Essay on "Legal System"

Essay 2 pages (922 words) Sources: 2

[EXCERPT] . . . .

At the federal level the judges who sit on the Supreme Court are appointed and serve for life while, on the state level, judges of the Wisconsin Supreme Court are elected in non-partisan election and serve for a term of ten years. Both systems also an intermediate level that

The system in Wisconsin was established through the terms of the Wisconsin state Constitution and is operated on four different levels of authority (Conant, 2006). The judicial branch of the legal system is headed by the Supreme Court. The Wisconsin Supreme Court consists of seven judges elected n a nonpartisan basis for a period of ten years. In Wisconsin, the Supreme Court is the final authority on any state constitutional issues, has the power to hear appeals at its own discretion on general legal issues, and possesses original jurisdiction in a very limited number of cases.

The State's next highest court is the Court of Appeals. This is an intermediate level for both systems and they serve a similar function. On the federal level the judges are again appointed and enjoy a lifetime appointment while judges on the Wisconsin Court of Appeals are elected for a term of six years. In both the federal and state system litigants have an automatic right to an appeal from decisions made at the trial level.

In the federal system, the lowest level is the District Court. This is the trial level of the federal system and it is in this court that nearly all legal remedies are pursued at the federal level. Like all federal judges, District Court judges are appointed by the President and they serve for life. In Wisconsin, the trial court is identified as the circuit court. The circuit court is responsible for handling most serious criminal and civil litigation in the state of Wisconsin. Judges who sit on the circuit court are elected and serve for a term of six years.

In Wisconsin there is an additional level below the circuit court. Indentified as the municipal court, this is the level that affects most citizens on a daily basis. In these courts minor criminal and civil cases and traffic cases are heard. These judges are also elected to their positions.

Although the federal and state legal systems retain their own identity there is considerable overlap between the systems. Understanding the distinctions, however, is essential to understanding how each system operates.

References

Carp, R. (1990). Judicial Process in America. Washington, D.C.: Congressional Quarterly.

Conant, J.K. (2006). Wisconsin Politics and Government: America's Laboratory of Democracy. Lincoln: University of Nebraska Press.

Mengler, T.M. (1995). The Sad Refrain on Tough on Crime: Some thoughts on saving the Federal Judiciary from the Federalization of State Crime. University of Kansas Law Review, 503-523.

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