SOC205 - WEEK 2 - DISCUSSION 1

"The Jurisdiction of the Courts"

From the e-Activity, propose at least three (3) rules that you would use in order to choose the more appropriate court (state or federal) for the hearing of a particular case. Discuss the reasoning for your choice of jurisdiction of the court in each case.

As a proposal case is being submitted for perusal, consideration and review for hearing in either the state or federal court three rules should be used that would be applicable in the judgment or deciding of which court would be the primary of consideration and judgment and placement of cases. Following are three rules that I would find of upmost of importance in determining the placing and locating of a case for hearing:

1. Jurisdiction
2. Point of Action
3. Criminality Levels (excepting those that violate federal laws)

The jurisdiction of each case is easily determined if a case can only be placed in either the state or federal court. As such any debate or banter regarding the case must be summarily placed in the correct court and before the judge who has authority to place judgment.

The second is point of action which includes the clarification of the scenario included in the case to be judged.

The third includes the levels of criminality that would be reflective of whether the crimes are federal violations or state violations. As such only the levels of crimes that violate federal laws can be judged in a federal court with all others to be rendered by state court.

Provide two (2) examples of jurisdiction choice to support your rationale.

Examples

Violation of civil rights
Act of theft of goods (shoplifting, burglary)

Now, based upon the three rules a violation of civil rights would be placed before the federal court system since it acts upon the rights of the constitution to resolve, rectify and use corrective judgment to determine if indeed a violation exist and whether the guarantee will be supported and judgment rendered in favor of the plaintiff or against the plaintiff.

The act of theft of goods (shoplifting or burglary) would be held in a state court because it is a violation of state laws and does not necessarily have to be presented to federal court. All acts against states law usually are presented to state court unless there are unusual circumstances that would constitute a violation of civil rights.

Imagine that you are a judge in the U.S. Court of Appeals. Suggest three (3) specific areas of review that you would use to review an appeals case, since your court does not always hear cases in the same manner as that of the lower courts. Provide a rationale for your response.

As a judge in the U.S. Court of Appeals, three specific areas of review that I would use to review an appeals case involve the following:

1. Areas of controversial inception of civil rights
2. Conflictive and undefined jurisdiction
3. Regulatory Disorder (A writ of certiorari is sent up from a lower court to an upper level of court. Further when certification is needed to propel clarity.)

The first area of controversial inception of civil rights is reflective of a violation of principle that is conflictive with the constitutional guarantee that thrust the inceptions and statutes prior to the constitution compilation.

Secondly, undefined jurisdiction would entail the unfair and depiction of a case in a court who has no authority to act or judge a circumstance not granted by the court system.

Thirdly, a regulatory disorder reflects that the regulations have served its purpose to retain good order in the processing of judgment. Due to this reason a writ is necessary and compelled to serve as a basis for the U.S. Supreme Court to parlay and correct error of discreet.

Thank you.

Felicia