Quiz 9: Appendix
Development of American court system: The dual-court system has come into existence as a result of cooperation. The founders in nation have stressed on the requirement for individual states to hold considerable legislative authority and legal independence separate from that of the federal control. The states were guaranteed limited federal interference into their dealings when the states joined the union. The states were given the rights to create law and create a court to maintain the law. The state courts do not interfere in the federal law cases and the federal courts decide the issues of state law only when there is a disagreement between state statues and constitutional agreements. The dual-court system in A comprises of courts on two levels, the federal and the state. The dual-court system is the result of adoption of federal system of governance by A. The federal government holds the power upon matters that have a national scope while giving up power on other issues to the states. This structure demands for existence of court systems in every jurisdiction that are authorized to rule on issues from a unique perception of that constitution in a jurisdiction.
Three types of indigent defense: The three types of indigent defense are: • Court-assigned counsel • Public defenders • Contractual agreements Attorneys who work as a public counsel would often bear numerous numbers of cases and will have only limited fund to conduct a defense. Because of this, they often concentrate on plea bargaining which serves as a tool for accelerating the cases through the system. Defendants favor private attorneys on a large scale because they trust that the level of effort they obtain from an assigned counsel is not as much compared to the effort they obtain from a paid counsel.
Model of typical state court system: A typical state court system is based on the reform or non-reform model. The reform state model has updated the judicial systems comprising trial courts of limited and general jurisdiction with appellate courts as an addition. Traditional or non-reform states carry on to make use of systems that are an assortment of multilevels and unnecessary courts with jurisdictions that are poorly defined. The differences amid state and federal courts are, • Each of these courts has different jurisdiction on various issues of law. • The number of cases processed by the two systems varies. More cases are processed through state court systems compared to the federal court system. • The types of cases processed by each court systems are different. Many misbehavior and offenses are processed in state court systems. • State court systems are much more likely to have instituted some informal type of court such as dispute resolution centers so as to handle few cases.