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Double Take: Understanding the Dual Court System
Have you ever been confused by the seemingly endless maze of courts and legal processes? You're not alone. The United States boasts a unique legal landscape, characterized by a complex dual court system – a feature often misunderstood even by seasoned legal professionals. This in-depth guide will unravel the intricacies of the "double take dual court system," explaining its structure, jurisdiction, and the critical differences between federal and state courts. We’ll explore how cases navigate this system, highlight key distinctions, and shed light on the potential for overlap and conflict. Prepare for a clear and comprehensive understanding of this crucial aspect of the American legal framework.
H2: The Two Pillars: Federal and State Courts
The American judicial system operates on a two-tiered structure: the federal court system and the state court systems. Think of it as two separate, but interconnected, legal universes.
H3: Federal Courts: Jurisdiction and Scope
Federal courts handle cases involving federal laws, treaties, and the U.S. Constitution. Their jurisdiction extends to disputes between states, cases involving the federal government, and matters related to specific federal statutes, such as bankruptcy or copyright infringement. The Supreme Court sits at the apex of the federal system, with circuit courts of appeals and district courts below it. Federal judges are appointed for life by the President and confirmed by the Senate.
H3: State Courts: A Diverse Landscape
Each state maintains its own independent court system, handling matters governed by state laws. These courts address a wide range of issues, from traffic violations and family disputes to serious felonies and complex civil litigation. State court structures vary, but generally include trial courts, appellate courts, and a state supreme court. State judges are typically elected or appointed through different processes depending on the state.
H2: Concurrent Jurisdiction: Where the Lines Blur
The complexity of the dual court system arises partly from instances of concurrent jurisdiction. This occurs when both federal and state courts have the authority to hear a particular case. For example, a car accident case might involve a state law claim for negligence, but if it involves a violation of federal safety standards, a federal court could also have jurisdiction. The plaintiff (the person bringing the lawsuit) usually has the choice of which court to file in. This choice can be influenced by various factors, including perceived fairness, the expertise of the judges, and the potential for a more favorable outcome.
H2: Navigating the System: Choosing the Right Court
Determining the appropriate court for a specific case can be challenging, often requiring careful consideration of the legal issues involved and the applicable laws. Attorneys specializing in federal or state law will advise clients on the most advantageous forum based on the specifics of their situation. The choice of court can have significant repercussions, influencing everything from the applicable rules of evidence and procedure to the potential remedies available.
H2: Potential for Conflict and Cooperation
While largely independent, the federal and state court systems are not entirely isolated. The Supremacy Clause of the U.S. Constitution establishes federal law as the supreme law of the land. This means that if a state law conflicts with a federal law, the federal law prevails. However, the two systems often cooperate, particularly when federal law requires state courts to implement or enforce federal decisions. This intricate interplay necessitates a sophisticated understanding of both systems and their interrelationships.
H2: Understanding the "Double Take" Effect
The term "double take" refers to the often-surprising realization that a single legal issue might be approached and resolved differently in federal and state courts. This can lead to variations in outcomes, especially in cases with concurrent jurisdiction. The differences in procedure, interpretation of laws, and even judicial philosophies can result in significantly different judgments for seemingly similar cases.
Conclusion:
The American dual court system, though complex, is a fundamental aspect of the nation’s legal fabric. Understanding its intricacies is crucial for anyone seeking to navigate the legal landscape, whether as a litigant, a legal professional, or simply an informed citizen. While the system presents potential for complexities and even conflicting outcomes, it reflects the balance of power between federal and state authority, a hallmark of the American system of governance. By understanding the distinct roles and jurisdictions of federal and state courts, we can better appreciate the nuances of American law and its application.
FAQs:
1. Can I appeal a state court decision to a federal court? Generally, no. Appeals typically proceed within the same court system (state to state appellate courts, federal to federal appellate courts). However, there are limited exceptions, such as if a federal constitutional right was violated.
2. What happens if a federal and state law conflict? Federal law preempts (takes precedence over) conflicting state law, as per the Supremacy Clause of the U.S. Constitution.
3. How do I determine which court has jurisdiction over my case? Consulting with an attorney is crucial. They will analyze the facts and legal issues to advise you on the appropriate court.
4. Are all federal judges appointed for life? Yes, all Article III federal judges (those in the constitutional courts) are appointed for life. However, judges in some specialized federal courts serve limited terms.
