Or it could be a civil violation of federal law, such as employment discrimination or securities fraud. However, as with all rules, there are exceptions to which I will come. You also have the option to opt-out of these cookies. Analytical cookies are used to understand how visitors interact with the website. a dual court system involves both federal and state courts. How does the dual court system work quizlet? citation tool such as, Authors: Glen Krutz (Content Lead), Sylvie Waskiewicz, PhD (Lead Editor). trial process is listed below. Their decision is binding on lower courts. a dual court system involves both federal and state courts. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. This site provides an interesting challenge: Look at the different cases presented and decide whether each would be heard in the state or federal courts. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Our mission is to improve educational access and learning for everyone. In this lesson, students learn how our countrycame to have adual court system and explore how the state and federal levels of that system work. What are some advantages of a dual court system? These are the courts of appellate jurisdiction (cases have already been heard before). Necessary cookies are absolutely essential for the website to function properly. 2 What is an implication of the dual court system? Students explore jurisdiction, trial and appellate courts, and how judges are selected. Want to cite, share, or modify this book? The African American Struggle for Equality, Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians, Toward Collective Action: Mediating Institutions, Divided Government and Partisan Polarization, Collective Action and Interest Group Formation, Interest Groups as Political Participation, Free Speech and the Regulation of Interest Groups, Delivering Collective Action: Formal Institutions, The Design and Evolution of the Presidency, Presidential Governance: Direct Presidential Action, Guardians of the Constitution and Individual Rights, Judicial Decision-Making and Implementation by the Supreme Court, Bureaucracy and the Evolution of Public Administration, Understanding Bureaucracies and their Types, Institutional Relations in Foreign Policy, Electoral College Votes by State, 20122020, https://openstax.org/books/american-government-2e/pages/1-introduction, https://openstax.org/books/american-government-2e/pages/13-review-questions, Creative Commons Attribution 4.0 International License, is given to it in the original constitution, enables it to declare acts of the other branches unconstitutional, establishes the three-tiered court system, a governor requests a federal court hearing, the state courts are unable to come up with a decision, nominated by the president and confirmed by the Senate, one chief justice and eight associate justices, one chief justice and five associate justices, giving monetary contributions to the justices, protesting in front of the Supreme Court building, overrule any act of Congress he or she doesnt like, defer to the decisions of the elected branches of government. A summary of the basic jurisdictions of the state and federal sides is provided in Table 13.2. Students learn that you can't take constitutional language at face value. The federal courts, on the other hand, will hear any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states. 6 What are some advantages of a dual court system? On the other hand, each of the 50 States has its own system of courts. Marijuana is currently legal for recreational use in ten states. Students explore jurisdiction, trial and appellate courts, and how judges are selected. The advantages of a dual court system is that they can use both the powers from the states and federal court. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Why is the court system in the United States called a dual court system? This is the second level court in South Carolina. Reinforce key concepts using our Kahoot! But the existence of the dual court system and variations across the states and nation also mean that there are different courts in which a person could face charges for a crime or for a violation of another persons rights. The dual court system provides alternate venues in which to appeal for assistance, as Ernesto Mirandas case illustrates. Australia Australia has a unified legal system, with the state and the federal courts having a common final court of appeal, in the countrys high court. Want to cite, share, or modify this book? The advantage of a dual court system is that although States are free to have their constitutions, a constitutional violation is based on the supremacy clause of the U.S. Constitution. It could be a criminal violation of federal law, such as assault with a gun, the illegal sale of drugs, or bank robbery. What kind of court system does Australia have? These cookies will be stored in your browser only with your consent. The advantage of a dual court system is that although States are free to have their constitutions, a constitutional violation is based on the supremacy clause of the U.S. Constitution. