The American Court System

Paper Summary:

The paper presents a discussion on the dual court system in the United States. The writer explains the two systems, how they function and then argues that it would not be better to go to a single court system. The paper examines how each system is in the hierarchical form of a pyramidal structure, allowing review and, if necessary, revision by upper-level courts. The paper concludes that, while the dual courts in America do have many elements in common, they each serve a purpose and to dismantle that system would be to defy the Constitution that the nation was built on.

Outline:
Introduction
Explaining Dual Court System Functions
State Courts
Single Court System
Conclusion
References

From the Paper:

"Before one can begin to understand why a single court system would be more efficient and inexpensive than the current dual court system it is important to have an understanding of the dual court system and how it works.
The structure and foundation of the dual court system goes back to the writing of the United States constitution. The United States constitution established something called a system of federalism which meant that the federal government has limited authority over the courts in the land while the balance or bulk of that authority is was left to individual states to handle and decide."

Sample of Sources Used:

• HOW THE U.S. COURT SYSTEM FUNCTIONS By Toni M. Fine http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm
• Courts in the United States http://www.lectlaw.com/files/jud01.htm
• Respecting State Courts: The Inevitability of Judicial Federalism (Contributions in Legal Studies) by Michael E. Solimine and James L. Walker (Hardcover - Dec 30, 1999) Publisher: Greenwood Press (December 30, 1999)
• Battles on the Bench: Conflict Inside the Supreme Court by Phillip J. Cooper (Paperback - Feb 1999) Publisher: University Press of Kansas; New Ed edition (February 1999)
• The History of the Supreme Court of the United States, Vol. 8: Troubled Beginnings of the Modern State, 1888-1910 (Oliver Wendell Holmes Devise History ... of the Supreme Court of the United States) by Owen M. Fiss (Hardcover - May 15, 2006) Publisher: Cambridge University Press (May 15, 2006)

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