Court System of Puerto Rico

Puerto anti-racketeering constabulary had a distinct reas wizardd trunk to that of Ameri put forward sanctioned scheme till the American solders landed in 1898 . The Puerto anti-racketeering legal philosophys social formation including elegant law rules, institutions, offices and legal culture were undergone important transformation. thither is a change in the accomplished law jurisdiction to the complaisant law-mixed law and other argonas such as legal social body structures, processes, culture and actors. This physical composition examines the current legal system of the Puerto anti-racketeering law and critic all in ally examines 3 adduces (Virginia Islands, hullo and New island of tee shirt) flirt structures.It also provides the proposal for the act structure of Puerto anti-racketeering law on par with these 3 tells. Brief introduction of Puerto anti-racketeering law Puerto Rico is a self-governing commonwealth in association with the unite States. The ho t seat is USA is the chief of assert and elected Governor. It has control over the indwelling affairs and without the interference of the USA. The major differences between Puerto Rico and the 50 states overwhelm exemption from some aspects of the Internal Revenue recruit, its lack of voting facsimile in either house of the U.S congress (Senate and House of Representatives), the ineligibility of Puerto Ricans to vote in presidential elections, and its lack of assignation of some revenue reserved for the states. discriminative system in Puerto Rica is directed by haughty motor lodge. The autocratic chat up is comprised of 7 stress (a chief justice and 6 associate justices) named by the Governor. The structure of Judicial System includes a apostrophize of Appeals, fantabulous court, a District judicature (Civil & Criminal), and municipal hail. There are 12 discriminative soils.The Commonwealth of Puerto Rica also has a zone court comparable to those of the state of US. Each territory court has a least one regularize judge and can turn in more than a score of district judges, as well as a clerk, a United States Attorney, a United States Marshall, one or more United States Magistrates, bankruptcy judges, probation officers, court reporters, and their staff. The federal government, located in San Juan, is represented by 2 district judges and the procurator, who is named by the President of the United States. The Federal court has utmost authority of the ELA.Distinctive features of the American Judicial System includes the adversary system, the common law system, predefined rules for lending litigation, reporting of discriminatory proceedings and the publication of court opinions. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia, the Virgin Islands, Guam and the Northern Mariana Islands and Puerto Rico. The appeal courts divvy up the appeals from the district courts located in the go and also from the federal administrative climb onncies.The exacting judicatory is the highest court in the federal judiciary . The judicial system of Puerto Rico is based upon Spanish Law upon which is based the on United States judicial system. The Puerto Rico legal court system includes a district court, a superior court, an appellate court and the Puerto Rico Supreme speak to as apex court. Decisions of the Puerto Rico Supreme tourist court can be appealed to the Federal Court for Puerto Rico and to the U. S. Supreme Court as a lost resort. Hawaii state judicial system features appellate courts and attempt courts. appellate courts include the Hawaii Supreme Court and the talk bourninations Court of Appeals and the trial courts include the spell, Family and District courts and functions four judicial districts. The judicial system of Virginia Islands consists of the Supreme Court of Virginia, the Court of Appeals of Virginia, the General District Courts and the lick Courts . The structure of New Jerseys court system is very simple featuring Municipal courts, evaluate Court, state Superior Court, which includes the trial courts, an Appellate Division and the New Jersey Supreme Court.All the above mentioned court systems such as Hawaii, Virginia islands and New Jersey has different set of court structures . Except in the criminal and thoroughgoing fields, Puerto Ricos legal system substantially remained that of the Spanish courtly law . Puerto Rico states highest court The Supreme Court of Puerto Rico is the highest court of the Puerto Rico, which is analogous to one of the U. S state compulsory courts established in San Juan. The ultimate judicial authority lies deep down Puerto Rico for interpretation and deciding on the question of topical anaesthetic commonwealth law.The organic law and the laws of Puerto Rico determine the jurisdiction of the Supreme Court and works similar way to the state Supreme Courts in the United States. It has concurrent jurisdiction to interpret federal