7 tarr ch 2 on the federal and state courts in the us

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7. Tarr ch. 2 on the Federal and state courts in the US: Federalism requires two parallel court systems o State and fed gov each have own set of laws, some areas are exclusively state areas, some are exclusively federal and some are areas of concurrent jurisdiction. We need courts to work in each of these areas and police the boundaries. o But fed courts sometimes apply state laws and vice versa – in Gideon, for example, state court interprets fed constitution, and fed cts often have to interpret state law. Same in the episode of Outlaw, related in class o What are the advantages and disadvantages of having two parallel systems? Diversity, variety, local control vs. practices that don’t meet national constitutional or legal standards, that detract from national level policies, that limit predictability across states. Another thing that protects Article III judges is the constitutional guarantees We want them to be protected to try and maintain impartiality. o Also to allow the justices peace of mind of making the right decision based on law and not based on fear of losing wages or their employment. o More importantly is that we need the courts to decide in manner that can be supported by precedents and not coercion. 3 rd district court / 5 th circuit court o District Court – has to hear any case that has been filed appropriately and fall in their jurisdiction. o Circuit Court - Intermediate appeals from trial courts in their respective courts of appeals districts. There are four purposes underlying Art.III’s grant of power to the federal courts. Fed courts are supposed to o vindicate the authority of the fed gov (cases arising under federal law/constitution and where the fed gov is a party) o Maintain exclusive control of fed gov over foreign relations o Umpire interstate disputes o Protect out of state litigants (disputes between citizens of different states) o Do we still need them to fulfill all these functions? What might they be better at? I don’t understand how we are supposed to know the right answer to these ? When we appeal to a consenting higher power and neutral TDR We see Shapiro’s when there’s decision made that can overturn precedent either because of new presidential appointees with new ideology influencing law making or in the example where Individual v. Individual to maintain national uniformity. By keeping independent judges independent, applying pre-existing rules, adversary proceedings and a dichotomous solution.
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Congress controls the jurisdiction of the federal courts, including, largely, that of the Supreme Court. 8. US v. Arizona 8a Primary Injunction granted and in part and Denied in part 8b Conflict between state and fed government goals in regards to immigration Federal Law intends to prevent diversity with states in regards to this issue. 8c Federal Jurisdiction 8d What the court is doing is protecting the interest of the powerful in this case the Federal Gov. one could argue that it affects the TDR is not realistic because even though Arizona has a strong interest in passing the law it defers to the interest of the more powerful party mostly.
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  • Spring '10
  • GHAZAL
  • Law, Appellate court, Trial court

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