Role and Function of Law Essay

Role and Function of Law Essay

Christopher Wallack

ETH/321

6/29/2015

David Tiffany

Role and Function of Law Essay

This Essay will discuss the role and function of law in the United States, the state of Pennsylvania, and the catering industry.  It will discuss the differences between the federal court structure and the state court structure, explain judicial review, and explain the impact of laws and regulations on the catering industry.  

Federal versus State Courts

The federal court structure in the United States can be described best like a pyramid.  At the top of this pyramid is the United States Supreme Court.  They hold the highest judicial power in the country.  Article III of United State Constitution created this power and it also granted Congress the power to create lower federal courts.  The next tier down on the pyramid is the United States Appellate Courts.  These federal appeals courts review cases from the lower United Sates District courts.  These low level district courts hear trails and a jury decides who is right and who is wrong.  (Current Role and Structure 2015)

The court structure in Pennsylvania is similar in some ways to the federal system.  The PA state judiciary system is also organized as a pyramid.  The top of this pyramid is the PA Supreme court, given it power by the PA state constitution it review cases from the PA Superior Court, and the Commonwealth Court.  Below the Supreme Court are the PA Superior Court, which hears the appeals for most civil and criminal cases in the state, and the Commonwealth Court, which hears civil actions brought against the state of Pennsylvania.  Below these courts are the PA Courts of Common Pleas.  The PA state Common Pleas courts hears appeals from the bottom level of the state judiciary system, which are the minor courts.  The PA state Minor courts are responsible for determining weather cases go to the Court of Common Pleas, preliminary hearings, and setting bail in all cases except murder and manslaughter.  (Learn 2015)

The main differences between the state courts and federal courts are that federal courts are bound and established by the constitution of the United States, where as state courts are established by their states constitution.  State courts generally handle the laws specific to the state, where as federal courts deal with national laws established by congress and United States Constitutional issues. (Melvin 52)

Judicial Review

Judicial Review is a concept that federal courts have the right to strike down any state or federal law that is considered to be unconstitutional.  This authority became law in 1803 in the case of Marbury v. Madison.  In the case the court found that the United States Constitution was superior to all federal and state laws, and when there is a conflict between these laws and the constitution, the court had the power to declare the law unconstitutional.   (Melvin 30)