A “dual court system” can be described as a judicial arrangement using two autonomous court systems, one working at the national level and the other at the local level. The U.S. has the lengthiest-running dual court systems worldwide. Under American scheme of power-sharing called “federalism,” the country’s dual court system is made up of two disjointedly functioning systems: that is, the state courts and the federal courts. In an individual case, the judicial branches or court systems work autonomously from the legislative and executive branches (Lugard, 2013).
A “jurisdiction” of the court system defines the categories of trials it is constitutionally permitted to deal with. Overall, the jurisdiction of the federal courts encompasses cases dealing somehow with federal rules passed by Congress and implantation and interpretation of the American Constitution. Also, the federal courts handle cases whose results might affect numerous states, include interstate delinquency and big offenses such as counterfeiting, drug smuggling, or human trafficking. Moreover, the U.S. Supreme Court’s “original jurisdiction” permits the Court to resolve cases entailing disagreements among states, disagreements among foreign nations or overseas citizens and U.S. citizens or states (Howard, 2014). Although the federal judicial division functions independently from the legislative and executive divisions, it should frequently collaborate with them when obliged by the Constitution. The federal law courts define the federal laws’ constitutionality and settle disagreements over the way federal rules are imposed. Nevertheless, federal courts rely on executive division agencies to impose their judgments.
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The state courts handle cases that do not fall under the federal courts’ jurisdiction —for instance, cases relating to family law (child custody, divorce, and so on), probate disagreements, contract rule, court case relating to parties positioned in the same state, along with practically all defilements of local and state laws. As executed in America, the dual state/federal court systems provide the local and state courts flexibility to “individualize” their processes, legal clarifications, and choices to best suit the requirements of the people they serve. Approximately ninety percent of all lawsuits handled in the United States court system is listened to in the state courts.
Operational Arrangement of the Federal Court System includes the US Supreme court, federal courts of appeals, federal bankruptcy appellate panels, federal district trial courts, special federal courts, and military courts (Neubauer & Fradella, 2018). The State Court System Structure include state supreme courts, state courts of appeals, state circuit courts and municipal courts
From the perspective of an individual’s, there are positive and negative aspects of the dual court system. On the positive side, the individual person has over one court system willing to protect his/her rights. The system offers alternate means wherein to appeal for assistance. Actually, the numerous discrepancies amongst the state courts themselves could boost a person’s possibility to be listened to. State courts differ in the extent to which they deal with some types of issues or cases, grant access to certain groups, or support some interests. In case a certain matter is not addressed in one place, it could be addressed in another, producing various different chances for a matter to be listened to someplace across the country.
Nonetheless, the presence of the dual court system, as well as discrepancies across the nation and states, imply judicial decisions regarding what is lawful or unlawful might vary from state to state. Where an individual is physically positioned may determine what is legal, and also the manner in which cases are decided. Individual state court system functions with its set of biases, therefore, the outcomes they generate are not constantly identical. This implies that there cannot be uniform execution of the law nationwide, thus bringing about disparities in how people are treated.
References
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system . Cengage Learning.
Lugard, L. F. J. (2013). The dual mandate in British tropical Africa . New York: Routledge.
Howard Jr, J. W. (2014). Courts of appeals in the federal judicial system: A study of the second, fifth, and District of Columbia circuits . Princeton University Press.
