Federal and State courts Essay
State courts in the United States have the jurisdiction to handle cases that have some connection with the state (Feinman, 2006). Cases are heard and determined by a trial courthouse normally in a county seat. If any of the litigants is not satisfied with the decisions of a lower court, the matter can always be appealed in a higher court. However, the state cannot appeal due to double jeopardy brought about by the Fifth Amendment.
An appellate court referred to as a state court of appeal reviews the decisions of the trial courts. The appeal process may move to the supreme court which is the highest appellate court in the state and these courts are only allowed to correct mistake that arise from facts on the case; this is unlike civil law courts that can correct these facts. Most non criminal cases are heard in these courts.
District trials courts are the most common of civil courts. Most cases that involve two non state entities are heard in such courts and the nature of issues they handle range from civil matter to criminal issues (Feinman, 2006). Appealing in allowed by either party, an appeal may be granted or rejected depending on decisions of appellate judges. It is only the Supreme Court that can issue laws that bind all other state courts.
International Law Courts
One of the parties that have issued a warning of suing the client is Swiss. The client is an American and therefore the case can be of an international dimension. International law courts act with the aid of federal justice systems like the police and intelligence.
The case has three dimensions an each of these should be looked at keenly to determine which of them is applicable to the case. The neighbor that is threatening to sue the client is Swiss but he operates in the US. The neighbor is a separate legal entity and the fact that he operates as a citizen in the US implies that he can sue and be sued under US civil and state laws. An international perspective to this case is highly flawed since the two entities involved are separate US legal entities.
The case brought against the client by the council is a state proceeding. The state in suing Mr. Jones will have to file the case in a state court. The nature of the case as brought by the municipality states that the client has committed fraud against the people. This gives the case a client vs. state dimension and should therefore be handled by a state court under US legislations. On the other hand, the case brought by the neighbor against the client is civil; the neighbor is not a state entity and his claim in term of loses affect only him.
He is threatening to sue Mr. Jones for trespassing and the damages to his property. These are all claims that affect an individual and have no effect on the society and therefore the matter is of civil nature and should be handled by a civil court. The nature of the events that led to a possible case against the client makes it possible for the matter to be handled by the lowest level courts in both cases. The case is centered in one state and municipality and therefore the state laws are applicable in both cases. Since the case involves a sate a civil dimension it is more likely that it will take on the state court approach.
Feinman, J.M. (2006). Law 101: Everything You Need to Know about the American Legal System
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