10 May 2022

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Federal and State Jurisdictions

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Academic level: High School

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Jurisdiction is a state where a certain entity makes decisions that are legal and within an area of operation. There are two main courts in the United States categorized as state courts and federal courts. These two courts have different jurisdiction which is assigned to them so as to avoid conflict. The state courts hear all cases and are referred to as general jurisdiction while the federal courts hear cases that are in special situations and are said to have limited jurisdiction. Criminal cases are majorly handled by the state courts since they are courts of general jurisdictions, and criminal act is a general thing. There could be a criminal case that raises a certain federal question. This case having being a criminal case that is supposed to be handled by the state courts, the federal courts have now the rights to hear this case. This is because federal courts hear all cases that contain federal questions. There is a constitution written so as to prevent these two courts from having conflicts of the type of cases each is supposed to handle.

The supremacy clause defines that the federal law is above all laws available in the United States. This means that the state constitutions are subordinate to the federal figure. According to Fremont-Smith (2009), the state law is the one supposed to be in authority other than the federal law. When the federal law governs the jurisdiction of the country, then there will be some sort of conflicts in administering judgment in cases. This is a duty that is well played by the state courts. The state courts have the general jurisdiction and in that case, the federal courts should be under them for effective dealing with the law. These two courts should operate separately on different structures. When the state law is subordinate to the federal law, then the state laws would not have much effect. This way the state courts will have a very low jurisdiction since the federal courts rule over everything. The state of jurisdiction is very vital, and the constitution should indicate the appropriate jurisdiction to different courts. 

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It is the work of courts to handle criminal cases brought to them by a state. There are different cases brought to courts some of which even after a judgment is passed by the court the state may feel that the judgment was not enough or perhaps not well done according to the type of case concerned. That is the reason for there being several different courts’ jurisdiction so that when one is not comfortable with the judgment of a certain court he can appeal to the next court which is higher than the other one. There are different types of criminal offense, and it is not wise when a court deals with all the cases. There should be a distribution in which certain courts are responsible for certain cases like there would be a court that deals with only murder and terror cases. This is also a call for different court jurisdiction. There are many courts with different powers vested on them so as to handle their cases on different terms provided they are within the constitution. The courts will now have their responsibilities on the type of cases they are to handle and forward that case they are not in a position of handling to a higher court.

Plethora of jurisdiction helps with the imposition justice within the country. Where the court has intense power, there will be a lot of safety in that people will fear to be on the offensive side. The courts should have authority to deal with any case; all cases taken to the Court should be judged appropriately. This way justice will be administered well. If a court has no much power over its cases, some cases which the court has no power over will be dismissed and this is not fair to the state that took the case to court. A state court located in a particular area should be able to handle criminal offenses within the area ( Galanter, 2004) . However, in these areas, there are big crimes committed which in that case should be handled by the court of that particular region. If the case is taken somewhere else, its ruling may not be as people would have expected since different courts have different ways of administering judgments. This is why the courts should be given much power to handle even big crimes. For the sake of justice, court ruling should be done with a plethora of jurisdiction. 

References

Fremont-Smith, M. R. (2009).  Governing nonprofit organizations: Federal and state law and regulation . Harvard University Press. 

Galanter, M. (2004). The vanishing trial: An examination of trials and related matters in federal and state courts.  Journal of Empirical Legal Studies 1 (3), 459-570.

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StudyBounty. (2023, September 15). Federal and State Jurisdictions.
https://studybounty.com/federal-and-state-jurisdictions-essay

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