The States Courts would likely hear case (a) and the Federal Courts would likely hear case (c). Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. With that being said, both cases (b) and (d) are prime examples of the overlap. With cases (b) and (d) being able to go to either to state or federal courts, we then need to find the determining factors to what court would be the proper one for the cases. For instance
The court of common pleas operates in what appears to be a very systematic way. What I mean by that is everything is according to numbers. They call your court case number and then your name, at that point if the person is present they step up and ask for an extension and the judge determines whether or not the person will be trailed or allowed an extension. Unfortunately, I was unable to witness the process of a trail. Lots of people did not show up and when the judge did issue a trailing the person
Distinction is between courts of original jurisdiction and courts of appellate, or review, jurisdiction. Courts having original jurisdiction are courts of the the first instance, or trial courts. Almost every case begins in a trial court. It is in this court that a trial (or a guilty plea) takes place, and the judge imposes a sentence if the defendant is found guilty. Trial courts are primarily concerned with questions of fact. They are designed to determine what exactly events occurred that are
adult courts. Transfers, waivers, and certifications are all a formal procedures of moving a juvenile to adult court for trial instead of allowing them to remain in juvenile court. By moving a juvenile to adult court, it is then possible for harsher punishments to be imposed, for just deserts and severe punishments for violent offenders, fairness in administering punishments suitable because of one’s actions, a deterrent to decrease juvenile violence, less leniency compared to the juvenile court system
Just about everything happens in the court room however, it does seem confusing to someone who hasn’t experienced the justice system first hand. In order to conduct hearings efficiently, there is a pre-set order and all proceedings are carried out according to a certain procedure (n.d). All details are pre-deferred such as who stands there, who stands where, who takes the floor when and who are allowed to be in the court room or not allowed (n.d). The room is situated in a way which is abide by these
Federal court processes have four steps, the frist step is the initial stages, the second is the pre-trial proceedings, the third step is the trial and guilty pleas and the final step is sentencing and post-judgment proceedings. Criminal cases are process through a clerk office which is tied to the federal court. The clerks office aids the court by processing criminal cases through the federal system in a timely order. The clerks office help both parties in the producers by organizing and followed
Court System Controversy Although there is a standard for courtrooms and how they should function it is, nevertheless, unrealistic and unable to be upheld due to bias, prejudice- either conscious or subconscious, and stereotyping. Initially, bias is using personal experiences to hold strong emotions toward a variety of groups of people. Bias can affect the court system in countless ways. For example, an individual may connect to the person on trial by race, gender, ethnicity or commonality between
there is no hearing. Both the defense attorney and the prosecutor will give their opening statements. After that, they will give their opening statements. Finally, they will present their evidence, etc. Our court system is very similar to Earth. Almost identical. Are there
Introduction The courts have many different functions, such as resolving disputes, reviewing and passing laws, as well as decision making. In this paper I will be arguing the points of why family courts should be the last thought when going through a divorce involving children and their psychological well-being in the stages of a child to an adult. Family Court, just like any other court has the job of figuring out whether a breach of legal right has taken place and what verdict would be right for
filed in opposition to him or her, courts set bail to make an effort to ensure the person charged may show up in the court for upcoming hearings. A bail is the amount of money the defendant has to deposit along with the courtroom to secure her or his freedom while the defendant 's case is being heard from the court. When the defendant will not pay the bond set by the judge, the defendant goes to jail until the court hears his or her case. In certain cases, the court may not actually make bail arrangements
I had the opportunity to visit a Kankakee County Domestic Violence Court on February 24, 2016. The purpose of this assignment was to challenge me to think about social justice, oppression, and discrimination related to individuals and families as well as social service providers in the court system. The purpose of the Domestic Violence Court was designed to improve the safety of victims and their families through related family issues, such as custody, visitation, civil protection orders, divorce
requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. Some subpoenas mandate that book, papers, and other items be surrendered to the court" (Schmalleger 301). A court, Grand Jury, legislative body, or Administrative Agency uses a subpoena to compel an individual to appear before it at a specific time to give testimony. An individual who receives a subpoena but fails to appear may be charged with contempt of court and subjected to civil or criminal
In the Criminal Justice system and in particular trial courts, witnesses` give testimony when taking the stand. There are several types of witnesses`, Lay witness, Expert witness, and Law Enforcement witness. Witnesses’ give an account or testimony of the facts and issues in a trial (findlaw.com). An ordinary witness in a criminal court case is referred to as a “Lay Witness”. A Lay witness has first-hand knowledge about matters relevant to the case and their testimony, and or opinion is subject
The first drug court was established in Miami-Dade, Florida in 1989. Drug courts were established because of the “revolving door of drug use” and increasing recidivism rates. Drug courts have the ability to change a person’s life for the better by teaching them how to beat their addictions while providing the proper treatments for each offender. As a result, of the ongoing development of drug courts it is unfair to expect the system to be indefectible. Still, there are many benefits in participating
story is a great example of the many problems with the court system. The problems include: Jurors not being able to ask questions in court, people are appointed unqualified lawyers if they don’t have money to pick one themselves, giving them a less fair trial, also the accused are tried by peers who are biased and just don’t care about the trial. The first major problem of the court system is that Jurors cannot talk or ask questions in court. This proves to be a serious problem because a juror could
Did the district court have the jurisdiction to interfere in the city’s discretionary action? This court reverses the trial court’s judgment; the trial court has no jurisdiction to interfere in the lawful discretionary act of local public officials. The trial court has limited authority to implement its judgment over a discretionary act of the city officials, unless it reviews a crime or a violation of legal compliance. The trial court also does not have the authority to specify, how a local government
In this discussion I will be discussing the operation and mission of the courts. The court is the place were justice starts. The court procedure are fairly standard throughout the United States. The organization and the operation of courts consist with the prosecutors, the defense attorney, witnesses for both sides, the judge, and finally the jury, which has the fate of the defendant in its hands. The prosecutor’s job is to convince the jury that the defendant committed the crime. The defense attorney
Supreme Court ethics, legal ethics opinions and other stated regulation. Recently, the Supreme Court of Virginia declined the adoption of carefully formulated formal rule governing its paralegals. They were the proposed regulations that provided an imperative compendium of paralegals ‘pros and cons’. Two directives govern the appearing before a tribunal: It states in the Virginia Standards Guideline II that a paralegal can never represent a client in any administrative agency or court unless permitted
On the morning of February 2nd, 2018, a trial was held in downtown Tucson which I had the privilege of attending. Located in the recently-constructed Pima County Justice Court, a violation of an order of protection and domestic violence trial between two parties was administered on floor 5, room 507. The parties involved were Terry Hansen, the defendant, Peter Connor, his attorney, Cecelia Brough, the plaintiff, and Gabby Ruesch, her attorney. The trial was to begin at 9:00 AM and last for approximately
In the state of Maryland on July 29th, 1986 Kirk Noble Bloodsworth was brought to trial. The crimes that were said to be committed were; first degree murder, first degree rape, and first degree sexual offense. The defendants in the case were the following; Julia Doyle Bernhardt and George E. Burns, Jr., Asst. Public Defenders (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Valerie V. Cloutier, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on brief), Baltimore, for appellee