5. What are some examples of cases that only federal courts can hear? Cases involving ambassadors, maritime law, and disputes between states are examples of cases exclusively within the jurisdiction of federal courts.
double take dual court system: American Government 3e Glen Krutz, Sylvie Waskiewicz, 2023-05-12 Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement. |
double take dual court system: The Judicial Branch Kermit L. Hall, Kevin T. McGuire, 2005-10-27 In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy. |
double take dual court system: United States Attorneys' Manual United States. Department of Justice, 1985 |
double take dual court system: Ending Discrimination Against People with Mental and Substance Use Disorders National Academies of Sciences, Engineering, and Medicine, Division of Behavioral and Social Sciences and Education, Board on Behavioral, Cognitive, and Sensory Sciences, Committee on the Science of Changing Behavioral Health Social Norms, 2016-09-03 Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States. |
double take dual court system: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
double take dual court system: Guide to Foreign and International Legal Citations , 2006 Formerly known as the International Citation Manual--p. xv. |
double take dual court system: A Place Apart Martin L. Friedland, Canadian Judicial Council, 1995 How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more. |
double take dual court system: Criminal Justice Philip P. Purpura, 1996 Criminal Justice: An Introduction is a complete introductory text for the most basic and widely-studied course in this subject area. Each chapter begins with behavioral objectives and a list of key terms. A variety of strategies are designed into the text to hold the attention of reader: key terms in bold lettering, side margin notes (containing interesting facts and challenging questions), boxed justice events and international perspectives, and over 80 photographs, tables and figures. Each chapter ends with applications that enable the student to apply the material to real life situations. This text competes with larger books by offering a complete but succinct and less expensive introduction to criminal justice, which will be more manageable for community colleges and colleges with shorter terms. The instructor's manual will assist educators with special projects and test questions and answers. The accompanying disk challenges students with interactive exercises. An excellent entry-level textbook for undergraduate criminal justice students. Written by an instructor of criminal justice and security for over 20 years. Includes an instructor's manual and a disk with interactive exercises for students. |
double take dual court system: Report on Spoliation of Evidence British Columbia Law Institute, 2004 |
double take dual court system: The Case for an International Court of Civil Justice Maya Steinitz, 2019 An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative. |
double take dual court system: Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary Truth and Reconciliation Commission of Canada, 2015-07-22 This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians. |
double take dual court system: Pain Management and the Opioid Epidemic National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Health Sciences Policy, Committee on Pain Management and Regulatory Strategies to Address Prescription Opioid Abuse, 2017-09-28 Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring. |
double take dual court system: The Oxford Handbook of Criminal Process Darryl K. Brown, Jenia Iontcheva Turner, Bettina Weisser, 2019-02-22 The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal. |
double take dual court system: Divergent Paths Richard A. Posner, 2016-01-04 Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it. |
double take dual court system: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
double take dual court system: Introduction to Criminal Justice Kenneth J. Peak, Pamela M. Everett, 2015-12-08 Introduction to Criminal Justice: Practice and Process, Second Edition uses a proven problem-based learning approach to enhance the critical thinking and analytic skills of students. Best-selling authors Kenneth J. Peak and Pamela M. Everett explain the importance of criminal justice and show students how key trends, emerging issues, historical background, and practical lessons apply to their future careers. Students learn core topics—policing, corrections, criminal behavior, criminal law, and courts—as well as special topics such as ethics, juvenile justice, terrorism, and the changing war on drugs, while learning how to solve problems they are likely to face as criminal justice practitioners. Packed with new examples and drawing on the authors’ years of experience in the field, this student-friendly book offers a palpable, real-world flavor typically missing in other texts for the course. |
double take dual court system: Constitutional Law and Criminal Justice Cliff Roberson, 2021-12-27 Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court. Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students’ understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs. Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges. |
double take dual court system: In Pursuit of Justice Richard B. Zabel, James J. Benjamin, Human Rights First (Organization), 2008 In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new national security court. However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes. |
