1 3-2 Final Project Milestone One: Draft of Judicial Systems Monique Fletcher Global Campus, Southern New Hampshire University JUS- 261: Judicial Administration Instructor: Scott Garland, M.A. September 25, 2022
2 Judicial System The courts within the United States of America were created to both interpret and apply the law when companies, parties, and sections of government have disagreements. In all states, there are both state and federal courts, over which 95% are overseen by state courts (American Bar Association, 2019). Although most cases are overseen by state courts, there is a hierarchy within the Unites States judicial system. The hierarchy of the United States of America is as follows: The federal court system of the United States was established based upon Article III, of the United States Constitution with the United States Supreme Court and gives Congress the authority to create lower federal courts such as circuit courts and district courts. Within the federal court system, there are three types oof federal courts: 94 District Courts (trial courts) who are responsible for hearing federal cases that include witness testimony and grand juries. There are 13 Courts of Appeals whose responsibility is to determine if the laws were properly applied in the district court (NAACP, 2021). The United States Supreme Court (the final court of review) is the highest court within the federal court system and hears cases that have already been heard by both the federal appeals courts and state Supreme Courts. Also, this court is not required to hear every case that it is asked to review (NAACP, 2021). State courts are the backbone of the United States judicial system. Most cases are heard in state courts based upon the violations of state and local laws, both civil and criminal. While some states have courts of limited jurisdiction, like Small Claims courts, there is at least one general jurisdiction trial court, which is the county court. These courts may have separate departments such as: probate or family division, as well as juvenile courts. State courts can also hear cases that violate federal laws or the United States Constitution (Knipprath, 2022).
3 The primary differences between the federal and state levels of judicial systems are that state courts are established by an individual states government, and the federal courts are established under the United States Constitution to decide disputes that are related to the violation of the United States Constitution and laws that have been passed by Congress. The differences between both federal and state courts are determined by jurisdiction, which refers to the types of cases a court has the authority to hear. State courts have broad jurisdiction that usually include: robberies, traffic violations, broken contracts, and family disputes. The only cases that state courts are not allowed to hear are lawsuits that are filed against the United States, as well as those involving specific federal laws such as: criminal, bankruptcy, copyright, and patent infringement. The jurisdiction of federal courts is limited to the types of cases that are