The purpose of this paper is to make the reader aware about the significance of the history of judicial system prevailing within the premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developments and the dual court system of the United States.
The development of the state courts within United States can be traced back from the colonial period. Every state in United ...view middle of the document...
The state courts have now taken four different forms of trial courts; courts of limited jurisdiction, courts of last resort, intermediate appellate courts and trial courts of general jurisdiction (James, 2009).
The Dual Court System
The dual court system identifies the differences between state and federal courts. As discussed above, state and federal courts are normally distinguishable. The dual court system of United States refers to the different tracks of federation and states under the basic judicial branch of government. Federal courts are normally assumed to conduct the matters of criminal and civil nature which falls under the categories of constitutional law and federal law. Various policies and significantly important issues like bankruptcy and federal taxes are dealt with by the federal courts. On the other hand, state courts are responsible to conduct the cases of criminal and civil nature which falls under the categories of state laws and state constitutional matter (Columbia Encyclopedia, 2007).
The court system within United States provides clear distinctions between the federal and state government’s judicial branches. United States clearly makes the application and interpretation of law dependent on the states and federal levels both. The division of the court system of United States is in two separate systems; the federation and the states refers to the dual nature of United States Court Systems. Both the federation and the states are provided with the independence to execute and create legislative branches within governments.
The dual court system is considered to be the product of the colonial period. The establishment of federal judiciary in 1789 by the constitution of United States refers to the independent court system based on the English model. Both the systems, the English and American, were developed simultaneously. Both systems are now able to practice jurisdiction exclusively in some areas and concurrently in others (Mauer, 1996).
The two branches of the dual court system are federal and state court systems. Federal court systems are assumed to be easier to understand. The federal judiciary involves the highest court of the country which is ‘Supreme Court’ of United States. The Supreme Court is exclusively utilized by the federation and it is clearly provided by the constitution. Moreover, federal judiciary also provides certain courts like Court of Federal Claims and the Tax Courts (Walker, 1980).
The State Courts System, on the other hand, are extremely diverse. None of the states provide similar judicial practices. State Courts include inferior courts which are further classified as magistrate courts, municipal courts, county courts and many others. There are also some superior courts at the state levels known as circuit or district courts (James, 2009).