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Structure of the Federal Courts The f

The federal court system represents a separate judicial system within the United States. In one sense, the state courts can be considered the courts which carry out the traditional functions of courts in society. They are the courts of original jurisdiction, since they have jurisdiction over all traditional criminal matters and civil disputes. State courts hear cases involving violent crimes and crimes of property; they also hear breach of contract disputes, tort actions, and disputes over property.

Federal courts, on the other hand, exercise limited jurisdiction. They can only hear controversies which are enumerated in Article III of the Constitution. Article III describes the powers of the three branches of the federal government. Those branches cannot exercise a power if it is not granted by Article III. Article III states that the Supreme Court and inferior federal courts established by Congress can only hear cases arising under the Constitution or federal statutes; cases affecting public ministers, ambassadors, and consuls; admiralty and maritime cases; controversies between two or more states; controversies involving the United States as a party; controversies between a state and the citizens of another state; controversies between the citizens of different states; controversies between citizens of the same state claiming lands under grants from different states; and controversies involving a foreign state or its citizens and a U.S. citizen. It should be noted that federal courts can only exercise jurisdiction in the above cases if Congress confers this power on the courts through grants of jurisdiction. This means that a federal case must come within the judicial powers of the courts as defined by Article III and be covered by a statutory grant of power by Congress to the courts.

Because of this structure, most cases in the United States are heard in state courts. In 1981, for instance, 26 million civil and c...

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Structure of the Federal Courts The f. (1969, December 31). In LotsofEssays.com. Retrieved 17:39, April 19, 2024, from https://www.lotsofessays.com/viewpaper/1682296.html