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How did our court system develop including the dual court system?


The American Court system is based on the English Common Law system. The basic idea is that there are two sides, the plaintiff and the defendant, who present their arguments before an impartial judge (and sometimes a jury). In a criminal case, the prosecutor acts as a plaintiff on behalf of the citizens or state.

What is a dual court system?

Figure 1. The U.S. judiciary features a dual court system comprising a federal court system and the courts in each of the fifty states. On both the federal and state sides, the U.S. Supreme Court is at the top and is the final court of appeal.

How did the American court system develop?

How Did the American Court System Develop? Judiciary Act of 1789 Established Supreme Court & More If you were to inspect the Third Article of the U.S. Constitution it would read “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Court as the Congress may from time to time ordain and establish.”

What is the US judicial system?

The US Judiciary follows a true dual court system. Both, the state and federal court systems, are divided into two to three levels - lower courts, appellate courts, and a supreme court. Article III of the US Constitution controls the involvement of the federal government in the state court systems.


Cases heard by the U.S. Supreme Court come from two primary pathways: (1) the circuit courts, or U.S. courts of appeals (after the cases have originated in the federal district courts), and (2) state supreme courts (when there is a substantive federal question in the case). In a later section of the chapter, we discuss the lower courts and the movement of cases through the dual court system to the U.S. Supreme Court. But first, to better understand how the dual court system operates, we ...




What is the American court system based on?

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