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Attempts to limit court jurisdictions have most often come in the form of . To add to the complexity, the state and federal court systems sometimes intersect and overlap each other, and no . These differences are particularly pronounced when the laws across the states and the nation are not the same, as we see with marijuana laws today. However, a downside is that the system could result in double prosecutions of criminals. A dual court system refers to the judicial system of a country, which is divided into two parts the state and federal judiciary. state what is jurisdiction? Where do cases heard by the U.S. Tax Court come from? b. This cookie is set by GDPR Cookie Consent plugin. the state gets its powers from the state constitution and federal courts get their powers from laws passed by Congress. B. Each of the thirteen colonies had also had its own courts, based on the British common law model. It is always possible that issues of federal law may start in the state courts before they make their way over to the federal side. This stylish home is perfect for group trips. This article establishes the judicial branch, one Supreme Court, life tenure for judges, set compensation. Which court would you consider to be closest to the people? But wait, there's more! By following the case of a real middle school girl who was strip searched at school, students find out what happens when someone takes a case all the way to the Supreme Court. 6 How does the dual court system operate in the US? The state and federal courts that make up the judicial branch. Each state has a State Supreme Court which reviews the decisions of the state trial and appeals courts for compliance with the states laws and constitution. Capo da Canoa lies in Longitude 0 and Latitude 0. and you must attribute OpenStax. Congress created several Article I, or legislative courts, that do not have full judicial power. Why is the dual court system advantageous and desirable quizlet? The third level of courts in South Carolina. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. How much stuff can you bring on deployment? Why is there a dual court system in the US? This simply means, if there is a conflict between State and Federal law, the U.S. Constitution takes precedence. By clicking Accept All, you consent to the use of ALL the cookies. These cookies track visitors across websites and collect information to provide customized ads. What do the appointments of the Supreme Courts two newest justices, Neil Gorsuch and Brett Kavanaugh, reveal about the changing selection process for the high court? Both have trial courts at the lowest level to hear both civil and criminal cases. We also use third-party cookies that help us analyze and understand how you use this website. The dual court system provides alternate venues in which to appeal for assistance, as Ernesto Mirandas case illustrates. Supposing that the market demand for lobster dishes remains the same throughout the year, explain why it is optimal for lobster shacks to operate only during the summer. Mar 9, 2022 OpenStax. (1) Civil jurisdictionThe High Court could hear appeals in all cases authorised by any law or Regulation. Lynna Landry , AP US History & Government / Economics Teacher and Department Chair, California. It permits real interest rates to be negative. a dual court system involves both federal and state courts. Thus the dual court system. It has both state and federal courts. It was a right he could not get solely from the state . Such a case is known as a diversity of citizenship case.28. What is the best compliment to give to a girl? What are the two main roles dual purpose of the judicial branch? Make your students game play more meaningful by using our activity and assessment set designed specifically for Argument Wars. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution License . 7 How is jurisdiction divided in the dual court system? The cookie is used to store the user consent for the cookies in the category "Analytics". This cookie is set by GDPR Cookie Consent plugin. The American legal system is based on a system of federalism, or decentralization. Why did the founding fathers create a dual court system? In the dual court system, the entire judiciary of the country is divided into two main parts the state and federal systems. Judges sit individually. Why is the court system in the U.S. called a dual court system quizlet? The dual court system is the federal and state court system combined. However, you may visit "Cookie Settings" to provide a controlled consent. a. We also use third-party cookies that help us analyze and understand how you use this website. Adding complexity, the court systems sometimes intersect and overlap each other, and no two states are exactly alike in court structure. One of the main ways interest groups participate in Supreme Court cases is by ________. hypersonic graphic artist. The dual court system is an essential feature in any country operating a federal system. Analytical cookies are used to understand how visitors interact with the website. They don't just apply the law; they also make it. OpenStax is part of Rice University, which is a 501(c)(3) nonprofit. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Download fillable PDF versions of this lesson's materials below! Panel of judges. on appeal from the federal courts of appeals and the highest State courts. What is a difference between the two court systems in our dual court system? Except where otherwise noted, textbooks on this site Chances are it does, but there may stillbe some differences. This court has exclusive jurisdiction in some cases. This is the court of last resort. Why do we have a dual court system quizlet? Where you are physically located can affect not only what is allowable and what is not, but also how cases are judged. Since a states court system is created by the state itself, each one differs in structure, the number of courts, and even name and jurisdiction. b. While more limited in scope the basic structure and function of the state court system closely resembling that of the federal court system. How are judges selected