The United States has a dual court system that separates federal and state courts. America is

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• The United States has a dual court system that separates federal and state courts.

• America is characterized by cooperative federalism, meaning some of the lines between federal and state power are blurred.

• The dual court system, while ideal from a federalism standpoint, promotes complication and confusion (e.g., in the precise relationship between the courts).

• There is a distinct court hierarchy at both the state and federal levels.

• States often have limited jurisdiction courts (such as traffic courts), trial courts, appellate courts, and supreme courts.

• At the federal level, there are trial courts, appellate courts, and the U.S. Supreme Court.

• The Supreme Court has both original and appellate jurisdiction.

Its original jurisdiction is narrow and spelled out in Article III, but most of the Supreme Court’s business is concerned with hearing appeals from the lower federal courts and from the state courts.

• Higher courts have considerable influence over lower courts due to the hierarchical structure of court systems.

• Lower courts do not always “follow the rules” to the letter; many have developed creative means to cope with influential decisions from the higher courts.

Questions:-

1. What does it mean to say that the United States has a dual court system?
2. Distinguish between dual and cooperative federalism.
3. Explain the concept of court hierarchy.
4. Summarize the typical state court structure (i.e., what are the courts at each level, and what do they do?).
Do the same for the courts at the federal level.
5. Explain the relationship (real and ideal) between higher and lower courts.

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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