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State Judges Vs Federal Judges Essay

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State judges and federal judges are required to be conversant with both the state and federal laws as they may be required to apply either in conformity with the United States Constitution. Once a case has started in one system, it must go through that particular system to the highest level. That is, if a case is brought before a state court, it must be appealed in the state court of appeal if any party in the court is satisfied. Nevertheless, if still there is a controversy, the appeal is taken to the state supreme court (The American Judicial System, n.d). If still any party in that case still feels that justice has not been served, then the aggrieved party has the right to move to the federal Supreme Court which is the highest court …show more content…

In the United States, most of the time, courts follow binding precedent when issuing decisions. They try as much as possible to follow rulings that have been made by higher courts. With the Supreme Court being the final authority on all constitutional matters and statutes that have been passed by congress, once the Supreme Court has set a precedent, it is binding for both federal and state courts (Starr, 1972). On the other hand, district courts must follow the precedent set by the appeal courts in their circuits. Further, the state courts must follow the precedent set by the Supreme Court and the appeal courts on matters federal laws. However, when it comes to state laws, the state supreme court is free to set the precedent as long as it does not violet the United States Constitution. All state courts in that state are free to follow this …show more content…

In the UK, the justice system is subject to the European Union laws to which it has a membership. The highest court in this land is the Supreme Court that was established in the year 2009 to take over from the House of Lords; a division of parliament which used to hold the final word concerning the law in the United Kingdom. Although the supreme court of the United Kingdom is the highest court in the land, it must work in consideration of rights grant by other European bodies such as the European Court of Human Rights among others (Judicial Office International Team,

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Our firm wished to sue in federal court rather than West Virginia state court. Stern described our reasoning for this as “Coal companies have more influence on West Virginia state courts than they do with less political federal courts” (Buffalo Creek Disaster, Gerald Stern, pg. 13). During my undergraduate business law course, I learned that “State court judges are elected and generally support companies who create jobs for their state” (Bock, Lecture notes on The American Legal System, pg. 6). Professor Bock described the different jurisdictions as, “State courts have jurisdiction over all cases that are not in the exclusive jurisdiction of the federal courts and for a case to proceed in a federal court, there must be federal subject matter jurisdiction”

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536 Words | 3 Pages

The states can contest the federal government rules and regulations in the federal judiciary branch. The states have contested federal laws, incidence of them blocking federal authorities from enforcing federal laws and cases involving individuals who break federal laws, but not state law (Levy, 2013). The ability of states to challenge federal laws that they feel are unconstitutional is part of our system of democracy. These challenges have led to parts of a law or the full law to be unconstitutional and overturned by the

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2120 Words | 9 Pages

There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.

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1114 Words | 5 Pages

The judicial branch consists of the Supreme Court, which has the right to solve any dispute between national and regional

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1045 Words | 5 Pages

A Supreme Court judge does not have the same authority to control a local area, however a Supreme Court judge has an equal responsibility to represent the best interest of the state by serving as a fair evaluator of the

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3225 Words | 13 Pages

In the United States, a Supreme Court decision is binding on all lower federal courts. State courts are only subject to follow a Supreme Court decision when it decides an issue of federal law, such as fundamental individual rights. Thus, one can say that Supreme Court decisions serve as de jure precedent for these courts. However, because no state can guarantee less protection than that granted by the Constitution of the United States, Supreme Court decisions also serve as de facto precedent by guiding the state legislature in drafting legislation in accordance with the Federal Constitution. Also, state court judges may use Supreme Court decisions are persuasive precedent in order to avoid getting overturned; this is part of the fear I was previously referring to, and it is a reason why it is so important that the institution reviewing constitutional issues be part of the judiciary hierarchy.

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1236 Words | 5 Pages

Also referred to as, “the court of last resort”, the state supreme court holds the highest authority and is the last state court a case can go to. Appeals from the state supreme court may go directly the U. S. Supreme Court provided that the appeal is based on federal constitutional grounds, (Dye & MacManus, 2014, pg. 258). Judges preside over the major trial courts of general jurisdiction, appellate courts and the state supreme court. There are five methods of selecting judges. These methods differ from state to state and often times states use more than one

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1248 Words | 5 Pages

Federal and State Judges hear a variety of cases and have multiple levels of courts in which is ends at a high court for overall decisions. Each state in the U.S. creates their own judicial system. They determine how judges will selected and qualifications they feel is necessary to be a judge in that state. I am from Texas and our philosophy is no different. There are many differences between Texas and federal judges

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756 Words | 4 Pages

Whenever we talk about the Supreme Court of the United States we all know that it is the major court in the country. They listen to cases appealed from lower federal courts or cases appealed from state courts. However, every single state has its own courts and every state has a supreme court. In the case of Texas there are two major courts which are the Supreme Court of Texas that is in-charged of hearing cases for civil matters. And then there is the Texas Court of Criminal Appeals that deal with any criminal matters in Texas.

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The next court is the Court of Criminal Appeals. They are consisted of Presiding Judge and eight judges. This Court has statewide and also final appellate jurisdiction of criminal cases. They also make rules of post-trial and appellate procedure for criminal cases.

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Short Paper: State and Federal Judges Introduction When comparing and contrasting the roles, qualifications, and duties of State and Federal Judges you will find that, although they sound like they are one in the same, but they do in fact have some differences. The primary responsibility in either case is that all judges must preside over the court to insure the law is applied correctly, and that the legal process flows smoothly. As such, judges must ensure that all parties involved in the proceedings follow the rules of the court, and must apply the law without any regard to public opinion, or personal indifferences about the case. The Qualifications and Duties of State Judge’s

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492 Words | 2 Pages

The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.

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517 Words | 3 Pages

The Supreme Courts job is not to correct the errors of other courts but to resolve substantial legal issues. The courts own guidelines say there must be "compelling reasons" for accepting a case. When the supreme court accepts a case the majority of the justices disagree with the rulings made in the lower courts. The courts then make a decision indicating which party won the case.

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801 Words | 4 Pages

Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

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499 Words | 2 Pages

When there is any disparity between this 'supreme law' and a statute, the Constitution prevails. More, though, it binds the judges of "every state" to give federal law preference. If it gives state judges the power of judicial review, why would it not give federal judges the power of judicial

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