Essay Writing Help on Description of the Federal Court System and the State Court Systems

  1. Description of the Federal Court System and the State Court Systems

The constitution of the United States creates a federal system of government that allows for the sharing of power between the state governments and the federal government; hence both have their own court systems (Federal and Stated Courts par. 1).

The federal court system

The federal court system judicial power is provided for by article III of the United States constitution, recognizing it a Supreme Court. The article also bestows on Congress the authority to create lower federal courts. Consequently, congress has created courts of appeal, whose decisions may be asked to be questioned by the Supreme Court. The judges selected are expected to uphold proper conduct; failure to which they may their services may be terminated by congress impeachment.

The cases handled by the federal court include: constitutionality of the law, the U.S.’s laws and treaties, inter-State disputes, admiralty law, habeas corpus issues, bankruptcy, and cases involving public ministers and ambassadors.

The State Court System

      Each state has a constitution and laws which allow it to form courts for the state. Each state has its highest court, known as a supreme court, which is usually the court of last resort for the state. Some states have courts of appeal in between. There are also courts in each of the states that handle specific legal issues. Parties can choose to ask the highest court in the state to hear their case.

The various ways in which state judges are selected include: election, appointment or a combination of the two. The cases handled include: most criminal cases, probate, contract cases, family law and tort cases.

  • The grounds for:
  • Divorce and annulment

Divorce is when a court legally terminates a marriage, while an annulment is when a court rules out that a marriage never existed, legally. Annulment may result from underage marriage, influence of drugs and substance, mental incompetency, threatened or forced marriage or fraudulent statements or actions.

Divorce happens when either or both parties can prove the legal requirement to end a marriage, and will involve child custody and division of property and debt acquired in marriage. The reasons for divorce will depend on whether the parties reasons conform to the legal requirements.

  • Equitable Distribution and Community Property

There is variation in laws across from state to state as regards the distribution of marital property and assets (Community Property par.1). Most states consider marital property to be under equal ownership of both parties. Hence, upon divorce, the property is divided equally among them. On the other hand, in the case of equitable distribution, judges place focus on equity and hence account for the contributions of each party to the marriage.

  • Prenuptial Agreements

These are premarital agreement between parties that confirm or change the obligations or legal that would arise upon termination of their marriage.  The constitution of the United States enshrines the concept to of the right to contract and to have those rights enforced.

  • Forms of Business Entities

Business entities are formed under state law instead of federal law (US Business Entities par. 2). The United States recognizes two types of business entities: business corporation companies (which are limited by shares), and limited liability company. Laws and requirements for formation and running of a business vary from state to state, and hence will depend on the jurisdiction in which the business is located. Each state has its own register of names.

  • Equal Protection Law

This clause, as stated in the United States constitution, requires that each state treats every person within its jurisdiction equally, under similar conditions and circumstances, as provided for by the 14th amendment.

An amendment that violates equal protection can be declared unconstitutional by the supreme court.

Works Cited

“Community Property sand  Equitable Distribution States?” Justia n.d.

 Web. 6th April. 2015.

<https://www.justia.com/family/divorce/docs/what-are-community-property-states.html >

Debele, Gary A. and Susan, C. Rhode. Prenuptial Agreements in the United States

            <http://www.iaml.org/cms_media/files/prenuptial_agreements_in_the_us.pdf>

” Federal and State Courts ” United States Courts. n.d. Web. 6 April.

 2015.  <http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction/DifferencebetweenFederalAndStateCourts.aspx >

“Marriage Laws “n.p. n.d. Web. 6 April. 2015.

            <http://www.usmarriagelaws.com/search/united_states/annulment_laws/>

” US Business Entities” US Corporate Services Inc. n.d. Web. 6 April.

 2015.  <http://www.usa-corporate.com/setting-up-a-us-company-as-a-non-us-resident/introduction-to-types-of-us-business-entities/>