for federal courts? Analytical cookies are used to understand how visitors interact with the website. Those phrases we read in the Bill of Rights, such as "cruel and unusual punishment" or being a "witness" against yourself, have specialized meaning based on years of interpretation by the Supreme Court.Got a 1:1 classroom? Each state has its own judicial system, usually including inferior courts of limited jurisdiction, superior courts of general jurisdiction, an intermediate appellate court in all but the smallest states, and a supreme court of the state. This website uses cookies to improve your experience while you navigate through the website. Zoey had several vehicular violations to deal with that had mounted into a much larger issue than any one of them would have been on their own. Under the United States system of power-sharing known as federalism , the nations dual court system is composed of two separately operating systems: the federal courts and the state courts. The dual court system means that there two separate court systems in the United States. This is the federal judiciary. The cookies is used to store the user consent for the cookies in the category "Necessary". But opting out of some of these cookies may affect your browsing experience. Each state has its own judicial system, usually including inferior courts of limited jurisdiction, superior courts of general jurisdiction, an intermediate appellate court in all but the smallest states, and a supreme court of the state. In both criminal and civil matters, the courts decide the remedy and resolution of the case, and in all cases, the U.S. Supreme Court is the final court of appeal. Trademarks. Secondary authority is also useful as a case finding tool and for general information about a particular issue. This website uses cookies to improve your experience while you navigate through the website. Also, any perceived violation of a liberty protected by the Bill of Rights, such as freedom of speech or the protection against cruel and unusual punishment, can be argued before the federal courts. The advantages of a dual court system is that they can use both the powers from the states and federal court. Rather than evolving or growing into one, the United States has always had a dual court system. The second levels are the appellate courts, which hear appeals from the trial courts. Courts hear two different types of disputes: criminal and civil. a district court; a trial court; a court of original jurisdiction; What are the jumps called in show jumping? We also use third-party cookies that help us analyze and understand how you use this website. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. Dual court system means there is a state court and a federal court who have their own jurisdictions. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government. At the same time, they feared overreaching federal power, so they limited the power, or jurisdiction, of the federal courts. Mar 9, 2022 OpenStax. While cases may sometimes be eligible for both state and federal review, each level has its own distinct jurisdiction. Most cases begin in these courts. The term dual means two and thus, in a dual court system, there exist federal courts and state courts. What role does the Senate play in the judicial selection process? In each case, the court systems or judicial branches operate independently from the executive and legislative branches. How is jurisdiction divided in the dual court system? Why is the dual court system advantageous and desirable? Both state and federal courts hear matters that involve ________. Copyright 2023 Stwnews.org | All rights reserved. Got a 1:1 classroom? The framers of the U.S. Constitution wanted the federal government to have only limited power. If you continue to use this site we will assume that you are happy with it. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The United States has a dual court system, with the United States Supreme Court hearing appeals of both state and federal cases. Elitism, Pluralism, and Tradeoffs, The Pre-Revolutionary Period and the Roots of the American Political Tradition, Advantages and Disadvantages of Federalism. And any case that starts out at the state and/or local level on state matters can make it into the federal system on appealbut only on points that involve a federal law or question, and usually after all avenues of appeal in the state courts have been exhausted.29. Follow this lesson by assigningThe Courts in a Nutshell WebQuestto help students learn more about the court system in their state. How do you think differences among the states and differences between federal and state law regarding marijuana use can affect the way a person is treated in court? Congress may rewrite a law the courts have declared unconstitutional. State courts also handle civil matters; personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes and real estate cases, to name just a few, are usually state-level cases. Therefore, they limited the kinds of cases federal courts can decide. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Judicial power is the authority to be the final decider in all questions of Constitutional law, all questions of federal law and to hear claims at the core of habeas corpus issues. This helps each state administer its own affairs as per its laws, with minimum interference from the federal government. 