Legal System in the United States Is Essay

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legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a few isolated situations, the Wisconsin state courts and federal courts may possess concurrent jurisdiction. Under these circumstances, the parties have the option of deciding in which court they choose to file their action.

Traditionally, enforcement of the criminal law has been exclusively a state concern but the involvement of the federal courts and related enforcement agencies has increased as the U.S. Congress has expanded the role of the federal government in this area (Mengler, 1995). Particularly in the area of drug enforcement, the federal and state legal systems have begun to overlap in terms of jurisdiction.

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The two systems have also begun exercise concurrent jurisdiction in the areas of discrimination. As legally recognized rights, in general, have increased the opportunity for parties to seek redress for a violation of these rights have increased as well, as a result, both the federal and state courts have afforded parties an opportunity to seek redress in either level. The applicable statutes and case law may differ substantially but, at least for citizens of the State of Wisconsin, relief is available in either the federal or state courts.

Although the Wisconsin state courts have exclusive jurisdiction over most of their laws such laws are still subject to constitutional scrutiny by the federal courts. All laws enforced through the Wisconsin legal system are still subject to review by the federal courts as to the issue of whether or not such laws are constitutional. All laws enacted by state legislatures must not violate any provision of the U.S. Constitution. The U.S. Constitution provides all citizens with fundamental rights that may not be violated and all citizens may attempt to have these rights enforced by having the constitutionality of a state statute reviewed by the federal courts (Carp, 1990).

Both the federal and Wisconsin courts are organized on three levels. The highest level in both systems is….....

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