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Essay / Dual Judicial System Research Paper - 1421
UNITED STATES HIERARCHYDUAL COURT SYSTEM In the United States, there is a dual court system. The dual court system is divided into federal courts and state courts. Everyone hears different types of cases; neither is completely different from the other. The United States Constitution gives powers to the federal courts and reserves the rest to the state. FEDERAL COURT SYSTEM The federal court system expressly deals with legal issues. Federal courts make decisions that concern issues related to the U.S. Constitution, treaties, federal laws, and federal commerce. The federal court system has its origins in the U.S. Constitution. Article III provides that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” Judges, both of the supreme and inferior courts, shall hold office for good behavior and shall receive, on appointed dates, a remuneration for their services which shall not be diminished during their continuance in office. This article shows that the power to interpret United States law will be controlled by the Supreme Court and the lower federal court. Congress will create a lower court from time to time. The Constitution creates only the Supreme Court, but it allows Congress to create any other lower court whenever necessary. Thus, when the Supreme Court's workload becomes too great, Congress can create lower federal courts. On the other hand, as long as judges demonstrate "good behavior", most of them will be appointed for life by the President of the United States and will run the federal court system; however, he needs Senate confirmation. Middle of document......courts include trial courts of general jurisdiction, trial courts of limited jurisdiction, special courts and courts of appeal. Court of first instance of general jurisdiction, except in cases specifically prohibited by law. Therefore, the trial court of general jurisdiction has almost the same function as the federal district courts. Many cases brought before the Federal District Court may also be investigated before the district court of general jurisdiction. Exceptions include bankruptcy and patent infringement actions, which can only be brought in federal court. At the county level, most trial courts of general jurisdiction are organized. All trial courts of general jurisdiction have different names from state to state, such as Circuit Court, Court of Common Pleas, and Superior Court..