Cyber Law – Discussion 3

A. Explain why there are two types of legal systems in the United States: State and Federal systems. How are they similar and how are they different?

I am adding my classmate’s response for the above question. You will have to write response for each post in 250 words. No references needed.  

Discussion 1: (Khushbu Patel)

The United States has two individual court systems which are state court and federal courts because of federalism. This concept is introduced by the U.S constitution where every single system has its unique sort of regulations.  Many factors such as structure, establishment, cases heard, and the jurisdiction involved with existing of both courts. The term federalism describes how governmental authority and powers are distributed between the state government and federal government systems. However, the constitution decisively provides the assured powers to the federal administration.  For example, copyright is exclusively managed by federal law constitution rights not chosen to federal government comes under separate state governments. This instance is showing each state accountable for creating personal laws therefore, those laws are crucial for that picky state. Certainly, federalism ensures that the U.S constitution should not be disobeyed or violated by any State law.  To support this statement, state laws should not rule or overshadow federal laws. United States constitution issues laws and regulations for the federal system of government in which influence and authority shared between the state government and federal governments. As we stated earlier, federalism provides systems according to respective courts (O’Connor,1980).

Appointing process of judges

Federal judges are appointed according to Article 3 of our constitution. When hiring judges, the federal court system that judges are to be selected by the U.S president and declared by the council of law. They will be continued by good and appropriate behavior otherwise judges may be dismissed from the position. While state court judges have been chosen by many approaches including hired for a decided number of years, general election, and appointment for life, combination of both methods.

Establishment of courts

The U.S holds the authority to declare the final arbiter of federal constitutional subjects when a party asked the U.S Supreme Court to re-evaluate a conclusion of the court petition however the Supreme Court is under no commitment to give a final verdict. In the case of the state court system, the laws of every state create the state court. A supreme court is basically the highest court in the state that will handle cases from below courts can be a district court of state trial court for the verdict by the supremacy of state supreme court.  States also have an authority that deals with precise legal issues include, including will and estate, family court, juvenile court, etc,. On the other hand, some certain cases are appropriate for review by the U.S Supreme court(Koh,1998).

Sort of hearing cases

The federal court system cases that hold with the law constitutionality. Those Cases involved representatives and civic ministers, admiralty law, bankruptcy, habeas quantity issues. Some of the federal courts hearing cases are bankruptcy, maritime law case, patent, violations.  In the instance of the state court system, criminal cases, contract cases, tort cases, family issues, personal injuries. State courts are the final negotiators of state laws and constitutions. Their explanation of U.S federal law can be pleaded to the U.S Supreme Court. The Supreme Court can decide to hear or not to hear similar cases. Some of such cases family law cases, contract disagreement,  personal injury, criminal cases, traffic violations (Koh,1998).

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Discussion 2: (Rakshith)

The Federal government has the power to regulate trade between the states. Another important power that the Federal government has is the power to declare war. The State governments have powers too. The state has their own laws and their own police. States generally run their own schools. Now some powers are shared between the two. Both the Federal and the State government have the power to tax. And because of Federalism there are both Federal and State Legal systems in the United States (Stephen, 2019).

How is the State and the Federal Legal systems similar:

Although they are both two different Legal/Judicial system, they have a number of courts of the Original Jurisdiction where in the cases are filed and tried originally. Both the Courts jurisdiction can be based on geographical and subject matter. In order to hear the appeals from the trial courts both the State and the Federal legal systems has a b number of intermediate appellate courts. Both the court system has a Supreme court where in the appeals from the appellate courts are heard (Bowman, 2017).

Now let us have a look how the State and the Federal Legal system differ from each other.

1. What they deal in

Federal courts deal with the disputes about laws that apply to the United States such as cases that deal with the constitution and the Federal Law or Dispute between the States. The federal court also hears the case if it is a legal dispute between citizens of different states, and if the case is about a copyright, patent or maritime law case. Federal courts does hear the Criminal cases if the matter is listed in the US code of conduct (Bowman, 2017).

State courts Deals with the disputes about the state laws such as cases that deal with the State law, family cases (divorce, custody) and Criminal cases (Bowman, 2017).

2. Structure

Federal court starts with US District court > US courts of Appeals > Supreme Courts.

State courts system starts with Circuit court > Court of Appeals > Highest court (Bowman, 2017).

3. Selection of the Judges

In case of the Federal legal system Judges are appointed and typically hold office for life but can be removed or impeached for misbehavior (Bowman, 2017).

In case of the State government Judges are usually elected and appointed for a number of years and in some cases Judges do hold the position for life (Bowman, 2017).

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