2008/02/10

Both the court system in Thailand and United State

I read these stories. I think that the both court system are an important to United State. I think it was builded, which control power court together.
Under the federal court system, the constitution invests the judicial power of the United State in the federal court system. The constitution creates the Supreme Court and gives congress the power to create the lower federal court. The structures of the federal courts are many different federal courts. It may be separate two main ideas: traditional and special courts. I think the traditional federal courts are a general jurisdiction, which means that judge have authority to decide case of many different types. There are 3 principal levels of federal courts: at first the district court, second the court of appeal and third the Supreme Court. And special courts are nation wide jurisdiction over certain type of case. There are 3 special courts: the U.S. court of federal claims, the U.S. court of international trade and the U.S. tax court.
Under the state court system, there are 50 state courts in the U.S. Each the state court operates freedom under the constitution and the law of state. The structure of the state courts, I think it likes that of the federal courts. It is a form of pyramid. It has 3 level systems with a trial court level (superior), an appellate court (court of appeals) and a court of last resort (Supreme Court) at the top.
Now, I think the court is an important for people. If they have a contentious case, they can complaint to the court.
For the United State, I think that the federal and state courts system that exist in the United State. The both systems can mix together for using trial case. It is a decision of the individual person involved if plaintiff wants to get them case handled in federal or state court. There are many courts.
1. U.S. supreme court. It is the highest appellate court on the federal level. It has consisted of 9 justices. Supreme Court have unlimited and rule to control between state and federal. It may be the court of first instance.
2. Federal court of appeal. There are 13 courts. It is big more state court. Any bodies can complaint to this court. It is a special in appeals of decision in cases involving patents, contract claims against the federal government, federal employment cases and international trade.
3. Federal district court. There are 94 courts. It is a big more than state court.
4. State court. There are 3 courts that consist: 1. local trial courts. 2. State appeals court. 3. Highest state court of appeals. It is first court. I can complaint to this court. If I was not like judgment, I will complaint to state appeal court. When I can’t like judgment of second court I can appeal to highest state court of appeals or federal court of appeals. Each state has court system which exist freedom from the federal court. It can control and consider cases inside the state only. A person’s other state can not complaint to the state court.
5. Court of claims. This court hears cases in which the U.S. Government is sued.
6. Court of military appeals. This court hears appeals of military court-martial. For example: when a person who is a military commits a crime they can be tried and punished by the military courts.
7. Court of international trade. The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices.
Whereas
For Thailand, I think that the Thai court system was adapted from former time. Now, there is change legal. It is modern same various international. The constitution is the supreme of the country that builds the power of judiciary. Each the court systems in Thailand had had different role and duty for adapt apply. There are many courts in Thailand such as the constitution court, the court of justice, the administrative court and the military court and anything else. I can separate the court, it consists 3 courts.
1. Court of first instance. The Courts of First Instance are categorized as general courts, juvenile and family courts and specialized courts. The general courts are ordinary courts which have authorities to try and adjudicate criminal and civil cases. Those courts are: Civil Courts, Criminal Courts, Provincial Courts and Kwaeng Courts. According, I have contentious case; I can choose the complaint to any court. I don’t satisfied judgment of judge. I can an appeal to the Court of appeal.
2. Court of appeal. The Courts of Appeal consist of the Court of Appeal and nine regional Courts of Appeal. The Court of Appeal handles an appeal against the judgment or order of the Civil Courts and the Criminal Courts. The Courts of Appeal handle an appeal against the judgment or order of the other Courts of First Instance. If I don’t satisfied judgment, I can an appeal to Supreme Court. It is last court. It can give fair for people.
3. Supreme Court. The Supreme Court is the final court of appeal in all civil and criminal cases in the Thailand.
The fact, I detail about both the Thai and American court system. There are similarities and difference between the two courts.
I think that similar both court in Thai and U.S. There is court of appeal that is appeal, when you don’t like judgment of first court. You can appeal to court of appeal. The Courts of Appeal handle an appeal against the judgment of the other Courts of First Instance. You don’t satisfied judgment; you can an appeal to Supreme Court. The Supreme Court is supreme in the court. The Supreme Court is the final court of appeal in cases in the United State and Thailand.
I think that difference both court. In Thailand uses civil law. Whereas in US uses common law. In Thailand don’t have juries whereas in U.S. have juries. All court in Thailand that uses witnesses. Whereas court of appeal in US. Courts of appeals do not use juries or witnesses. In Thailand have one system. Whereas in the U.S. have 2 system that mix together. It consist federal and state court system.

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