Required fields are marked *. Some disadvantages would be higher costs and the time it, will take for the case to be heard since the court usually takes less than a hundred cases per. But what happens if you financially cannot pay the amount that the federal government insists that you owe? The former of these reasons is known as "federal question" jurisdiction, while the latter is known as . Compare this to another example. After reading this page i have learned something that will be helpful for my exam.so i am thankful to you. If someone does, and it sounds too good to be true, it most definitely is. However, choosing someone who offers false promises like these simply because it gives you hope or peace of mind, might end with ineligibility, deportation, or even worse, prosecution for filing false application and then deportation. This will take some time, and it might take some legwork from you. No judge will look favorably on you if you continued to break the law after your DUI. Hello, I am currently taking BUS311: Business Law I (BBL2118B) Week 1 discussion forum: The professor asked the below captioned question: HypotheticalCaseProblems Case1. Identify a character from both a fiction(Zitkala-Sa, Alexie's "Pawn Shop," Wright, or Ellison) and a nonfiction (Tecumseh, Jacobs, or Douglass) piece that we have read this week. combinations of these methods, e.g., appointment followed by election. Roadways to the Bench: Who Me? There is no attorney who can promise results or guarantee that an application will get approved. Failing to show up to court could result in a large fine or even a warrant for your arrest. 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Waiting for your court date could take weeks or even months, so for most people, posting bail is a better option. Superior courts consist federal court as the highest court then followed by court of appeal and high court for Malaya (west Malaysia) and Borneo (east Malaysia). Some cases will settle after discovery is complete, others will require a full trial. Another advantage of the dual court system is that it acts according to the check and balance principle. Lastly, a federal system of government is disadvantageous because it produces a weaker federal or central government and a stronger component unit. Because of this, its a good idea to look into SR-22 insurance as soon as possible. Having a basic understanding of each system can help guide your decision. Similarly, state and local officials are closer to the problems in their areas, so it makes sense for them to choose policies to address these issues. This is so because the association of different component units will make the government stronger and respected by international organizations. This could result in a serious fine and even jail time (up to six months). You can check their website for public information on immigration issues as well as immigration lawyers who are members. And that is often--but not always--worse for plaintiffs. 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Explain the advantages and disadvantages of federal versus state court for this type of suit. Expense of federal versus state court cases. Attorney #1 says, I have worked on similar cases although yours has a more complex timeline. Prentiss Law Officeis a good place to start. The plaintiff is a Quebec-based supplier of helical piles and associated materials and machinery for residential and industrial applications. We all know, for example, that robbery is a crime, but what law says it is a crime? Your email address will not be published. There are two kinds of courts in this country -- state courts and federal courts. In running the size of the United States with such a diverse population, it is very easy to do if local officials are given power. In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem's lyrics were protected by the First Amendment. San Diego, CA: Bridgepoint Education, Inc. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The U.S. Constitution is the supreme law of the land in the United States. Weve put together this guide to walk you through what to do after a DUI, so make sure you keep reading below! Stark economic differences across states have a profound effect on the well-being of citizens. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Advantages and Disadvantages of Federal System of Government: Federalism is one of the most popular and practiced systems of government in the world. Whether your company is involved in a lawsuit as a plaintiff or a defendant, bringing the case to a federal trial court could be to your advantage. In some cases, a case may qualify for either federal or state jurisdiction. In essence, an offer in compromise allows you to repay tax debts that you owe the IRS for less than the full amount in the event of financial hardship, a federal miscalculation, or complete inability to pay. All these disputes have to be resolved in the light of the constitution. Hiring an attorney who is not legitimate who then submits false applications on your behalf can make matters much worse for you. Federal court has the authority to accept the decision of Court of Appeal (criminal or civil) tried in . I promise we will get your application submitted and approved. Firstly, all practicing lawyers have to register in the state where they practiced with the bar association. Your car insurance premiums will get much higher after your DUI. The disparities in costs and pace are two areas to be considered. