The United States Court System

The United States Court System

Dual Court System

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).

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 are related to the state. Federal courts do not take any decisions related to the matters of state laws (Anonymous, 2009). Both lines of courts do not intervene in each other's decisions unless and until there appears some sort of disagreement or argument between the federal constitution and the state laws. This dual court of system is effective in United States of America to ensure a fair trial and due process. The dual line of courts facilitates a fair trial because of the reason that the pertinent courts are in the best position to comprehend the situation in an appropriate manner and reach a fair and right decision (Clack, 2004).

If it is considered that United States of America should drive towards a court system that is unified and does not entail two lines of courts, this will need to consider different associated aspects. A drive towards a unified court system devoid of two lines of courts will lead to a formation of a huge monolithic court system in United States of America. However, when this is examined in terms of effectiveness, the unified court system will not be effective in the United States of America.

A unified court system will result in granting excessive authority and power to the federal courts. All the significant control will be in the hands of federal courts in that case. The state courts will entail only a minimum of power and control (Anonymous, 2009). All the jurisdictional power will rest ...