Historical Development of the U.S Court Systems

In: Other Topics

Submitted By dahila
Words 1286
Pages 6
Historical Development of the U.S Court Systems


University of Phoenix

When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law. In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.' As a result of the Constitution and the forming of the Federal Court, the powers were divided between the state and central government. There are fifty-one separate systems of courts, one for each state and another for the federal government. Hence the term “dual court system”. The federal court system includes: the U.S. Supreme Court; the U.S. courts of appeal; the U.S. district court; and courts of special jurisdiction. The U.S. Supreme Court, established in 1789, is the highest judicial body and final court of appeal in the United States. Its nine members include one chief justice and eight associate justices who are appointed by the president and confirmed by the Senate. The Supreme Court is responsible for explaining the U.S. Constitution and making sure that federal and state laws comply with its articles and amendments. It is based in the Supreme Court Building in Washington, D.C. In addition to the nine members, there are also court officers to assist the court in its performance. The other members are; Counselor to the Chief Justice, the Clerk, the…...

Similar Documents

Court Systems

...Court System Introduction 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. Discussion The development of the state courts within United States can be traced back from the colonial period. Every state in United States organizes its court system independently. Every state has been provided with the right to choose its own organizational structures and the possible jurisdictions of their respective courts. Various types of courts have been developed throughout the history of United States. The federal level states have trial courts normally called district courts and circuit courts which are the appellate tribunals. In New York most of the trial courts are considered supreme courts (Columbia Encyclopedia, 2007). The development of court system started in the colonial period. Local judges were called magistrates on the lowest level of their colonial judiciary. By the early eighteenth century, the development of formal courts started. After the American Revolution in 1775, distrust towards the......

Words: 1195 - Pages: 5

Historical Development

...Introduction When one thinks about the historical developments in nursing research and research utilization, the statement is indeed true… that nursing has evolutionalized. This brief journey into historical research has been described by LoBiondo – Wood and Haber (1998) as ‘the systematic compilation of data, resulting from evaluation and interpretation of facts regarding people, events and occurrences of the past’ History is where we come from, who we are, and where we are going. History may not always repeat itself exactly, but knowledge of history can serve as a guide to avoiding pitfalls or mistakes similar to those in the past (Rees and Howell, 1999) Developments covered will include the work of Florence Nightingale, the development of the Nursing Science Journal and the Agency for Healthcare Research and Quality (AHRQ), the identification and development of the first nursing diagnosis conference and the development of the Healthy People 2010. Florence Nightingale is best known as the person who founded modern nursing. She chose nursing despite the disapproval of her family. Her choice to rebel against the traditional woman’s role as a wife and mother helped her as she started her initial research role by focusing on the patient’s physical and mental wellbeing and promoting a healthy environment. She is noted for her collection and analysis of soldier morbidity and mortality data during the Crimean War. The research enabled her to change the attitudes of the military......

Words: 1071 - Pages: 5

Court Systems

...The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an imperfect process to deliver justice. Throughout the years there’s been controversy and debate between the rights of state and federal courts. However, as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and the Judiciary Act of 1789. Weaknesses of the Articles of Confederation in the past was thought to be the absence of a national supreme court to enforce federal law and resolve conflicts and issues between different states. The major issue during the Convention in Philadelphia in 1787 was that there be a separate court system for federal and state. This divided the people into two groups, the Federalists and the Anti-Federalists. The Anti-Federalists were advocates of state’s rights and feared a strong national government that would result in the weakening of individual liberties. The Federalists on the other hand distrusted the states and favored a strong national government. This conflict between the two groups was later resolved at......

Words: 2828 - Pages: 12

The United States Dual Court System and Its Historical Developments

...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the......

Words: 864 - Pages: 4

History of the Criminal Court System

...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established.  Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes.  These were considered judge made laws.  Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003).  It was important for judges to use this procedure, making it a less difficult to prosecute each case independently.  According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws.  As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases.  Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law.  The changes came about, when the common laws were......