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. plaintiff and defendant are both from the same state. During this hearing, the DMV will determine whether or not theyll allow you to keep your license. For example, cases involving parties in two separate States, alluded to as diverse jurisdictions, may qualify to be brought before either federal or state courts. Hope you understand the information shared in this page? If someone does, and it sounds too good to be true, it most definitely is. You wont be stuck in there forever. Like it is always said, anything that has advantages equally has disadvantages as well. This will take some time, and it might take some legwork from you. Stay up-to-date with how the law affects your life. It is also one fraught with uncertainty and potential fear, especially where deportation is concerned or where green cards can mean the difference between being with your family and not. Advantages and Disadvantages of Federal vs State Court. Travel Around The World With Cryptocurrency, 8 Creative Strategies To Get More Views On Your Reels, What You Should Know About LED Street Lights, A comprehensive guide about weight loss supplements, EVERYTHING YOU NEED TO KNOW ABOUT SCIATICA, 6 Powerful Habits That Will Change Your Life Forever, 5 Mindless Habits That Will Cause You Back Pain. Remember that lawyers cannot make promises or guarantees of any kind. Failing to meet federal tax obligations (orlying about themin order to pay a smaller amount) can lead to serious legal consequences, including fines and even jail time. 2891 Words12 Pages. That said we can discuss what is likely to transpire in the event that this application is accepted or denied, and what our firm will do for you there after. A police officer pulled you over, gave you a breath test, and before you even realized what was happening, hauled you off to jail. Although the plaintiff in a case has the first choice over which jurisdiction is used, it is important to note that the defendant may have an option. Some states also have an intermediate Court of Appeals. These circumstances are: The approval rate for an Offer in Compromise is extremely low. So if an attorney guarantees that your application will get approved or guarantees that you will get a green card by using them, consider someone else. On the other hand, the exploration process starts before this decision is done. The first method worked in the United States and the second in Canada. Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Most criminal cases, probate (involving wills and estates). What is an offer in compromise? In terms of what you have available to you in terms of recovery and damages, you can really have a combination of New York State Law and New York City Law claim that would allow you to recover the same and more damages than you would under a federal claim. Some are referred to as Circuit or District Courts. Some political scientists have argued that a federal system of government is not actually advantageous because it brings about an unnecessary duplication of the government which is also true. It goes without saying that a federal prosecution has disadvantages as well. <br> <br>The high cost is often the result of the discovery . Some lawsuits will be resolved after the investigation is finished, others will give a comprehensive trial. To this end, a special judiciary with broad powers must be established. If you want to increase your chances of approval for an offer in compromise, you need to have thorough records of your finances throughout the past year. A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court. This will allow you to continue work, school, or looking after your kids while you wait for your court date. You simply dont know the law as well as an attorney, and its easy to miss something or make easy mistakes that can hurt you during the trial. The differences between federal and state courts are defined mainly by jurisdiction. Remembering a few simple tips will ensure you get back out of jail again and prepare you for your day in court. Generally speaking, a person has no control over whether they are charged in state court or federal court. The biggest problem that arises when your government has the power of two institutions is the power struggle. For example, cases involving parties in two separate States refers to as diversity jurisdictions, may qualify to be brought before either federal or state courts. Advantages to federal court: Process is more streamlined, usually moves faster than state court. If a police officer pulls you over and determines you are driving under the influence, they will (most likely) arrest you and take you to the county jail. State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts). Even if a person or group has taken control of all three branches of the federal government, federalism ensures that state governments will still function independently. State courts handle by far the larger number of cases, and have more contact with the public than federal courts do. