Judicial Process in America: Federal and State Courts

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Table of Contents

Introduction
Federal and state courts
Political influence
Appointment of judges
Qualifications of Lawyers
Course of action
A factor that may influence judicial decision making
Conclusion
Works Cited

Introduction

The US is a country that has successfully adopted the concept of federalism in its management structure. This has led to the incorporation of two different court systems. These are the federal and state court systems. These two systems have to work together for them to function effectively as per the powers granted to each faction by the constitution. The goal of this essay is to analyze the relationship between the federal and state courts in relation to the political arena, in which they operate, and to evaluate, compare and contrast the parties and factors that make these two courts different.

Federal and state courts

The federal courts comprises of two court systems. Namely the Article III courts, and the courts that have been established by congress. The article III courts use the judicial power granted by the country in the court system. Congress, on the other hand, uses its power to establish several courts all with the aim of exercising the judicial rights of the citizens.

The state courts exercise the power given to them by the constitution and state laws. Several courts systems that have been established based on a hierarchy have been set up to deal with any issues pertaining to the law. The state supreme court is the highest court in this level. Depending on a particular state some have intermediate court of appeals. There are also the state trial courts, of which some are known as circuit or district courts. There are specific courts that handle particular issues such as the probate and family courts.

Political influence

Politics plays a major role when it comes to handling the affairs of the courts. This is clearly evident in the judicial selection. The president is the one responsible for nominating the candidate that he or she sees fit to fill a judicial post, but the senate must back the candidate, or simply confirm that the person is qualified to hold office. The decision is arrived at by a majority vote. At the state courts, judges at the higher courts are given a higher term in office so as to enable them to do their work well, free from any political influence.

Appointment of judges

When it comes to the federal courts, the constitution clearly states that the president is the one with the power to nominate a judge after which the senate must confirm the individual to fill the judicial opening. The term of office is supposed to be for life during good behavior. If the federal judge, however, misbehaves in office through congressional impeachment proceedings the individual may be removed from office.

State courts judges are usually put in office using several methods which depend on the level of court that one is to represent. The term duration also increases depending on the levels, and that is why the term at the county and municipal levels are lower. The term is usually four years as compared to the higher courts where the term of office is 8-12 years. Appointments can be done for a specific number of years or for life. Some judges are also given the posts after they have been appointed then after elected into office.

Qualifications of Lawyers

There are several formal requirements that a person must meet so as to be able to practice law. These include getting a 4-year college degree, attending 3 years of law school and passing a mandatory written bar examination. The requirements may vary depending on the state, for instance in some states the applicants are required to pass a written ethics exam which is taken separately. These are the common requirements per state.

The bar exam depends with the state hence an attorney is only qualified to practice law in the specific state. Lawyers are required to take the bar exam in another state if they plan to practice in it. There are some situations that do not necessarily require an attorney to take the bar exam again, such as in a situation where a lawyer has legal experience which spans a couple of years and if the person meets certain standards.

At federal courts, however, not every lawyer can present a case before the judges as they have their own qualifications. Attorneys are sworn in differently before they can become federal attorneys which in turn make them qualified to represent clients at the federal courts. The federal attorney must meet all the requirements that will make him or her eligible to become a licensed attorney such as attending law school and taking and passing the bar exam.

Course of action

The federal courts have put in place measures or a system that aims at helping parties that are not content with the decisions made by the lower courts such as the U.S district court. A party may appeal the case at the U.S court of appeals. If the same thing happens at this level the case can further be reviewed at the highest level which is the U.S Supreme court. The decision made at this point is final.

At the state courts, parties that feel that the decision made by a judge at the trial court is not satisfactory may appeal at the intermediate Court of Appeals. In case they feel that the decision made is still not favorable they may ask for a review at the highest state court. Most of the appeals that are usually forwarded at the state supreme courts come from defendants.

A factor that may influence judicial decision making

There are some things that determine where the case will be heard. This depends with the location of the violation of law, as well as the place of residence of the plaintiff and the defendant. If both parties are from the same state then the plaintiff will have to file the complaint at the state courts.

The federal courts are known to have many diversity cases because lawyers believe that plaintiffs have an advantage when they bring a case against a defendant who is a non resident at the state courts. This is why they ask for removal to neutral grounds which is the federal courts so that the case is not influenced by such factors.

Conclusion

The U.S constitution has been made with the consideration of the concept of federalism which guides the country. This makes it possible for the two courts systems that have been put in place to function effectively. Politics plays a huge role in the judicial system as far as appointing and impeaching judges is concerned, but there are measures such as long terms in office that make political influence in the system minimal as this gives judges the freedom to make lawful decisions.

Both courts have ranks which can be used to appeal cases or handle big and sensitive issues. Judges and attorneys at the federal courts have more power and their requirements for qualification are more intensive. Lastly, depending on the type of case, judicial decision making may be influenced by whether the case is being determined at the state or federal courts.

Works Cited

Carp, Robert A, and Ronald Stidham. Judicial process in America. Washington, D.C: CQ Press, 1990. Print.

Cass, Ronald A. The rule of law in America. Baltimore: Johns Hopkins University Press, 2001. Print.

Posner, Richard A. The federal courts: challenge and reform. Cambridge, Mass: Harvard University Press, 1996. Print.

Rosen, Jeffrey. The Supreme Court: the personalities and rivalries that defined America. New York: Times Books, 2007. Print.

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