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Law, Society and Dual Court Systems

 

            Laws, the unspoken contract we have all agreed to based on what we wanted to be provided to us, but without a way for them to be viewed and attended to, to see if they have been broken in anyway, there must be a system in place, and that is the purpose of our courts. The American legal system has decided to have a dual system, the protection of the Fifth Amendment making it so a defendant cannot be tried multiple times for the same offence. In order to filter out the larger amount of similar issues a limited jurisdiction court was created with a more general court that handles more specific infractions of law. Although, this is a double-edged sword as a negative would be the inability to have a case seen in general jurisdiction if some requirements are not met, preventing certain cases from getting as much time as needed, and the subject of much controversy jury nullification. These issues cannot be quickly solved and dealt with as they also are part of why other mechanisms in the system work.
             The dual court system was devised to retain enough legislative authority and judicial autonomy separate from federal control. The main reason they were established was to allow for new states to have a more limited ability for creating new laws and the courts where needed to hear cases in which violations of those laws occurred. This created a lot of potential infractions and although it is called a dual court system it is more multi-tiered and tends to be a dual system on each level, which is how limited and general jurisdiction courts came to be. The advantage to having the system function in this way is how the limited jurisdiction courts which hear the majority of cases (about 66%) allow for general jurisdiction courts to deal with a much broader range of cases. Some of which can take a much longer time to find a verdict, and compile all of the necessary evidence. .
             With the compilation of evidence and issues of different levels in the court, bore The Fifth Amendment another way for citizens to be protected from their government.


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