first encounter with the Juvenile Justice system providing an alternative to being arrested. Vital to the Department of Juvenile Justice’s effort, civil citations will help reform the juvenile justice system by handing first-time misdemeanor offenders the chance to participate in intervention programs at the earliest stage of delinquency. Civil citations saves millions of dollars by curving first-time misdemeanor offenders, that would have otherwise been spent if the youth had been arrested and forced to go through formal delinquency procedures. The civil citation process put into place by the state of Florida starts with the arrest forms being held and then a diversion process begins. Once the assessment completed to determine the youth’s needs a referral to the appropriate Community Diversion Service is given. The diversion service may consist of a Teen Court, First Offender Program, or any other Diversion Programs the community may have set up. If successful the teen will have no juvenile record and be released from the program. With unsuccessful youths, there arrest form will be completed and a record of the offense will go on the books then they will be sent to delinquency intake to spend some time in a facility for juvenile offenders.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
The state government of Florida is made up of the executive, legislative, and judicial branches. The executive branch is headed by the governor and also includes other officials like the lieutenant governor, attorney general, etc. The legislative branch is bicameral with a house and senate similar to that of the United States legislative branch. The judicial branch mainly consists of the state supreme court and lower appeals courts in the state. Local governments exist within the state government and there are two types, general purpose and special purpose.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
According to Roger Miller, “trial courts that have general jurisdiction as to the subject matter may be called county, district, superior, or circuit courts.” The majority of their cases are to be handled in-county first before proceeding further through the court system. Just as businesses and organizations have a chain-of-command or protocol system, the government has the same. Then, there are the circuit courts coming in as the middle step of the judicial system.
The case of the State of Florida vs. Chad Heins happened in 1994 in Mayport, Florida. It was on April 17, 1994 that Tina Heins, who was pregnant at the time, was found stabbed to death in her apartment. She shared an apartment with her husband Jeremy Heins and Jeremy’s brother Chad Heins. At the time of the incident Jeremy Heins was on a ship because he worked in the navy but Chad Heins was at the apartment. Before the incident happened Chad Heins, the defendant, who was nineteen at the time, used his brothers license to buy alcohol at a strip club near the apartment. After that Chad Heins had went to another bar where his brothers license got confiscated. He left the bar around 12:45 a.m. and went back to the apartment. He then washed his
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.