Words: 1086 - Pages: 5

U.S. Supreme Court Case

...U.S. Supreme Court Case CJA/354 Criminal Law The Supreme Court of the United States is the Nation’s highest court, and was established on 4, March 1789; the court is made up of a Chief Justice and five Associated Justices. From the time the United States established the Supreme Court there has been 112 Justices of the court, including 17 Chief Justices ("United States Senate Committee on the Judiciary ", n.d.). Over the years the United States Supreme Court has heard cases brought on by one state against another, between state and federal government known as “original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing......

Words: 1211 - Pages: 5

Historical Development

...Best and Worst About the Historical Development of the American Workplace Student’s Name Course Number Instructor’s Name Introduction The workplace history of America defines the past of organized labor, in addition, to the overall past of working individuals, in America. Pressures dictating the manner and authority of arranged labor have involved the evolution and autonomy of the corporation, endeavors by employers and individual agencies to restrict or regulate unions and American labor rule. As a reaction, arranged unions and labor federations have competed, altered, combined and separated in opposition of a backdrop of altering social philosophies and periodic federal intervention. The American workplace has espoused a group of values, solidarity being the most significant, the sense that every individual should look out for the wellbeing of all. From this followed commitments to mutual help, to a rough and ready feeling of partiality, to a disdain for elitism. The working individuals of America have had to unite in the struggle to attain the benefits that they have acquired through this century. Enhancements did not come effortlessly. Labor in United States has rightfully been explained as a stabilizing force in the state economy and a bulwark of the sovereign community. Additionally, the benefits that unions have been able to attain have brought advantages and disadvantages, direct and indirect, to the general public. Historical Development of the American......

Words: 1363 - Pages: 6

Court System

...United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the......

Words: 1226 - Pages: 5

Assignment 1: Historical Transitioning and Growth of the U.S. Health Care System

...health insurance and premiums, and The Health Care Reform Act. The financial aspect and technology has also changed healthcare. More money is being spent on technology which allows better treatment for patients. Advanced technology has led to better health care quality and the reduction of medical errors. There are social dynamics that also helped shape healthcare. The changes in demographic across the country play a major role in the type of health care that is needed and available for a specific group of people depending on where they stay and their income. Some of the major fluctuating and daunting challenges in health care management are operating cost, government mandate and regulation, and the new system put in place to comply with the ICD-10 diagnosis code system. All of these things play a major role in health care and the changes that are happening everyday. ​The amount of people who are uninsured in the United States is substantial. Most people who do not have insurance are low income working families. In most instances, the adults are the ones who are not insured but the children are. The reason for the rise of uninsured Americans is the high price of health insurance and the loss of jobs due to recession. “Growth in Uninsured” (2005) states that at a November 4 policy briefing examining the latest health coverage trends and the implications for the nation’s healthcare safety net, the Kaiser Commission on Medicaid and the Uninsured profiled the growing......

Words: 2354 - Pages: 10

Historical Development of the Us Courts System

...Historical Development of the U.S. Court System Denise Willaims CJS/200 The United States has a dual court system that consists of state courts that primarily hear civil and criminal cases related to state laws and federal courts that primarily hear civil and criminal cases related to federal laws. The U.S. Constitution designed the federal and state governments to share power. Both courts were put into place to seek to resolve legal disputes and promote justice whether it be to protect your civil rights or to protect your personal property. The American court system is rated one of the highest in the world in comparison to other countries. It prestigious qualities ranks it higher than almost any other country in the world. The United States seems to hold a higher regard for human life that of our surrounding countries. Most of the crimes in the United States are not crimes that are punishable by death, whereas what the United States considers a misdemeanor, could be punishable by death in another country. In the United States, we also get a fair trial which you are represented by a lawyer who is paid to act in your best interest. In other countries, you may not get a lawyer, or even a trial for the crimes you are accused of committing. Most countries depend upon statutes or written law. It includes laws formally put into play by parliaments or......

