Common Law

Topics: Law, Criminal justice, U.S. state Pages: 3 (903 words) Published: June 19, 2013
The American Criminal Court System
Lakeshia Montgomery
CJA/224
June 13, 2013
Jim Taylor

Synopsis
This paper will cover the legal foundations of the American Criminal Court System. This paper what a court is and what is its purpose in the United States of America. This paper will also cover what a dual court system is. This paper will cover which of the three main functions of the courts; protecting people’s rights, resolving disputes, or upholding the law, is most important to the American people.

The Court and its Purpose
The courts serve as a legal representation for of society, enforcing, and upholding the law against offenders in America. According to the United States Justice Department a court is “an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” The courts responsible for deciding the fate of lawbreakers in America. Another purpose of the court is to ensure that disputes are presented in a means by which the case may be heard in a neutral setting. Disputes may occur between businesses, government officials, and private parties.

The dual Court System
The American Government exercises a dual court system. The American dual court system is composed of federal and state courts and is a system which power is constitutionally separated between the government and the states. What this means is limited restrictions for both the state and federal courts. The government cannot overrule the state court, and the state court cannot overrule the federal government. However, the federal government is afforded limited access into each state’s judicial matters.

Early Legal codes,...

References: Hammurabi 's Code: An eye for an Eye. (2013). Retrieved from
http://www.ushistory.org/civ/4c.asp
Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century
Retrieved from
https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx.
Schmalleger, F., Siegel, L. J., & Worrall, J. L. (2011). Courts abd Criminal Justice in America.
Retrieved from
https://ecampus.phoenix.edu/content/eBookLibrary2/content/TOC.aspx?assetdataid=0ccc6651-d90c-4d54-ba64-e3458d5838d4&assetmetaid=abea0ee8-b7a8-4ac2-b104-6171415c6cb9.
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