Contrast/Comparison Of State And Federal Court Systems

1034 words - 4 pages

AbstractAfter filing an Equal Employment Opportunity Commission (EEOC) complaint and seeing the complaint through to arbitration and then being sent a "Right to Sue" letter, the next step is to file a complaint with the court of jurisdiction. Dependant on what discrimination law the Right to Sue letter is used will depend on what court the complaint will be filed. State or Federal Court systems are two separate and distinct institutions and have different rules of law.Comparing Differences in State and Federal Court SystemsBeginning an Equal Employment Opportunity Commission (EEOC) complaint is the only formal proceeding that must be satisfied prior to any state or federal civil litigation involving discrimination by an employee against an employer. Black's Law Dictionary defines "Litigation" as a "contest in a court of law for the purpose of enforcing a right or seeking a remedy" (Roth, 2005). When a dispute arises between legal entities and the parties cannot resolve the matter, the Judicial System is the branch of government that all of us have established to resolve the dispute (Roth, 2005). Normally, when one party believes that a wrong has been perpetrated against them, the civil courts are used for justice. In an EEOC case, the very first and only initial complaint must be to the EEOC itself. No court, state of federal will accept a civil lawsuit involving discrimination without an EEOC investigation and if warranted, an attempt to enter into arbitration with the two parties. After a failed arbitration attempt, if the EEOC believes according to their investigation that the complainant was the subject of discrimination, a "Right-to-Sue" letter is granted within thirty days. At this point, a strategic decision will be required by the complainant in which jurisdiction to file the civil lawsuit. Federal court as a first venue is very attractive, as the complainant does not have to stop the State EEOC investigation by filing in the State court (Willoughby, 2005). The State EEOC will send their own Right-to-sue letter which will give the option of making a complaint in either Federal or State court (Willoughby, 2005).Federal Courts decide justices using their interpretation of federal statutes and federal common law, the state courts are the arbiters of issues of state law, using the state's own constitution and statutes. State courts also have broad powers in developing common law doctrines through their judicial decisions (Olson, 2005). Most states have judicial procedures that are common to the federal system, with an automatic right of appeal to the intermediate level and discretionary review the by the court of last appear; usually the state's Supreme Court (Olson, 2000). The Federal system has the same-tiered level approach with the Court of Appeals being their review and the U.S. Supreme Court being the last resort in discretionary review. The disparity between the two systems is the U.S. Constitution, Federal courts can decide only those...

Find Another Essay On Contrast/Comparison of State and Federal Court Systems

State and Federal Systems Essay

981 words - 4 pages Abstract:This paper will discuss the similarities and the discrepancy between federal and state employment protection laws pertaining to whistle blowing. This paper will provide an overview of what whistle blowing is and the issues related to differences between state and federal regulations.State and Federal Systems Paper.Employment laws exist as a bridge between companies and employees so that each receives equitable consideration when it

State and Federal Systems Paper

1166 words - 5 pages In the United States, each state has state laws that need to be followed regarding employment. That is each state has its own court system to handle criminal and civil cases. Outside of these state run court systems is the federal court system. This court system is designed to try cases that involve issues that are governed by federal laws or the United States Constitution. Employment laws differ from state to state and on the federal level

State and Federal Systems Paper

1093 words - 4 pages State and Federal Systems PaperUniversity of PhoenixEmployment LawMGT 434Kansas Employment LawKansas, like every other State in the Union, has laws that must be followed to ensure the proper process of hiring potential employees. No company manager wants to have a lawsuit filed against them by a person that did not get a job. In order to protect both parties in the job negotiation process, guidelines have been established and they must be

State versus Federal Systems

876 words - 4 pages will discuss this decision in detail and the potential impact of this decision involved in other current events.There is a somewhat interesting relationship between the State and Federal systems of reporting discrimination. Although the case decision rests ultimately with the federal court system, a case must first be filed with the appropriate state government if applicable. This means that if the state the act of discrimination takes place in

MGT 434 Employment Law State and Federal Systems

1817 words - 7 pages The law can be tricky business, and labor laws are no exception. Complying with federal regulations does not necessarily mean you are complying with those instituted at the state level, nor vice versa. Most states default to the federal wage and hour regulations, but several states have their own set of provisions. When state regulations differ from The Fair Labor Standards Act (FLSA) regulations, employers must comply with whichever law is more