double take dual court system: Criminal Courts Craig Hemmens, David C. Brody, Cassia Spohn, 2021-01-21 Comprehensive and engaging, Criminal Courts: A Contemporary Perspective explores all aspects of courts and related areas which are crucial to the criminal justice system. Written by three nationally recognized experts in the field, this text examines court structure, courtroom actors, trial and appeal process, and in addition, judicial decision making, specialized courts, and comparative court systems. By presenting up-to-date key cases, data, and current controversial discussions such as the death penalty or legalization of cannabis, this fifth edition provides students with opportunities to view topics from the perspectives of the participants involved in the process and take a position on the issue that is raised. |
double take dual court system: State and Local Government and Politics Christopher A. Simon, Brent S. Steel, Nicholas P. Lovrich, 2018 |
double take dual court system: How Tobacco Smoke Causes Disease United States. Public Health Service. Office of the Surgeon General, 2010 This report considers the biological and behavioral mechanisms that may underlie the pathogenicity of tobacco smoke. Many Surgeon General's reports have considered research findings on mechanisms in assessing the biological plausibility of associations observed in epidemiologic studies. Mechanisms of disease are important because they may provide plausibility, which is one of the guideline criteria for assessing evidence on causation. This report specifically reviews the evidence on the potential mechanisms by which smoking causes diseases and considers whether a mechanism is likely to be operative in the production of human disease by tobacco smoke. This evidence is relevant to understanding how smoking causes disease, to identifying those who may be particularly susceptible, and to assessing the potential risks of tobacco products. |
double take dual court system: Global Trends 2040 National Intelligence Council, 2021-03 The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come. -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading. |
double take dual court system: The Federal Courts , 1949 |
double take dual court system: Wicked Saints Emily A. Duncan, 2019-04-02 An instant New York Times bestseller! A girl who can speak to gods must save her people without destroying herself. A prince in danger must decide who to trust. A boy with a monstrous secret waits in the wings. Together, they must assassinate the king and stop the war. In a centuries-long war where beauty and brutality meet, their three paths entwine in a shadowy world of spilled blood and mysterious saints, where a forbidden romance threatens to tip the scales between dark and light. Wicked Saints is the thrilling start to Emily A. Duncan’s devastatingly Gothic Something Dark and Holy trilogy. This edition uses deckle edges; the uneven paper edge is intentional. |
double take dual court system: Juvenile Crime, Juvenile Justice Institute of Medicine, National Research Council, Commission on Behavioral and Social Sciences and Education, Board on Children, Youth, and Families, Committee on Law and Justice, Panel on Juvenile Crime: Prevention, Treatment, and Control, 2001-06-05 Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and get tough pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€the probability that delinquency or criminal activities decrease with ageâ€and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem. |
double take dual court system: Civil RICO, 18 U.S.C., 1961-1968 Frank M. Marine, Frank J. Marine, 2007 |
double take dual court system: The Practice and Procedure of the Inter-American Court of Human Rights Jo M. Pasqualucci, 2013 A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law. |
double take dual court system: America's Courts and the Criminal Justice System David W. Neubauer, 1999 By far the best-selling text in this market, AMERICA'S COURTS focuses on the dynamics of the court by introducing the concept of the courtroom work group and the relationship between the three main-actors judge, prosecutor, and defense attorney-thus illustrating the law in action, not just dry theory and facts. |
double take dual court system: The London Diplomatic List Great Britain. Foreign and Commonwealth Office, 1970 |
double take dual court system: Guide to the U.S. Supreme Court David G. Savage, 2004 Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court -- |
double take dual court system: A Guidebook for Electronic Court Filing James E. McMillan, 1998 |
double take dual court system: A Brief Introduction to Criminal Justice Kenneth J. Peak, Tamara D. Madensen-Herold, 2019-11-05 A Brief Introduction to Criminal Justice: Practice and Process is a condensed version of the best-selling Introduction to Criminal Justice: Practice and Process by Kenneth J. Peak and Tamara D. Madensen-Herold. This new text uses a practical, applied approach to teach students the fundamentals of the U.S. criminal justice system in a concise and accessible format. The authors draw on their many years of combined practitioner and academic experience to explain the importance of criminal justice and show how key trends, emerging issues, and practical lessons can be applied in the field. This title is accompanied by a complete teaching and learning package. |
double take dual court system: Law and Politics of Constitutional Courts Stefanus Hendrianto, 2018-04-17 This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics. |
