Essay on Courts: Jury and United States

Submitted By nocomis
Words: 3416
Pages: 14

The Judicial Process

Courts

The Judicial Process

There are many components that make up the judicial process. If someone wanted to know the key parts of the judicial process I would start by telling them the types of laws and what they mean. When it comes to laws there is common law and there is statutory laws are the types of laws that are applied here in our judicial system. The next component of our judicial process is the staffing of the courts, which can be made for the highest position by election or the appointive method where he or she is appointed by a government official.
At the forefront of the Judicial process knows the distinction between federal courts and state court, and the branches that are within both. In the state court there is the Justice of the peace, the Municipal Court, The County Court, The Intermediate Court of Appeal, and the State Supreme Court. Each of these courts plays a very integral part when it comes to the state court systems. The various branches within the federal court system are The Federal Legislative Court, the Ex-legislative special Consuitiional Court and of course the United States Supreme Court. Of all of the above mentioned components of the judicial process there is not one more important than the other, because they are all applied to different laws and statues respectively according to true merit with this type of judicial system we are always left with the question is our process fair?
I believe while our judicial system may not be always perfect it is fair to all individuals who have to come before it in any capacity; whereas in other countries like Great Brittan or Wales where there judicial hierarchy is much more complex, you might not find their systems or polices as fortunate as ours in the United States. For example, in Wales their magistrate must stay 15 miles from the courthouse and they are unpaid volunteers who may or may not have any legal background, so when it comes to getting justice or injustice for a defendant you might have the feeling how can I get justice from someone who barely knows the law and they are unpaid so how happy can they be, but they are in a position of power to pass judgment on you. It is hard to imagine, but that is how their judicial process over in Great Brittan and Wales and other countries over abroad as well.
Laws
The types of laws can be traced back hundreds of years, what started as primitive law evolved into archaic law which turned into what we know today as mature law. The origins of the earlier laws can be traced back to Oceanic tribes and African tribes. Primitive law is based on primitive custom and may lack the basic machinery and organization. It is still prevalent in Oceanic and Asiatic tribes, it has been the law of these preliterate peoples who have recognized social roles, and have discovered means of coping with social conflict. Archaic law features some official manner of courts and institutions that are basic to any legal system, and they also introduce certain codes of procedure and substance and these applications of the law came about in the early days of Rome. As for the type of laws that are used here in the United States and that is mature law and these types of laws can be traced back to Rome in the 3rd Century and England in the 12th Century. All of these laws can be considered prongs of positive law, which is derived from man the purpose of ruling man, it is a command based on the relationship between ruler and being ruled; its primary nature is that it is manmade. Common law is commonly known as English, Anglo- Saxon or Anglo American law. It is a vast complex instrument of justice. Common law is judge made bench made law rather than a fixed body of definite rules, such as the modern civil law codes. The concept of the state as the highest form of society began to be questioned by the christen church. The term Common law was used for the laws…