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. It creates a federal system of government in which power is shared between the federal government and the state governments. State courts can monitor cases in less time but federal courts consider to better than state court in this regard. Jurisdictional issues are important both when determining where to litigate and when putting together agreements with dispute provisions. If theres one group you never want to mess around with, its the IRS. In World magazines you might read popular stories, entertaining tidbits about famous people, and scandals. Many crimes can only be prosecuted in state court (for example, except in limited circumstances or in cases involving federal lands, murders and assaults are only prosecuted in state court). Discussion 1. Federal courts appear to be the less forgiving of disruptions on either side, and persistence is not what the plaintiffs seek. This is so because the association of different component units will make the government stronger and respected by international organizations. Advantages and Disadvantages of Adversarial System. federal Courts have authority over personal injury cases only if there is a diversity between the parties. Based on this, political scientists are of the view that prancing a federal system of government brings about a stronger stable government. Analyze whether the suit can be brought in federal court; Explain the advantages and disadvantages of federal versus state court for this type of suit. 3. It is no wonder that businesses suing as claimants usually tend to appeal to the federal court, not the state court. It can impact a lot of other areas of your life, including your work, your school, and even your home life. Communicate with your attorney often so you stay in the loop and understand everything that is happening during your case. All rights reserved. Top immigration attorneys will also be members of organizations like the AILA which has its own list of members. Specialized courts also run the risk of encouraging special interest groups to take an undue . State courts are the final arbiters of state laws and constitutions. Federalism also comes with drawbacks. If you dont pass your DMV hearing, you wont have a drivers license anymore. 3 Possibly Life-Saving Things Youll Learn in Motorcycle Safety School, Choosing a Pet Supplies Store Online: Qualities That You Should Look For, What You Need to Know about Dog Coats and Sweaters, Are Your Pets Stressed? Also read: Major pillars of a democratic government. Either the constitution states what powers the federal powers have, and they leave them to the remaining federation units or it states what powers the federal units have and they leave the rest to the federal powers. Options can be divided into two different ways. How can I protect myself when working with an attorney? Since Javier, is suing for $100,000 the lawsuit can be heard in either state court or in a federal court during an, appeal. Discussion Response #1 (Rhopsody)-In the case of Javier versus Energy Auto Inc. if Javier were to sue the Energy Auto Inc., Javier would be the plaintiff and Energy Auto Inc. would be the defendant. In such cases, it is prudent to provide a solid grasp of the advantages and disadvantages of federal versus state courts before the choice of jurisdiction. Advantages and Disadvantages of Village Life in Points, Advantages and Disadvantage of Travelling, The benefits of playing an online live casino, Essay on Advantages and Disadvantages of Offline Shopping, Advantages and Disadvantages of Globalization Full Essay, 8+ Advantages and Disadvantages of Motorcycle |Having Bike, 10+ Advantages and Disadvantages of Mobile Phones in Points, The state courts are governed by the laws of every other State and have wide jurisdiction. There's advantages and disadvantages to both. As noted in a recent publication by Duke Law School, federal court cases are expensive. Keep in mind, you will likely have more than one court date. Contact us. Fortunately, in such circumstances, you are not without options. Meanwhile, if you have you have not read my article on the merits and demerits of unitary system of government, I enjoin you to do that first. Your car insurance premiums will get much higher after your DUI. Both the central and state governments want to assert their power over each other, which sometimes leads to conflicts between them. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ultimately, I think our system is even better than the parliamentary and cabinet systems found in the UK, as well as the confederation system found in Canada, and the system before our current system. : Federalism is one of the dual court system is that it according! Is no wonder that businesses suing as claimants usually tend to Appeal to the federal and state laws constitutions. What to do after a DUI, so for most people, posting bail a! The first method worked in the world are of the most popular and practiced systems government... In the world you get back out of jail again and prepare for. The state governments component units will make the government stronger and respected by international organizations suing claimants! Walk you through what to do after a DUI, so for most people, posting bail is diversity! Give a comprehensive trial allow you to continue work, your school, and sounds. Application will get your application submitted and approved are important both when determining where litigate... Fine and even jail time ( up to six months ) disadvantageous because it a... A drivers license anymore and scandals reduce it risk whether or not theyll allow you to keep license! That robbery is a better option power over each other, which leads! 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