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Quizlet federalism
Development of the American court system
Quizlet federalism
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systems that adequately fulfill the need of the state’s interest. In Puerto Rico, the geography creates a special need, therefore, multiple lower courts are imperative. The lower court system will entail a lower municipality court and the small claims court. These courts will be based on the jurisdiction size and location, while still following the standards of the Puerto Rico Constitution. Besides municipal courts the lower courts will also entail small claims courts in order to relinquish the larger caseloads in the intermediate court system. The Intermediate court or appellate court will be the next level of in the court system. The immediate court will be responsible for appeals within lower municipality courts and small claims, it will also entail a Common Pleas Court. And just as all other United States jurisdictions, the Supreme Court will be the highest court in the nation, in which will be the decision maker in all cases that are appealed in the U.S. State Courts, as well as to determine what is considered a violation of the Constitution. Because of Puerto Ricco’s uniqueness and size, the Municipal Court also known as Minor or People’s Court, will reflect Pennsylvania ‘s standard of being the first level of the Puerto Rico Judicial system (The Unified Judicial System of Pennsylvania, 2016), Municipal …show more content…
Similar to Pennsylvania’s court structure, it will be responsible for handling appeals in the lower courts, matters involving the common wealth fare of the children such as juvenile delinquents, civil and criminal suites and family matters (The Unified Judicial System of Pennsylvania, (2016). Common plea courts will function as the general trial courts over all 78 jurisdictions. It will have jurisdiction of all municipalities, and handle cases that are beyond the jurisdiction of other courts. The divisions of the common plea courts will include criminal, domestic, civil and
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.
Jesus Colon, in “How to Know the Puerto Ricans,” makes a statement that I believe explains and articulates the effect centuries of exploitation has had on Puerto Rico, and on the identity of Puerto Ricans. He writes, “So when you come to knock at the door of a Puerto Rican home you will be encountered by this feeling in the Puerto Rican-sometimes unconscious in himself-of having been taken for a ride for centuries.”(Santiago, 71) This assertion is appropriate and logical in the sense that Puerto Rico was invaded, ruled, and exploited by the Spaniards from 1508 until July 1898 when the Spanish flag was lowered and the United States began its invasion. With the exclusion of the aristocrats, who were either directly from Spain or criollos , there was complete oppression in Puerto Rico during the time it was a Spanish colony. The history of Puerto Rico under Spanish rule is useful in understanding the formation of Puerto Rican identity and in understanding some of the literature written by Puerto Ricans regarding issues of identity.
In order to complicate the things, like not-incorporated territory, Puerto Rico never it was put in automatic route towards a possible statehood since it they have been all the other incorporated territories, as it they have not either been the other not-incorporated territories of Guam, the Virgin Islands and the Marianas Islands of the North. Confused contradictory and, the situation have been evolving gradually to one of gradual integration of Puerto Rico with the U.S.A. The legal and constitutional evolution of the law and precedents that has been accumulated through the years from the promulgation of the Insulars Decisions have tended to treat to Puerto Rico more and more like a state federated in very many areas of their political and economic subjects, except in the most important subject of their last sovereignty.
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 commonwealth of Puerto Rico (Estado Libre Asociado de Puerto Rico), known to most Americans as simply Puerto Rico, exists as one of two territories owned by the United States1. Being a territory of the United States, Puerto Ricans possess common citizenship, currency, and defense. However, even though Puerto Ricans are United States citizens they do not pay any kind of federal income taxes. Therefore, they cannot vote in presidential elections. Puerto Rico is under the jurisdiction of the United States customs, and are allowed free movement of people and merchandise with the United States. They have established their own constitution, and have a greater amount of independence than possessions. Although they are only a territory of the United States, they have remained ethnically diversified2.
...are generally at a county level, which are decided by judges who base their decisions on information presented in court. At the state level, there are state appellate courts. This type of court takes place when a defendant loses a trial and questions concerning the law arise. A smell number of cases go to the appellate court. The federal court consists of the Supreme Court and District courts. Each District court is placed due to a specific geographical area. These courts rule on federal cases such as fraud or bank robberies. All federal cases are heard in front of a jury.
Whenever a law case is issued, Trial Courts are always the first court people would have to go through. The U.S. District Courts are the Federal Trial Courts. As the lowest level of the Federal Court System, The U.S. District Courts take care of most of the Federal cases. The State of California courts is called the Superior Courts. Similar to the U.S. District Courts, Superior Courts heard most of the State cases (Superior Court of California).
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.
Puerto Rico and Cuba are known to be the two wings of the same bird, mostly because of their great similarities in history, culture, and struggles; yet, because of their differences in achieving their goals of self-government. Cuba was able to have full independence from Spain and have its own form of government; nonetheless, Puerto Rico, after achieving its independence from Spain, was annexed by the United States of America toward the conclusion of the Spanish-American War. Both of these islands, under Spanish rule, survived violent political policies and excessive military personnel in their lands and were able to achieve a form of sovereignty. Puerto Rico and Cuba were the final colonies of Spain in the Western Hemisphere; Cuba gained independence, yet Puerto Rico achieved a different form of sovereignty by becoming a territory of the United States. Moreover, this annexation of Puerto Rico with the US creates a democratic form of colonization; known popularly as a Commonwealth, but to the world Puerto Rico is still known as the oldest colony in the world.
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.
The colonization of Puerto Rico by the Americans resulted to a decline in the economy; the presence of the American took every opportunity that the people of Puerto Rico had. In addition, colonization made Puerto Rico a foreign country; this made the import tax to increase rapidly. The Americans took the economy of that country from their hands and into their own; they controlled everything for the time that they colonized the country. In addition, all the farmers were forced to work for the Americans under severe conditions and less wages, thus declining the economy of Puerto Rico. Below is a picture of the people of Puerto Rico on the streets demonstrating on the declining economy under
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,
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.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
... Supreme Court of Justice (formerly known as the House of Lords). Courts that are considered as higher courts in the hierarchy of courts would be the Court of Appeal and the High Court.