Words: 275 - Pages: 2

Historical Transitioning and Growth of the U.S. Health Care System

...2010). A change in political, social, and technological development started in 1940. The birth and development of Blue Cross came about with new method of payment. By 1901 Theodore Roosevelt was behind the construction for hospital. The funding from Hill-Burton was the creation of Medicare. In 1940-1980s deficiency disease gone, heart disease better treated by trained physicians. People started new conditions of life style change with drugs, eating habits and better hygiene. Technology expansion and specialized physicians and trained nurses were on board. The federal government was concern about stabilization of income and wage protection. The healthcare system became an organizational social interest to the government. This got the government involved in healthcare. By World War II antibiotics was discovered and used for treatment for chronic illnesses for cancer, heart disease, stroke and renal failure. (Williams,.Torrens2010). Evaluate the importance of financing and technology in healthcare. Provide examples to support your response. The United States is known to have many resources that can be used to provide the best health services to a patient. Health care in the United States has standards to work by and these standards are set. Our health care industry has well trained high skilled staff, and physicians along with advances in medical technology devices to improve the health care system. In order to see a growth in health care there must be......

Words: 1552 - Pages: 7

Historical Transitioning and Growth of the U.S. Health Care Systems

...Historical Transitioning and Growth of the U.S. Health Care Systems Strayer University Historical Transitioning and Growth of the U.S. Health Care Systems Abstract I found four articles that talked about the milestones in healthcare, financial and technical structure, changing demographics and the baby boom generation. Some of the authors include James Kirkman, Emily Snell, Rick Ratliff, S. Smith and the European Commission Decision. As time moves forward, health care continues to change and evolve in order to keep up with the growing population. If we did not constantly analyze each health care system to see where we need improvements, we would not be able to successfully fulfill our patient’s needs. First we must examine the key milestones involved in the past and present shaping and transitional dynamics behind changes in the present health care industry. Ratliff et al. (2012) stated that “Where central governments have traditionally implemented whole-system change, we also can see similar attempts to connect healthcare providers as part of a single system. A national culture and the relationship between government and its citizens are also influencing factors. Accenture’s previous research into citizen perspectives on healthcare quality has shown that the balance of trust, confidence and communication between citizens and government can vary tremendously across nations”. By having this type of arrangement and effective communication, when it is time to move to......

Words: 934 - Pages: 4

Court System

...INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the two different systems came, and how the systems relate to today. Two branches are equally important, and the following is going to mention about how both the State and Federal Courts interact with one another. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. At the first level of the courts, which is called a magistrate (Schmalleger, 2009)? The head of the colony is the person who decides who fills this position. Following was the majority of trial cases. Lastly was the third court level, having a case that the courts appeal, with the head of the state and the members that he had chosen were the ones that heard the case which the Grand Jury was brought in at this time (Carp & Stidham, 2001). As centuries...

Words: 1144 - Pages: 5

Development of the U.S Courts

...established, the United States legal system has been an important order of justice in our nation. Regardless of social status, gender, race and ethnic background this system is designed to allow all citizens to receive a fair criminal trial. One of the most important characteristics of this system is the Dual Court System; The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. By the time the U.S. Constitution had first mandated (1789) the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the English model. To better understand how the Dual Court System works, we should analyze what is the meaning of Dual Court System; the United States has two court systems, the federal and the state. The federal court system, with exceptions, hears cases involving federal matters. There are fifty state courts, one for each state. These are independent of one another, and have their own rules and regulations. Usually, state courts decide cases that involve issues happening within the state. These state courts have been developed throughout the years, a very efficient system with multiple courts that allow attending different cases and trials (Lieberman 2004) Of the two systems, the federal is by far the......

Words: 1075 - Pages: 5

Historical Development

...Historical Development Response Christina Najar CJS/200 William Patton 05/18/2012 Historical Development Response In the United States people have held individuals accountable for their actions throughout history. It may have been by hanging individuals that were found guilty or some other type of punishment for the crime that seemed suitable for their actions. In today’s society the justice system does not condone to hangings and blood baths, the justice system today relies on a dual court system, the state court and the federal court. These courts decide guilt or innocence and impose sentences on the convicted. There are different levels in the United States court system and they all dispense justice and help ensure that officials in the justice system work within the law when carrying out their duties (Schmalleger, 2011). The dual court system is a result of a general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control (Schmalleger, 2011). The original American colonies each had its own system for resolving disputes. In 1629, Massachusetts Bay Colony created a General court, a governor, deputy, 18 assistants and 118 elected officials. The laws were made by legislature and the court. As the colonies grew throughout time so did the court system and by 1776 the colonies established a full functioning court system. The state court......

Words: 602 - Pages: 3