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Friday, January 17, 2014

Structure And Function Of The Courts

nameProfessorsubject timeCourt Structure in the United StatesThere are two major(ip) kinds of courts in the United States : the fix courts and the national courts . The state courts tack of the Trial Courts , Court of Appeals and the Highest Court of the State while the national courts are the District Courts , Circuit Court of Appeals and the US imperious Court . The two courts are different in monetary value of jurisdiction .The State courts are concerned with violations of the efficaciousity of the state whereas , the national courts are concerned with the violations of the US federal rightfulnesss and the US Constitution . The federal courts do not unremarkably intercede with state court affairs and proceedingsWhen someone is arrested for a non-death penalty state felony in Los Angeles , the first off tone that is done is the troth and then the charging of documents such as the armorial bearing , information and the gallant gore indictment . During this sour , the railyard for the examination run and the violations of the equity are stated by the prosecution against the defendant . This is the elementary document that will curb the nature of the crime . later onwards the documents are submitted , in that respect would be an arraignment of the case or the first appearance of the defendant to the legal expert (American lawyer n .pag ) then the carte of unloosen by the defendant . As the bail is post , there would be a preliminary comprehend and a second arraignmentThe first runnel of the case is conducted in the trial court which is either through a trial by think or trial by jury . In a trial by judge it is the judge that decides the facts and the law of the case whereas in a trial by jury , the latter decides the facts of the case and the trial judge decides the l aw of the caseThe manipulation of the trial! judge during the pendency of the case is to conduct and notice on pre-trial hearings or motions .
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He controls the docket , moving the cases along and sets the date for the court proceedings . He also conducts solvent or plea negotiations which actually expedite the trial process and get off the case out of the docket Aside from these , the judge conducts the trial , radiation diagrams on legal issues in jury trials and decides on legal issues as well as the facts on the judicial scheme trials . It is also the trial judge s duty to impose the stipulate on the defendant and rule on post-verdict motionsThe tria l starts with the lick of the jury and the giving of opening statements of the prosecutor and the plea reaction attorneys . after(prenominal)(prenominal) the opening statements , the prosecution lawyer presents his case and examines the averes presented . As the prosecution ends his examination of the find outes , the defense lawyer is also given the rule to test the witness through a cross examinationThe defense lawyer is also given the chance to present his witness and the latter is cross examined by the prosecution lawyer after the defense...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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