Essay about The Law And Procedural Law

Essay about The Law And Procedural Law

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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 interpretations and states have municipal courts. Georgia 's state court system like other states has limited, trial level, intermediate, and higher courts. The states have legal jurisdiction over matters such as marriage/divorce; whereas federal handles cases of the U.S. constitution. The federal courts in the United States are made up of district, appeals, and a supreme court.

3. Diversity jurisdiction is a ruling between a civil case tried involving citizens in different states or between a state and another country. An example of a case for this type of jurisdiction would be Erie Railroad Co. v. Tompkins. A question of federal jurisdiction case is any federal case of subject matter jurisdiction. The cases tried such as violence against ...

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...elections and are nonpartisan or partisan, some judges are appointed. Merit selection is what I think is best since appointment and election are both involved which gives the citizens a say while still giving some power to the government.

10. According to chapter 6 of the textbook the Judicial Process, the judiciary of the U.S. has increased in diversity some. The diversity of federal judges recently is almost half, up to 37% of being nontraditional. Federal not state judges are more diverse now because many judges are now women and not all fit the description of Christian, male, and white. Before the twentieth century minority and female lawyers and judges were rare and things have changed some now in recent decades. The case of Chisom vs Roemer in 1991 faced diversity on the bench and this case prohibited racial discrimination of judges, (Neubauer & Meinhold).

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