The Roles and Functions of Law

The Role and Functions of Law

Federal Court Structure v. North Carolina Court Structure

Due to federalism, the federal and court system have their own court system.  The Federal Court System is divided into 12 geographical courts.  They have the authority of the judicial review.  Trials are presided over by a single judge (often sitting with a jury); entry-level appellate cases are heard by a three-judge panel.  The highest court is the Supreme Court followed by the Court of Appeals then the trial courts.  In the state of North Carolina the Supreme Court is the highest appellate court.  The Superior Court is considered the trial court addressing all felony cases and civil cases involving $25,000 or more.  The District Court addresses misdemeanor cases and civil cases involving less than $10,000.  North Carolina courts as any other state courts handle specific legal matters:  divorce, custody and child support cases.  

Concept of Judicial Review

The Supremacy Clause Article VI, Clause 2 of the Constitution states that the ‘Constitution, and the Laws of the United States which shall be made in Pursuance thereof…. shall be the Supreme Law of the Land’.  If there is a conflict of interest between the Federal Court and State Court; Federal Court trumps the State court.  The State court must also abide by the Supreme Court decision.   Each state has its own independent judicial system.  The final authority on what the law is the highest court in the state, which normally is the Supreme Court.  There are only special circumstances or cases eligible for review by the U.S. Supreme Court.  The judicial review interprets the Constitution and determine which laws keep with the Constitution.  In 1803, the case of Marbury v. Madison, the Supreme Court established the duty of the judicial review declaring itself to be the final arbitrator.  

How Laws or Regulations Affect My Present Job

        Service members have the same constitutional rights and protections as American civilians.  However, if the service member breaks the law while in the military; he can also face prosecution not only in the military justice system but also in the civilian court system.  Under the Uniformed Military Code of Justice (UCMJ) there are more laws than civilian laws.  There are many forms of misconduct in the military that that constitutes as being a crime and considered a civilian criminal law.  For example:  an enlisted soldier disrespectful to an officer is consider a crime; whereas in the civilian world a person being disrespectful to his employer will just lead him into seeking employment elsewhere.  Absent without leave (AWOL) is a military offense. A soldier cannot just not report to duty because he does not feel like working.  He faces charges but will not be discharged; however a civilian will probably be terminated.  The military may court-martial a soldier for a civilian type crime even if committed off post or off duty.   A service member is considered a soldier, 24 hours, 7 days week.  They need to re-read the Oath that they swore into.