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Judicial System Differences

Info: 1304 words (5 pages) Essay
Published: 28th Sep 2021

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Jurisdiction / Tag(s): US LawUK LawIslamic Law

In different countries there are various types of judicial systems and each one of them has their own ways of governance. For instance in United States the judicial systems is made up of two different court systems. These are the federal court system and state court systems. Each of those systems has the accountability of hearing particular types of cases. None of the systems is totally independent from the other as the systems usually interact. More so, solving the legal problems and vindicating of the legal rights are the main goals for all the court systems (Michael, 1999).

How Definitions of Criminal Responsibility Differ Among Countries

The federal court system can refer to two types of courts. The first type of court is referred to us the Article III court. These courts include: District Courts, Circuit Courts of Appeal, and Supreme Court. They also involve two other special courts like the court of claims and international courts. The later courts are unique because different from the other courts, they are courts of general jurisdiction. The court general jurisdiction can listen to almost all the cases.

There are also the second types of courts in various countries which may involve the magistrate courts, bankruptcy courts, court of military appeals , tax courts and the court of veterans’’ appeals. In U.S. there are the special article III courts which involve the court of claims and court of international trade (Upendra, 1976). Other courts formed by the congress are the magistrate judges, bankruptcy courts, the tax court, and court of veteran’s appeals (Michael, 1999).

There are no state court systems which are similar. However, there are various similarities which resemble the typical state court system. Most of the court systems are compost of two types of trial courts, trial courts of limited jurisdiction which include the family and traffic courts. There are also the courts of general jurisdiction which involve the main trial-level courts, the intermediate appellate courts and also the highest state courts. Unlike the federal judges, many of the state court judges are not permanently appointed are either appointed or elected for a certain number of years.

Trial courts of limited jurisdiction deal with certain specific types of cases. They are normally located in or near the county courthouse and often presided over by one judge. The judge sitting with no jury hears most cases of these courts. Some examples of the trial courts of limited jurisdiction involve: probate court, municipal court and family court (Michael, 1999).

Trial courts of general jurisdiction are the principle trial courts in the state’s system. They listen to cases outside jurisdiction of trial courts of limited jurisdiction. These entail both the criminal and civil cases. As in many countries, most of the states in U.S. have intermediate appellate courts in between trial courts of general jurisdiction and highest court in state. All the states however, have some kind of highest court. Others are referred to us highest court while others are called supreme courts (Upendra, 1976).

Common Tradition, Civil Tradition, Socialist Tradition, Islamic Tradition

The common tradition law is the system that prevailed in England and other countries which were colonized by England. The name is gotten from medieval theory which the law administered by king’s courts which represented the common custom of the realm opposed to custom of local jurisdiction which are applied in manorial and local courts. The common law in its initial development it was the product of three English courts that is; King’s Bench, Court of Common Pleas and Exchequer which contended victoriously upon the other courts of jurisdiction and established a distinctive body of doctrine.

The civil law is the legal system inspired through Roman law. It is the basic feature into which the laws are written into a compilation and are not determined by judges. It is conceptually the group of legal systems and ideas which originated from the code of Justinian. However, they were overlaid by Germanic, feudal, ecclesiastical and local practices likewise to doctrinal strains like the natural law, legislative positivism and codification. The principle of civil law is to offer the entire citizens with reliable and written collection of laws which pertain to them and also the judges follow. The civil law system is the oldest and most prevalent surviving legal system in globe (Michael, 1999).

Socialism tradition is the political philosophy which encompasses several theories of economic organization on the basis of direct or public worker ownership and also administration means of production and resources allocation. The socialists usually shared the view which the capitalism unjustly concentrated wealth and power amidst the small segment of society which controlled capital and derived its wealth via exploitation system. That in turn created unequal society which failed to offer equal chances to everyone in maximizing their power.

Amongst the Islamic tradition, the great deal of confusion, controversy, disunity and confusion is brought by the careless utilization of argument that such things never existed in the days of Prophet and rightly guided caliphs or which was not permitted by Islam law. When loud speakers were initially utilized in India to enlarge the sound of adhan, some of them opposed that on the basis of being untraditional. Members in Pakistan opposed the Islamic since most of its systems got established later by major shaikhs like Abdul Qadir Jilani.

The legal terms of public and private law may appear complicated to normal people and that is why there is confusion in the legal procedures. The Public law is the theory of law which controls the relationship amidst state and individual considered to be either company or citizen. The public law consists of three sub-divisions like criminal, administrative and constitutional law. The constitutional law entails various kinds of state like legislative, judiciary and executive. While the administrative law controls the international trade, taxation, manufacturing and the rest. The criminal law includes the state imposed sanctions for people or companies in order to get the social order or justice (Upendra, 1976).

The private law is referred to us the civil law and involves relationships between private relationships, individuals and amidst citizens and companies. It caters for obligations law and law of torts which are defined in two ways. Firstly, the obligation law regulates and organizes the legal relations in between people under contract. Secondly, Law of Torts remedies and addresses issues of civil wrongs which don’t rise from any contractual duty (Michael, 1999). The public law is distinguished from private as the law which involves state. Private law is the private bill which is enacted into law and targets corporations and individuals unlike the public law which has the wider scope and influence on general public.

The Differences in How Courts Are Organized

Organization of courts of Law in various countries involves the Supreme Court, District Courts of Law, the Magistrates Courts, National Labor Court and Regional Labor Courts. The Magistrate’s Courts are the primary trial courts and have jurisdiction within the criminal matters in which the accused are charged with offense (Upendra, 1976). The District Courts form the middle level courts which deal with the jurisdiction of matter not within the sole jurisdiction of other courts. While the Supreme Court has jurisdiction of hearing civil and criminal appeals from District Courts.

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The emergence of Islamic jurisprudence (fiqh) also goes back to the lifetime of Muhammad. In this view, his companions and followers took what he did and approved of as a model (sunnah) and transmitted this information to the succeeding generations in the form of hadith.

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