Question for Matt B, Xavier D, and Kaycee D. Explain why state courts are inevitably part of all our lives and why they are more important than federal courts to most of us?
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Blog that supports USC Aiken APLS494I South Carolina Politics class taught in Summer Session I, 2007
3 comments:
State Courts are apart of all our lives because they deal with the citizens of the state and the minor problems that they are having in society. The state courts tend to stay invisible unless you are accused of breaking the law or are apart of a civil suit. Traffic violations, divorce cases, and child custody cases are all apart of these state courts. There are municipal & magistrate courts and minor civil cases that pertain to the state courts. In our lives we will encounter at least one of these three. Municipal and magistrate courts are associated with different thing from traffic violations (the biggest one we will be associated with) to leases for our apartments and homes. I work for an apartment complex and one piece of paperwork we are required by the state to make our residents sign is from the magistrate’s court explaining to the resident that if they do not pay their rent we have the right to file for eviction. I have seen how important it is for the magistrate’s court to distribute this to us so that when we do have to file for evictions and take a resident to court we have this paper that they signed to back us up and we are able to file the eviction. Minor civil cases are just like its title minor things that are against the law but not big enough to be taken to federal courts. Examples of this would be underage kids receiving tickets for “minor in possession”, failure to obey noise ordnances, and animal control issues within a certain city (depending on their leash laws).
-Kaycee Doying
I feel that state courts are more a part of our lives than federal courts because the majority of people will never be involved in a federal court trial. On the other hand, almost everyone will be involved in state and local court cases. Examples of this could be driving violations, underage drinking, speeding tickets, etc. These are the types of things which would be common daily occurences in a state or local court. Federal court generally deals with more serious offenses which most of us will not be involved with in our lifetimes. Examples of this could be murder or rape charges, rico charges(organized crime), hazardous conditions lawsuits, etc. Addionally, most of us at one time or another will serve jury duty in a state or local court. These are the main reasons why state courts are part of our lives more than federal courts.
matt Burroughs
All of you got the point that far more cases are in state courts than in federal courts and also that virtually all minor cases are in state courts and those are the kinds of cases that most of us are most likely to be involved in (hopefully!!!).
However, all of you misconstrued this to mean that more serious cases are more likely to be in the federal courts. Not true! Most all capital cases are in state courts and you cannot get a whole lot more serious that that. Yes, these cases can be appealed into the federal courts if some federal constitutional right is involved -- like claiming that a particular form of execution constitutes "cruel and unusual punishment." But most cases involving long terms in jail and death are in state courts and stay in state courts because most crimes do not cross state boundaries. Even if appealed to the federal courts most start in state courts, and most appeals are denied.
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