State and Federal Systems: Employement Law general regulations

1173 words - 5 pages State and Federal Systems PAGE \* Arabic 1 Federal and State employment laws follow the same basis for all employees. States can and some do have laws in addition to the federal laws that are in place. There is the Federal Labor Standards Act, which includes minimum age and wage/hour laws, child labor and equal pay laws. Additionally employees are covered by Title VII Civil Rights Act, Age Discrimination Act, Pregnancy Discrimination Act

Comparison of the paleo and keto diets - Cleveland State Community College - Compare and Contrast

717 words - 3 pages Robert Griffin Composition 1 – 700 Compare and Contrast March 21, 2018 Paleo Vs. Keto With the New Year come new resolutions. One of the most common New Year resolutions is to lose weight. In order to achieve this goal, people turn to dieting and with countless diets to choose from, how do we pick just one? Two diets that have been popular among the fitness community recently are the Ketogenic Diet and the Paleo Diet. While the Ketogenic Diet

Describe how the federal and state systems of government differ in regards to employment laws. Provide one example of a protection that is provided by the state system, but not the federal

1165 words - 5 pages In the United States of America there is not a single U.S. court system. Every State located in the U.S. has their own individual court system to handle the criminal and civil cases that are brought to court within the state. Outside of the State court systems there is the federal government court system. This court system is designed to hear and judge cases that involve issues governed by the federal laws and/or the U.S. Constitution. The

The Supreme Court and its effects on the balance of power between federal and state. (McCullogh v Maryland, Lochner v NY, Nebbia v NY) The role of Supreme Court in relation to federalism

2020 words - 8 pages political honesty. Often times, it has been claimed that some interpretations of the Constitution by the Supreme Court Justices has caused states to be intruded by federal power. Other times, the interpretations of the Constitution have been used to benefit the state if and only if there has been a compelling interest to the state. Certain situations and certain time periods may bring about a more loose or strict interpretation of the Constitution

Differences of Federal and State Regulation

1304 words - 5 pages shared in part by the state and federal government when the state has adopted a 706 agency to respond to federal EEOC complaints. According to Supreme Court of the United States, if a 706 agency relationship exists within a particular state, the plaintiff must first submit the complaint to the 706 agency for attempted resolution and the EEOC defers its involvement for a period of 60 days after the complaint is filed. An example of how state law

Federal and unitary systems of government

1168 words - 5 pages and Breslin describe this as system of "quasi-federalism within a frame of a unitary state3,"In order to analyse the differences and similarities between federal and unitary systems of government we must look at the relationships that take place between central and state governments. Within federalism there are two crucial points that explain the dependence and interdependence that exists between central and state government. Dual federalism, no

Similar Essays

State And Federal Systems Essay

840 words - 3 pages In the United States of America there is not a single U.S. court system. Every State located in the U.S. has their own individual court system to handle the criminal and civil cases that are taken to court within the state. Outside of the State ran court systems there is the federal government court system. This court system is designed to try the cases that involve issues governed by the federal laws or the U.S. Constitution. The employment

State And Federal Systems Essay

665 words - 3 pages employer or employee may find within employment contracts." There is somewhat an interesting relationship between the State and Federal systems reporting discrimination. Although the case decision rests ultimately with the federal court systems, a class, like the gay community, cannot seek proper protection for their rights from a state government would signal that many other laws currently on the books protecting other groups of people may

State And Federal Systems Essay 881 Words

881 words - 4 pages There are two distinct court systems in the United States, the state court system and the federal court system. Each state has a legislative and court system to set rules and determine resolutions to dispute. The laws and decisions of those states apply specifically to that state only. The federal system however has jurisdiction to make law and find resolution across all states.The U.S. Equal Employment Opportunity Commission (EEOC) enforces

State And Federal Systems Essay 1066 Words

1066 words - 4 pages University of PhoenixMGT/434February 13, 2006This paper will look at the similarities and differences in the way the federal and state systems of government apply employment laws. The state can create as many laws for employment as long as they do not specifically conflict with the federal laws.The Constitution divides powers between state and federal governments. However, if a state law conflicts with a federal law, the federal law takes