laws, unless the Supremacy Clause requires otherwise. The Supreme Court of Puerto Rico used the common law to resolve the private-law issues and later drifted to methodical research integrating the civil law into the civilian context . Comparison of the Supreme Court of Puerto Rico with the Virgin Islands, Hawaii and New Jerseys Supreme Courts.The Supreme Court of Hawaii regards appeals for writs of certiorari to the Intermediate Court of Appeals and applications for transfer from the Intermediate Court of Appeals. It also attempts reserved questions of law from the circle courts, the land court, and the tax appeal court, certified question from the federal courts, applications for writs, complaints on elections and it makes rules of practice and procedures for all state courts, licenses, regulates and disciplines attorneys and judges. The New Jersey Supreme Court composed of a chief justice and six associate justices.It take s up the appeals from the lower courts involving capital slipperinesss and cases in which a panel of appellate judges has dis hold. It also hears the cases of great public importance. The Superior Court has broad jurisdiction in addressing the legal needs of the Virgin Islands community. The Court hears all topical anaesthetic trial matters including civil, criminal, family, probate, landlord-tenant, small claims and traffic. It also acts as a court of appeals for decisions of all governmental officers and agencies . Puerto Ricos Appellate Courts U. S. Court of Appeals for the firstly duty tour is the appellate court for the District of Puerto Rico.The circumference Court of Appeals established in 1994 sits in San Juan and it is the intermediary level between the courts of first instance and the Supreme Court. With the consent of senate 33 justices were named by the Governor for the rophy Court of Appeals. intimately sittings are held in Boston, but the court sits for two wee ks each family in Old San Juan, Puerto Rico and occasionally at other locations within the circuit. First Circuit is the smallest of the thirteen United States courts of appeals Composition of U. S. Court of Appeals for the First Circuit is five sprightly (six authorized) and four senior judges. Juan R.Torruella is the chief judge of the Puerto Rico duty station appoint by the Reagan. The established procedure for the eligibility of the chieftain Judge is that he must be below the age of 65, serving court expeditiously at least one stratum and have not served as a Chief Judge earlier. The appellate courts for the other states in comparison are U. S. Court of Appeals for the Ninth Circuit for Hawaii. U. S. Court of Appeals for the Third Circuit for Virgin Islands and U. S. Court of Appeals for the Third Circuit for New Jersey. The Hawaii appellate courts are comprised of the Supreme Court and the Intermediate Court of Appeals.The Intermediate Court of Appeals of Hawaii hears al l appeals from trial courts and state agencies in the State of Hawaii composed of 6 judges. It is having discretionary powers to hear cases without prior suit in civil cases or cases in circuit court or the tax appeal court and also when the parties agreed upon the facts of the controversy. The U. S. Court of Appeals for the Third Circuit for Virgin Islands composed of 14 active judges. The chief judge should have the same eligibility criteria as if the Puerto Rico has. U. S. Court of Appeals for the Third Circuit for New Jersey is composed of 14 active judges.Puerto Ricos Municipal Courts Municipal courts have the jurisdiction to hear minor civil and less serious criminal cases with in the parting under the powers conferred by the constitution and the other law . Puerto Ricos municipal judges, serving for five years, and justices of the peace, in rural areas, decide cases involving local regulatings. Municipal Courts of New Jersey usually has jurisdiction to take cases such as m otor vehicle and parking tickets, minor criminal-type offenses, municipal ordinance offenses and other offenses including fish and game violations.Municipal Court judges are usually positive by the Mayor of the municipality, with the advice and consent of the council, and serve a term of three years and eligibility set by the statute and he should have 5 years of practice experience. The Municipal Court of the Virgin Islands was named as the Territorial Court of the Virgin Islands and having jurisdiction over all civil actions and criminal matters. Territorial court is now changed to superior court by means of Bill No. 25-0213. Hawaii does not have Municipal Courts.County and local ordinance and traffic violations are tried in state circuit and district courts. Puerto Ricos Major Trial Courts The nine-spot superior courts are the Puerto Ricos Major trial courts. The term of the superior court judges is 12-years. The superior courts were divided into 13 districts in 2003 and have o riginal jurisdiction