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Answer the discussion question within a minimum of 150 words. Please quote and use apa format as your works cited. Then respond to student 1 and student 2 response to the discussion question. (50 word minimum).
Discussion Question: (150 word min)
What is the “dual court system?” Why do we have a “dual court system” in America?
Compare and contrast the structure of the state court system against the federal court system. What crimes are normally prosecuted in state court and not federal court, and vice versa?
Student 1 Response:
The dual court system is the judicial structure that we use in the United States. It is comprised of the Federal court system and the State court system.We use this twofold arrangement to separate legislation into federal and state cases.This allows the states to have some legislative control apart from federal intervention in local issues; allowing each state to govern their own affairs (Schmalleger, 2013).
The court system at the state level is set up starting with the lower courts: which include traffic court, magistrate, district courts, and the Justice of the Peace, these courts typically handle misdemeanor cases.Next, you have probate courts, who take care of wills, estates, trusts, and guardianships. These are followed by trial courts for more serious offenses, the appellate court, which is more commonly known as the court of appeals, and lastly, the State Supreme Court, or the court of last resort (2013, p.273).
The Federal court includes 94 District courts, tax, international trade, claims, veterans appeals courts, and courts of the U.S. military.They also have three appellate courts at the next level, and then finally, the U.S. Supreme Court (2013, p.273).
The state court system hears cases criminal cases that occurred within the state, and civil matters; such as wills and estate issues, personal injury suits, divorces, adoptions, and other issues related to state laws (U.S. Courts, 2018).Whereas, the federal court handles constitutional law cases, litigation involving treaties with the United States, legal actions with ambassadors, disputes between two states, and bankruptcies (U.S. Courts, 2018).In addition, the U.S. attorney for the district determines if a criminal case is to be heard in federal court.
Student 2 Response:
The dual court system is the partition of the law court into two distinct schemes, one state and the other federal, with every one of the fifty states, has their courts. The trial court is the sort of law court in which a particular case initiate or its first started. A dual court system is a constitutional assembly engaging two self-governing systems of court, one working at the native level and other at the state level. Australia and the United States have the world’s large organization dual court systems.
Instead of developing or rising into one, the United States has had a dual system of court continuously. Even before the 1787 Constitutional Convention. It is mostly based on the administrative practices and the English laws which are extremely disseminated with the colonial leaders. The United States has a court sorts a dual court system including courts and the federal courts in both of the fifty states. On equally stateside and the national side, the Supreme Court of the United States is the greatest of all and in the last & final court for the appeal.
As a whole, the federal court’s authority comprises of cases distributing in specific technique with the federal laws passed by Congress and application and interpretation of the Constitution of United States. The federal legal division activates distinctly from the policymaking & lawmaking divisions, and it should regularly work with them when compulsory by the Constitution. These federal level courts deal with cases whose results might influence numerous states, include regional misconduct & main crimes such as, drug smuggling, counterfeiting, and human trafficking (OpinionFront.N.p, 2018).
While state courts pact with those cases that are not under the authority of federal courts. For instance, cases including kinfolk’s law (annulment, child protection, etc.), agreement law, certification arguments, and complaints including parties positioned in the similar state, in addition to almost entirely destructions local and state laws.
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