The Congress

The Congress

Introduction

The role of the judiciary is very important. It is an important organ of our country. Courts play an important role in our society; they are the upholders of the justice. People go in the courts to get their disputes resolved. Similarly, people trust the courts and its fair trials. I will share my experience about the court proceedings in this essay. I observed the proceedings of the civil case in a court where I observed an interesting case and listened to the arguments of both the parties and final judgment of the Judge as well.

United States of America operates in a dual court system. The dual court system as the name implies refers to the duality of the courts in the state. In a dual court system there exist two courts' lines (Anonymous, 2009). There is a separate federal court and there is a separate state court in the state. The federal court system in the state is responsible for hearing the civil and criminal cases which are pertinent to the federal constitution. This includes the cases which entails federal policies, legislations or specific matters for instance federal tax. The state court system on the other hand is responsible for hearing the criminal and civil cases which are pertinent to the specific state. This includes those cases which entail state policies, laws and issues related to state constitution (Clack, 2004).

The reason for having a dual court system in United States of America can be comprehended that the states newly joining the union were provided an assurance of some degree of federal interference in the affairs which were localized. States were liberal to formulate legislations and laws and the courts of the state used to hear the cases which entailed violations of those legislations formed by state legislatures (Clack, 2004).

Discussion

Federal Courts

The Judge in federal courts of US sits in the centre and listens to both of the parties involved in the dispute. Usually the two parties in any case are the Plaintiff and the defendant. Civil case usually starts when one of the parties to the case, plaintiff files the complaint in the court against the defendant, who has done any wrong to him. Both the partiers are represented by their respective lawyers. The judge first listens to the arguments of the plaintiff. The plaintiff presented his position that the defendant has done certain harm to him. The judge than asks the defendant to present his position. After listening to the arguments of both of the parties, the judge gives his decision. Moreover, the role of the evidence is also very important in the case. If any of the party to the case failed to provide proper evidence then the case will not be decided in his favor.

At present, state courts do not have the right to hear those cases in which there is an assumed violation of the laws or policies pertinent to the federal system. Similarly the federal courts do not hear those cases which ...