Miscellaneous / Dual-Court System
Autor: andrey 13 April 2011
Words: 448 | Pages: 2
What is the dual-court system? The dual court system refers to the fact that the US has a federal court system and 40 separate state court systems. The state courts are bound by their own statutes and constitution, US statutes and Constitution, rulings and precedent from higher courts within the state, rulings of the federal courts in their jurisdiction, and by precedent from the federal appeals courts in their jurisdiction, and by the US Supreme Court. The federal courts are bound by US Statutes and Constitution, precedent and rulings from the appeals court in their jurisdiction, and by the US Supreme Court. The Federal Appeals courts are bound by US Statutes and Constitution and by precedent from the US Supreme Court. The US Supreme Court is not bound by anything except the US Statutes and the US Constitution, but they can declare a US Statute unconstitutional (Schmalleger 2011, pg. 310).
Why do we have a dual court system in America? Actually it all ties in with "Checks and Balances" One court system is for criminal justice and everything tied along with such things and the other deals with money currency and everything of that nature. We have a dual court system to make sure that every trial is fair and that no one court system may over rule and are more powerful than any other. They all keep each other in check.
Could the drive toward court unification eventually lead to a monolithic court system? No, the drive towards court unification could eventually lead to a monolithic court system because they 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.
Would such a system be effective? A monolithic court system would be disastrous in the USA. Since each state has the right to create it...