Running head: COURT HISTORY AND PURPOSE

Court History and Purpose

Roxabel Perez Garcia
CJA/224
November 13, 2014
Thomas Payne

COURT HISTORY AND PURPOSE

Court History and Purpose

Courts is an agency or unit of the judicial branch of the government, thats 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

COURT HISTORY AND PURPOSE

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

COURT HISTORY AND PURPOSE

Oversight is where courts only get involve once a particular matter comes to the attention of an
appellate court and its 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.

COURT HISTORY AND PURPOSE

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.