1. The difference between substantive law and procedural law is that substantive procedures actually create the legal rights of individuals and states. Procedural law instead is due process and enforces the laws created through carrying out the established rules. Remedies in civil lawsuits are damages and these include compensatory and punitive damages. Compensatory means actual payment of fines such as medical bills to injured party, whereas punitive is rarely carried out and more of a warning. Injunction means to do or not do something such as placing a restraining order on the defendant as a guilty party.
2. The U.S. dual court system is divided into two branches and the federal court system is one system, the state court systems are the other and exist in each of the 50 states and territories. The dual court system now in recent years has had an increase in federal court judges, larger cases, and some minor matters. Most crimes are defined by the states and left up to their own
Lower courts are ones like justice of the peace and municipal courts. Justice of peace are people courts, have limited power, and deal with civil matters. Municipal courts are urban, quick, involve pleas, and usually only one appearance and then settled completely. Process is punishment in these courts since there 's sometimes jail, the defendant has to await bail, and there 's fines involved. An example of a municipal court where process is punishment is a hearing for a traffic offense.
6. Kimbrough v U.S. was a trial of a defendant pleading guilty to possession of drugs (cocaine) and firearms. Issue involved was of felonies committed and multiple counts of possession which led to a heavier sentencing than possession of other drugs because defendant was a drug trafficker of crack and powder cocaine. Pleading guilty to all four offenses led to a sentence of less than life in prison. The court’s final ruling was a minimum of 15 years total in prison for multiple
Stuntz discusses how there has been a big shift of power in the criminal justice system. When America was first getting started the judge had more power, but today that power has shifted and the judge has less power than the prosecutors. The federal government has big concerns in other areas, while the criminal justice is not its’ own, but works differently. The responsibility and the management of the criminal justice system belong to local elected officials, local law enforcement, and state law. Also the criminal justice system tends to focus more on the Bill of Rights, which four of them are specifically about crime in America (Fourth, Fifth, Sixth, and Eighth). Stuntz also discusses substantive and procedural law and shows how they can be related, but are also very different. Substantive law defines what a crime and what punishments fit, meanwhile procedural law is about the process the of the criminal justice system, for example, procedural law will explain the steps a police officer must take in order to have a justifiable arrest. There’s also a lot of comparison between the nineteenth century criminal justice process , and the twentieth century. In the nineteenth century, there was no elected officials the judge made all decisions, and prosecutors were only paid by cases and conviction, which caused to convict even the pettiest of crimes. Meanwhile, in the twentieth century the balance of power
Gradually, however, justice was established by scientific law. The private, scientific law courts had no government force at their disposal. The Sheriff served the due process of the law. He was not a law-enforcer. The scientific law courts were private courts that were supported by the fees charged to litigants.
1. Equal protection clause is part of the 14th amendment according to the clause it governs every citizen to be treated equally under federal law. Furthermore, substantive law follows the 1st amendment rights which has nothing to do with public safety. The 1st amendment and the 14th amendment coincides. The 1st amendment allows freedom to privacy, voting, marriage etc. The 14th amendment allows the government to uphold the equal protection law which states when a law or action limits difference coinciding with the 1st amendment which states fundamental rights includes equally protection. However, the difference is the laws requires motor cyclist to wear helmets and motorist to wear seat belts. However, if a motorist is operating a comfortable
The Role of Courts in American Politics The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, "The judicial power of the United Statesshall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court was initially set up as a part of the separation of powers in the American political system.
Although federal law is effective throughout the United States, different states have different state laws. In this essay, I will discuss the differences and similarities between the federal and California judicial system. Under the U.S. Constitution, there are three levels that provide court cases that can be heard in the federal and state governments. Whenever a law case is issued, Trial Courts are always the first court people would have to go through.
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
national government, Congress is the legislative branch. The Executive branch is led by the President and the judicial branch is run by the Supreme Court (SCOTUS). Each branch of the national government has power over each other and can check each other. Congress makes laws for the entire country. The president (executive branch) carries out the laws that congress makes. The judicial branch interprets how the law should be read. Each branch has separate jobs (separation of powers). For the state, governors have the authority to issue executive orders. This means that they can veto the legislation they enforce state laws instead of national laws. In the state, the legislation branch consists of two houses which are considered bicameral. The judiciary branch of the state government is the state courts. The state and national level of government basically check each other in the same ways at the legislative
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.
Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.