Judicial Process Term Paper

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jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether these be criminal or civil. Special jurisdiction is held only over specialized cases.

The federal court system consists of a variety of different hierarchies in which different courts may function in their various ways. The Supreme Court is at the highest point of the federal judiciary. The two levels of federal courts under the Supreme Court are trial courts and appellate courts. Each court has its own jurisdiction over various cases. District courts are the trail courts of the federal system and hear the most cases, in both civil and criminal cases. Appellate courts hear appeals, while only the most specialized and difficult cases are referred to the Supreme Court.

The Supreme Court hears cases that have been unsatisfactorily decided by the appellate court.

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A filing may be done in order to convince the Supreme Court to hear the case once again. Other cases are those that require highly specialized services, such as death penalty cases.

Where parties are from different states, State policy is almost invariably followed. Justice and fairness are cited as the rationale for this move. The different State laws are then used to apply to the relevant parties in the case.

The state court system in the United States usually consists of a variety of trial courts, each with its own jurisdiction, that might overlap the jurisdiction of the other trial courts. Cases that cannot be handled by these trial courts are then referred to the appellate court and finally to the Supreme Court.

The civil litigation process begins with a complaint that is filed. The defense then responds to this complaint, either by filing an answer or by filing a motion to dismiss. Thirdly, issues are defined and narrowed according to legally….....

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