WEEKLY ASSIGNMENT I
EXERCISE – 1
1. What is the difference between the federal and the state court structure in the
US?
The supreme law of the land in the United States is the U.S. Constitution. It establishes a
federal system of governance in which the federal government and the state governments
share authority. Federalism allows for the existence of separate court systems for the federal
government and each state. Here are some key differences between the two:
Jurisdiction:
Federal Courts: Federal courts have limited jurisdiction and handle cases involving federal
laws, the U.S. Constitution, and disputes between parties from different states (diversity
jurisdiction). They also hear cases involving specific federal issues, such as bankruptcy,
immigration, and intellectual property.
State Courts: State courts have general jurisdiction and handle a wide range of cases,
including criminal, civil, family, probate, and contract disputes that fall under state laws.
They also handle cases involving violations of state constitutions and statutes.
Judges:
Federal Courts: Federal judges are appointed for life by the President and confirmed by the
Senate. These judges include U.S. Supreme Court justices, U.S. Circuit Court of Appeals
judges, and U.S. District Court judges.
State Courts: State court judges are usually elected by the voters in their respective states,
though the selection process can vary from state to state. Some states appoint judges rather
than elect them.
Cases:
Federal Courts: Federal courts primarily handle cases that involve federal questions or
federal laws. These cases can range from constitutional issues to federal crimes.
State Courts: State courts handle cases that pertain to state laws, regulations, and issues that
do not fall under federal jurisdiction. This includes most criminal cases, family law matters,
and contract disputes that are purely state-based.
Hierarchy:
Federal Courts: The federal court system has a hierarchical structure that includes the U.S.
Supreme Court at the top, followed by the U.S. Circuit Courts of Appeals, and then the U.S.
District Courts.
WEEKLY ASSIGNMENT I
State Courts: The structure of state courts can vary significantly from state to state, but they
generally include trial courts at the lowest level, appellate courts in the middle, and a state
supreme court at the top.
Appeals:
Federal Courts: Appeals from U.S. District Courts go to the U.S. Circuit Courts of Appeals,
and decisions from the circuit courts can be appealed to the U.S. Supreme Court.
State Courts: Appeals from lower state courts are typically heard by intermediate appellate
courts or the state's highest court (often called the State Supreme Court). The availability of
further appeals varies by state.
Case Types:
Federal Courts: Federal courts mainly deal with cases involving federal criminal law,
constitutional issues, federal regulations, and disputes between states or involving federal
agencies.
State Courts: State courts handle a wide range of cases, including criminal cases, family law
matters (such as divorces and child custody disputes), personal injury cases, and contract
disputes, among others.
It is important to note that the division of jurisdiction between federal and state courts is a
fundamental aspect of the U.S. legal system. Cases are generally filed in the appropriate court
system based on the nature of the legal issues involved and the laws applicable to those
issues.
2. Provide a brief explanation on the working of the jury system of the US courts?
Here are two types of juries serving different functions in the federal trial courts: petit juries
and grand juries.
Trail Jury
Trail juries, also known as Petit juries, decide both criminal and civil cases. In a criminal
case, a Trail jury decides whether the Government has proved beyond a reasonable doubt that
the defendant committed the crime as charged. In a civil case, a trial jury decides whether the
plaintiff establishes with evidence that is more likely than not, known in legal terms as
preponderance of the evidence, that the defendant injured the plaintiff in some way that
requires appropriate compensation. This is a much lower standard of proof than in a criminal
trial since no party’s freedom is at issue in a civil matter.
Trail juries are comprised of 6-12 people.
Trials are generally public, but jury deliberations are private.
WEEKLY ASSIGNMENT I
Trail juries render a verdict, of guilty/not guilty in a criminal case, or in favor of a
defendant or plaintiff in a civil case.
Trail jurors hear a maximum of one case and are then discharged.
Grand Jury
A grand jury focuses on preliminary criminal matters only and assesses evidence presented
by a prosecutor to determine whether there is “probable cause” to believe an individual
committed a crime and should be put on trial. If the grand jury determines there is enough
evidence, an indictment will be issued against the individual.
Consists of 16-23 grand jurors.
Proceedings are private.
Grand jurors generally serve up to 18 months, but can serve for up to 24 months, if an
extension is granted by a judge.
Grand jurors consider multiple cases over the course of their term of service.
Unlike trail juries, grand juries do not meet every day, instead meeting in any number of
calendar combinations throughout their term. For instance, a grand jury in a smaller district
may meet only one day every other week, while a grand jury in a large district with
significant criminal investigations may meet for a couple of days each week over the course
of the term.
EXERCISE – 2
1. Explain about the lawmaking process in the US. What role do the following
play in the US legal system:
The lawmaking process in the United States is a complex and multipartite system involving
multiple branches of government. It is designed to ensure a balance of power and thorough
consideration of proposed laws. Here's an overview of the key steps in the lawmaking process
and the roles of the President and the Cabinet:
1) Introduction of a Bill:
The process begins when a member of Congress (either a Senator or a
Representative) introduces a bill in either the House of Representatives or the Senate.
Bills can address a wide range of issues, from domestic policies to foreign affairs.
2) Committee Consideration:
WEEKLY ASSIGNMENT I
The bill is then referred to one or more committees in the respective chamber, where
it undergoes a detailed examination and debate. Committees may hold hearings,
gather expert testimony, and make amendments to the bill before voting on whether to
send it to the full chamber for further consideration.
3) Floor Debate and Vote:
If a committee approves the bill, it is then debated on the floor of the House or Senate.
Amendments may be proposed and debated during this stage. The bill requires a
majority vote to pass in the chamber where it was introduced (simple majority in the
House of Representatives, and a supermajority in the Senate under certain
circumstances).
4) Conference Committee (if applicable): If the House and Senate pass different versions
of the same bill, a conference committee may be appointed to reconcile the
differences between the two versions.
5) Presidential Action: Once both chambers agree on the final version of the bill, it is
sent to the President for approval. The President has three options: sign the bill into
law, veto it, or take no action. If the President signs the bill, it becomes law. If the
President vetoes it, it is sent back to Congress, where it can still become law if
Congress overrides the veto by a two-thirds majority in both chambers. If the
President takes no action, the bill becomes law after a certain period.
The roles of the President and the Cabinet in the lawmaking process:
a. President:
The President plays a crucial role in the lawmaking process as the head of the executive
branch. The President's involvement includes:
Proposing Legislation: The President can propose bills and priorities to Congress,
although most bills are introduced by members of Congress.
Signing or Vetoing Bills: As mentioned earlier, the President can sign a bill into law or
veto it. A presidential veto can be overridden by a two-thirds majority in both the
House and the Senate.
Influence and Advocacy: The President can use their position and popularity to
advocate for or against specific legislation, which can influence the decisions of
lawmakers in Congress.
Executive Orders: The President can issue executive orders to implement existing
laws or set policy directives, but these orders must be consistent with existing law.
b. Cabinet:
The Cabinet is composed of the heads of various executive departments, such as the
Secretary of State, Secretary of Defense, and Secretary of the Treasury, among others.
While the Cabinet members do not have a direct role in the legislative process, they
can play a role in advising the President on policy matters and providing expertise on
issues related to their respective departments.
Cabinet members may also testify before congressional committees and provide
information and insights that can inform the legislative process.
WEEKLY ASSIGNMENT I
In summary, the lawmaking process in the U.S. involves multiple stages, from bill
introduction to Presidential action. The President can play a significant role in shaping
legislation through proposal, signing, or vetoing bills, while the Cabinet provides expertise
and advice to the President on policy matters.