of not exceeding $10,000 in civil cases and also in minor criminal cases. District courts also hear preliminary motions in more serious criminal cases . The Hawaii trial courts include the Circuit, Family and District courts.The courts are structured geographically Puerto Rico constitutes one judicial district and held at Mayaguez, Ponce and San Juan according to United States Code Title 28, Part I, Chapter 5, Sec. 119. The Hawaii appellate courts are comprised of the Supreme Court and the Intermediate Court of Appeals. The trial courts include the Circuit, Family and District courts. The Virginias court structure has District Court, at the lowest level, to the Supreme Court at the highest level. The Circuit Courts is at the second lowest level, and the Court of Appeals at the next level.The Chief Justice and the Supreme Court will function as the administrative body for the entire Virginia court system. Structure of New Jerseys court system is the simplest in a mong all the court structures. Municipal courts, Tax Court, state Superior Court, which includes the trial courts, an Appellate Division and the New Jersey Supreme Court are the basic type of the courts. Judges appointment Justices for The Supreme Court, The Appellate Court, The Court of First Instance (composing of Superior Court and Municipal Court) appointed by the Governor of Puerto Rico with the consent (majority vote) of the Senate and retires at the age of 70.The Circuit Court of Appeals includes 33 justices. Justices and judges in US are appointed under the Article III of the constitution by the president of the US with the majority vote of senate for life time . Judicial and Attorney estimable standards The Code of Conduct for United States Judges According to the code of conduct duties of judge are 1. Upholding the integrity and independence of the judiciary. 2. Avoiding indecorousness and the appearance of impropriety in all activities. 3. Performing the duties of the o ffice impartially and diligently. 4.Carrying out illegal activities for improving the legal system and the administration of justice. 5. Regulating extrajudicial activities to minimize the risk of conflict with judicial duties. 6. Regularly filing reports of compensation current for law-related and extra-judicial activities. 7. Refraining from political activity . Attorney ethical standards 28 C. F. R. PART 77ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT The Department of Justice makes sure that its attorneys perform their duties in accordance with the highest ethical standards through implementing 28 U. S. C.530B and guide attorneys concerning the guidelines imposed on Department attorneys by 28 U. S. C. 530B. Conclusion The Puerto Rico courts and legal structure had under gone a drastic transformation under the U. S rule. Now it has its own court structure with some limitations. In antagonism of very simple court system the New Jerseys legal system is effective. Two step appellate review process in Virginia court system is also a good for the better scrutiny of the case . The courts systems of Hawaii, Virginia Islands and New Jersey have a good court structure and can be ideal for the court structure of Puerto Rico.Reference 1. Carlos R. Soltero, (2006) Latinos and American law landmark Supreme Court cases, University of Texas Press. 2. William Miller, (2006), Evolving Internet reference resources, Haworth Press. 3. Virginia Courts. Virginia Judicial System. 2008. Retrieved on 2008-03-04. http//www. courts. state. va. us/courts/courts. html 4. State Court Caseload Statistics, 2003, Retrieved from http//www. ncsconline. org/D_Research/csp/2003_Files/2003_SCCS_Charts1. pdf 5. Juan R. Torruella, (1985), The Supreme Court and Puerto Rico The Doctrine of Separate and Unequal, Editorial UPR.6. Vernon V. Palmer, (2001), Mixed jurisdictions worldwide the third legal family, Cambridge University Press. 7. SUPERIOR COURT OF THE VIRGIN ISLANDS, Division of St. Thomas/St. John, Retrieved on April 2, 2009, http//www. visuperiorcourt. org/ 8. timothy F. Fautsko, (2003), Workload assessment model for the Puerto Rico municipal court, Retrived on April,2. http//contentdm. ncsconline. org/cgi-bin/showfile. exe? CISOROOT=/spcts&CISOPTR=cv 98. Puerto Rico Judicial system, (2007), Advameg, Inc. Retrieved on April 2, 2009, http//www. city-data.com/states/Puerto-Rico-Judicial-system. html 10. Leonidas Ralph Mecham, The Federal Court System, in the United States, Retrieved from http//www. uscourts. gov/library/internationalbook-fedcts2. pdf 11. Leonidas Ralph Mecham, The Federal court system in the United States, Retrieved form http//www. uscourts. gov/library/internationalbook-fedcts2. pdf 12. Order No. 221699, 64 FR 19275, Apr. 20, 1999. 13. Marie Wayson (2008), Virginia Court System Function and Purpose, Retived on April 2, 2009, http//www. associatedcontent. com/article/724285/virginia_court_system_function_and. html