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The Judicial System of the United States - Essay Example

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Summary
The paper "The Judicial System of the United States" discusses that generally, a hierarchal trend is evident in which the bottom courts have restricted domain, and the relatively superior court has an increasing number of responsibilities and assignments. …
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The Judicial System of the United States
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Extract of sample "The Judicial System of the United States"

The categorization of the courts is based on the nature and the location of the case, and every court is entitled to address and conduct the proceedings of the cases, rather it is only the Supreme Court of the country that has the authority to initiate the proceedings of the case. The local and state courts are active within their restricted domain. The court has certain jurisdictions which are based on the nature and the location of the case (Tinsley, 2000).

File suit or not
It is advisable and as per the discreetness of the company to file suit against any party for its failure to abide by the norms and regulations, or violation of any agreed or legal document. In this case, where company B has betrayed company A and has tried to defy the accepted deal, company A is therefore entitled to submit its complaint to the court.

Civil Courts
The issues concerning social, family, cultural, and religious disputes are handled by the civil courts, whereas the cases related to theft, burglary, murder, violence, corruption, and fraud are treated by the criminal courts. The given case in which another company B i.e. call center has betrayed company A i.e. employer has little relevance to the criminal activities; therefore the proceedings of the case are expected to be conducted by the civil courts. The ambiguities and malpractices mostly related to unethical and immoral values are brought under the domain of the civil court.

The civil court is considered the perfect judicial resort where justice can be achieved, the proceedings in other courts are difficult to be materialized mainly due to the reason that either the court itself will rule out the application, or the lawyers of the defendants can prove that the criminal courts are not entitled to conduct the proceedings, thus such a case will stand void. Contrary, the civil courts can entitle to conduct the proceedings without any legal barrier, therefore company A is authorized to register a case of manipulation of funds, or detachment from the agreed financial deal against company B in the civil court.

The conclusion of the court proceedings is expected to hold company B accountable for its ambiguous and noncommittal behavior and practice, and the defendant can be expected to return the amount. It is unlikely that the civil court will offer any sentence based on imprisonment to the defendant because neither the action of the defendant affected the life of an individual nor the defendant has committed threatening action. The court's venue has great significance, mainly because had the defendant shifted to any other place in the country, it would have been difficult for company A to initiate the proceedings. The nature and the severity of the allegation are of vital importance. Both such parameters would have been highly inconsequential, had the defendant moved to any other location or state.

Civil courts are mainly classified based on their territorial and administrative domains, and any individual out of the local domain of the court can seek escape from any proceedings, warrants, or accusations (Tinsley, 2000). The concept of the venue differs and is based on the level and the jurisdiction of the court, the Supreme Court on its behalf is entitled to handle all social, civil, and criminal cases, and the territorial domain is considered inapplicable, therefore it is the company A which has to decide how to conduct the proceedings against the defendant in an effective manner, to disallow any safe exit to the defendant on the grounds of the non-applicability of the judicial authorities of the respective court. Read More
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