Running head: COURT HISTORY AND PURPOSE 1

Court History and Purpose

Roxabel Perez Garcia

CJA/224

November 13, 2014

Thomas Payne

COURT HISTORY AND PURPOSE 2

Court History and PurposeCourts is an agency or unit of the judicial branch of the government, that’s authorized or

established by statue or constitution and is consisting of one or more judicial officers which has

the authority to decide upon cases, controversies in law and dispute matters that are brought

before it. The courts purpose is to do justice, to appear to do justice, to provide a forum where

disputes between people can be resolved justly and peacefully, to censure wrongdoing and

censure which mean to condemn or to blame, to incapacitate, punish, for rehabilitation and

general deterrence, also to determine legal status and lastly to protect individual citizens against

arbitrary government action for example the right of the First Amendment .Its functions are to

uphold, protect individuals, resolve disputes and reinforcing social norms.

The dual court system is what separates federal and state court it parallels federalism, a

system of government where power is divided between a central governing body (ex. federal

government) and various constituent units ( ex. the states). Where the only powers of a federal

government are those listed, with the rest being left to the states. The dual court system can

promote complications and confusion. When it comes to criminal acts such as firearms consider

as violations both federal and state criminal law, this is it leads to confusion, since an offender

may be tried twice in two different systems. States has limited jurisdiction courts such as tried

courts, appellate courts and supreme courts. Federal level there are trial courts, appellate courts

and the U.S Supreme court, each court adjusts to different offenses. Appellate courts consider

matters depending on where they lie in court.

One of the first legal codes was known as the Code of a Hammurabi assembled by the six

Babylonian King. The Hammurabi Code formed in 1760 B.C expressed a strong “eye for an eye”

philosophy. There also being Roman laws which provide formally codified legal principal. The

Twelve Tables (450 B.C) was the first secular written legal code. It was named this way because

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laws were written onto 12 ivory tablets. These early legal codes are important because they

signaled the emergence of formalized “law”

The common law and precedent played in the development of courts through time. The

common law can be understood when it is contrasted with special law, which refers to laws of

specific villages and localities that were taken over by medieval England and often enforced by

colonial courts. As more judges began to record their decisions the principals of stare decisis

which means to stand by thing decided, and precedent were developed.

Precedent refers to prior actions that guides current action ensures continuity and

predictability often referred to as stare decisis. Common law viewed as a legal concept with

social implications as the medieval judge was entrusted with the wisdom, values, and morals

established by the community and trusted to apply ten to solve disputes between citizens.

Early colonist brought English common law tradition to America. Today all courts follow

earlier courts decisions. State supreme courts issues a decision, all lower courts in that state will

bind to follow it. Precedent binds not only on those courts within the jurisdiction of the courts

but as courtesy some courts ADHERE to other courts decisions across jurisdiction boundaries.

A court has two reasons adjudication and oversight which are important for the protection

of public safety and the smooth operation of the system. Adjudication focuses to dispute

resolution and adjudication of complaints. Courts decide who is going to answer for an

ALLEGED criminal act and with the adjudication role once police makes arrests, prosecutors

would not be filing charges in vain.

The oversight aspect of courts provides an important function in American criminal

justice; it decides matters of law that affects how police officers do their jobs on the street.

Oversight is where courts only get involve once a particular matter comes to the attention of an

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appellate court and it’s only then if decision is publicized and made available for practitioners

and other interested authorities to read and implement, but not all decisions are published all

limits the oversight function.

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Seigel, L., Schmalleger, F., & Worrall, J. L. (2011). Courts and CRIMINAL JUSTICE  in America Chap.1 . : Prentice

Hall.

Neubauer, D. W., & Fradella, H. F. (2011). America's Courts (pg.299)(10th ed.). Belmont, California: Wadsworth

Cengage Learning.