Dual Court System Essay

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Pages: 5

Q1. What is the dual-court system? Why do we have a dual court system?

A. The dual-court system is the result of a general a agreement among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in
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Their testimony at trial provides an effective way of introducing scientific evidence in such areas as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines. Lay witness testimony are going to be about what they saw like who committed the crime or who crime on the crime scene shortly after the crime occurred or it will provide information about the personality, family life, business acumen and so on of the defendant in an effort to show that this not the kind of person who not commit the crime he or she is charged with. The challenges of an expert testimony are jurors trying to understand the subject matter that experts used and Court with attempt to apple criteria like M'Naghten rule with testimony of psychiatric experts who refuse even to recognize the word because of uncertainties they created, legal requirements may put experts against one another and may confuse the jury.

B. What is a dying declaration? Under what circumstances might it be a valid exception to hearsay rule? Why do most courts seem to believe that a person who is about to die likely to tell the truth?

Dying declaration is a statement made by a person who is about to die. When heard by a second party, it may usually be repeated in court, provided that certain conditions have been met. A dying declaration is generally valid exception to the hearsay rule when it is made by someone who know that he or she is about to die and when the