double take dual court system: From #BlackLivesMatter to Black Liberation Keeanga-Yamahtta Taylor, 2016-02-01 The author of Race for Profit carries out “[a] searching examination of the social, political and economic dimensions of the prevailing racial order” (Michelle Alexander, author of The New Jim Crow). In this winner of the Lannan Cultural Freedom Prize for an Especially Notable Book, Keeanga-Yamahtta Taylor “not only exposes the canard of color-blindness but reveals how structural racism and class oppression are joined at the hip” (Robin D. G. Kelley, author of Freedom Dreams). The eruption of mass protests in the wake of the police murders of Michael Brown in Ferguson, Missouri, and Eric Garner in New York City have challenged the impunity with which officers of the law carry out violence against black people and punctured the illusion of a post-racial America. The Black Lives Matter movement has awakened a new generation of activists. In this stirring and insightful analysis, activist and scholar Keeanga-Yamahtta Taylor surveys the historical and contemporary ravages of racism and the persistence of structural inequality, such as mass incarceration and black unemployment. In this context, she argues that this new struggle against police violence holds the potential to reignite a broader push for black liberation. “This brilliant book is the best analysis we have of the #BlackLivesMatter moment of the long struggle for freedom in America. Keeanga-Yamahtta Taylor has emerged as the most sophisticated and courageous radical intellectual of her generation.” —Dr. Cornel West, author of Race Matters “A must read for everyone who is serious about the ongoing praxis of freedom.” —Barbara Ransby, author of Ella Baker and the Black Freedom Movement “[A] penetrating, vital analysis of race and class at this critical moment in America’s racial history.” —Gary Younge, author of The Speech: The Story Behind Dr. Martin Luther King Jr.'s Dream |
double take dual court system: Judicial Politics: Readings from Judicature Elliot E. Slotnick, 1999 This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers. |
double take dual court system: Law and Contemporary Problems , 1948 |
double take dual court system: Encyclopedia of Capital Punishment in the United States, 2d ed. Louis J. Palmer, Jr., 2008-07-23 This updated encyclopedia provides ready information on all aspects of capital punishment in America. It details virtually every capital punishment decision rendered by the United States Supreme Court through 2006, including more than 40 cases decided since publication of the first edition. Entries are also provided for each Supreme Court Justice who has ever rendered a capital punishment opinion. Entries on jurisdictions cite present-day death penalty laws and judicial structure state by state, with synopses of common and unique features. Also included are entries on significant U.S. capital prosecutions; legal principles and procedures in capital cases; organizations that support and oppose capital punishment; capital punishment's impact on persons of African, Asian, Hispanic, and Native American descent, on women, and on foreign nationals; and the methods of execution. Essential facts are also provided on capital punishment in more than 200 other nations. A wealth of statistical data is found throughout. |
double take dual court system: Introduction to Forensic Psychology Curt R. Bartol, Anne M. Bartol, 2014-10-14 Filled with real–life examples, practical applications, and case law discussions, Forensic Psychology: Research and Application, Fourth Edition covers new and emerging fields of study, the many areas where psychology plays a significant role in the civil and criminal justice systems, and the wide range of issues that are an integral part of the forensic psychologist’s day-to-day work. This unique, career-oriented textbook emphasizes a multicultural perspective that focuses on the application of psychological knowledge and research. Authors Curt and Anne Bartol expose readers to emerging specializations within forensic psychology, including investigative psychology, family forensic psychology, and police and public safety psychology. The authors also provide extensive, up-to-date references for students to find more material on the subject areas covered. |
double take dual court system: Sisters in Law Linda Hirshman, 2015-09-01 The New York Times–bestselling “gossipy, funny, sometimes infuriating, and moving tale of two women so similar and yet so different” (NPR). The relationship between Sandra Day O’Connor and Ruth Bader Ginsburg—Republican and Democrat, Christian and Jew, western rancher’s daughter and Brooklyn girl—transcends party, religion, region, and culture. Strengthened by each other’s presence, these groundbreaking judges, the first and second to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for their own recognition in a male-dominated profession. She also makes clear how these two Supreme Court justices have shaped the legal framework of modern feminism, including employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives. Sisters in Law combines legal detail with warm personal anecdotes that bring these women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship. “A thorough, accurate, and most readable account of the careers of the two first women to serve as Justices of the Supreme Court.” —Former Supreme Court Justice John Paul Stevens “Smart, startling, and profoundly moving.” —Stacy Schiff, Pulitzer Prize-winning author of Cleopatra “Superb.” —Library Journal, starred review “Irresistible.” —New York Times Book Review “Vital...Part of what makes Hirshman such a likable writer—in addition to her wit and ability to explain the law succinctly without dumbing it down—is her optimism.” —Washington Post |
double take dual court system: Importing Into the United States U. S. Customs and Border Protection, 2015-10-12 Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc. |
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