Dual Court System Free Essay Sample
In a dual court system, there is support of two simultaneous legal systems, with one at a national level and another at a more local level. This type of court system can be seen in Australia and the United States, where the two have been running for the longest time ever in the history of the world. In the countries, the local law receives support and enforcement in state court systems while the national law enforcement takes place at the national or federal court. Overlaps of breadth and range usually occurs between national and state always, something to be expected since they are both operating in the same unitary nation, but courts are expected to exist free of one another.
Both the United States and Aussie constitution came up with a federal law average applying to the entire countries. In most part, the federal legal system largely implements and upholds constitutional directives. Every government at the state level is provided with authority to come up with local laws for its inhabitants. The federal laws usually act minimally while states have the freedom to adapt the laws in the best way possible the people will be served better. This is why in such dual court systems, laws at the state level are very different from one state to the next. Federal laws apply in the same standard and universally stable among all the states across the nation.
A good reason for the dual types of court systems is to provide a sense of autonomy and freedom to state governments whilst at the same time making sure there are checks and balances on the local judiciary. Australian and United States are fairly huge countries and delegating judicial and administrative tasks is clearly efficient and shows diverse peoples have different needs. An oversight federal or national legal system makes sure a state does not legislate beyond the standards expected.
The dual court system levels do their business almost in the same fashion. The first disputes are deliberated in trial basis at lower courts, known as county or district courts. After exhausting appeals in a trial level court, the case can be filed in appellate review level courts, with justices or judges panels hearing the cases. If there is discontent in an appellate court ruling, an appeal can only move to the nation’s highest court.
While in America they are termed as Supreme Courts, they are High Courts in Australia. Every state in the land has a high or supreme court with the federal or national system having only a single supreme or high court. The highest court in the land can decide not to deliberate on every case brought or appealed before it, with only very few selected for hearing every year.
The dual court system brings federal and state arms together at High or Supreme Court. Both the high and supreme courts have the mandate to listen to cases appealed from high or Supreme Court in the state level or from the federal appeals court. This means that if a case has reached its end in the state law process, the decision can find its way to be deliberated for the very last time at the High or Supreme Court, once.
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