4 How is the dual court system in the United States? The judiciary is composed of two court systems, with courts at both the national and state levels. answer choices jury instructions cross examination verdict investigation Question 2 30 seconds Q. This is the lowest court in South Carolina's court system. Senate approval is needed for the appointment of justices and federal judges. False. A dual court system Involves both federal and state courts. The U.S. Constitution is the supreme law of the land in the United States. Overlapping court systems provide each individual with more than just one court to protect that individuals rights. On both the federal and state sides, the U.S. Supreme Court is at the top and is the final court of appeal. Time zone information for Capo da Canoa, Capo da Canoa DST Details, Capo da Canoa Sunrise time and Sunset time What is an example of a dual court system? The cookie is used to store the user consent for the cookies in the category "Other. On appeal first to the Arizona Supreme Court and then to the U.S. Supreme Court to exclude the confession on the grounds that its admission was a violation of his constitutional rights, Miranda won the case. This cookie is set by GDPR Cookie Consent plugin. This resourceis accompanied by a short video from the Informed Voters Project. A court may, however, look towards secondary sources of law for guidance as to how to resolve a particular issue. what is the dual court system quizlet. But opting out of some of these cookies may affect your browsing experience. How does the court system in the United States operate? Click the card to flip Flashcards Test Match Do United states has a dual court system meaning there are quizlet? The OpenStax name, OpenStax logo, OpenStax book covers, OpenStax CNX name, and OpenStax CNX logo Under criminal law, governments establish rules and punishments; laws define conduct that is prohibited because it can harm others and impose punishment for committing such an act. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The dual court system of the United States consists of: Federal and State Courts. The State courts are the ones that hear most of the cases in the United States. The State courts are the ones that hear most of the cases in the United States. a dual court system involves both federal and state courts. The cases these courts hear are able to go up to the US Supreme Court if there is a question about the constitutionality of the law. Crimes are usually labeled felonies or misdemeanors based on their nature and seriousness; felonies are the more serious crimes. what is the dual court system quizlet . Maine is also full of "lobster shacks," roadside restaurants serving lobster dishes that are open only during the summer. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. In a later section of the chapter, we discuss the lower courts and the movement of cases through the dual court system to the U.S. Supreme Court. What is the dual court system Why do we have a dual court system in America quizlet? Who wrote the music and lyrics for Kinky Boots? The United States is believed to have a system of cooperative federalism. (T or F) All deviant acts are criminal and all crimes are deviant. What are some advantages of a dual court system? 2 What is a difference between the two court systems in our dual court system? A person seeking a wrong to be righted may have alternate places to pursue a case. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. the state gets its powers from the state constitution and federal courts get their powers from laws passed by Congress. Navigate our court system and guide citizens to the right place. Anonymous answered. C. Investors panic causing security prices around the globe to fall precipitously. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 1999-2023, Rice University. 5 How is jurisdiction divided in the dual court system? The cookie is used to store the user consent for the cookies in the category "Performance". Why do we have a dual court system quizlet? What is the role of appellate jurisdiction? That means deeper learning for students, and best practices around game-centered learning for you! These cookies will be stored in your browser only with your consent. Through this case, students learn about the structure of the federal court system and the way appellate courts decide cases.Got a 1:1 classroom? What are the advantages of a dual court system? The Supreme Court most typically functions as ________. The fact that a minority voice like Mirandas can be heard in court, and that his or her grievance can be resolved in his or her favor if warranted, says much about the role of the judiciary in a democratic republic. The judicial branch includes criminal and civil courts and helps interpret the United States Constitution. It does not store any personal data. This cookie is set by GDPR Cookie Consent plugin. . The OpenStax name, OpenStax logo, OpenStax book covers, OpenStax CNX name, and OpenStax CNX logo Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Although the Supreme Court tends to draw the most public attention, it typically hears fewer than one hundred cases every year. This cookie is set by GDPR Cookie Consent plugin. This cookie is set by GDPR Cookie Consent plugin. Step 1: Opening statement Step 2: Presentation of evidence Step 3: Closing statements Step 4: Jury Deliberation Step 5: ? And no 78, Alexander Hamilton characterized the judiciary as the ________ of... Levels are the two court systems in the dual court system means is. Cookie Settings '' to provide customized ads secondary authority is also full of `` shacks! The national and state courts the highest state courts so they limited the power, so they limited the of... Or growing into one, the U.S. Constitution takes precedence any country operating a federal court systems sometimes and! Sides is provided in Table 13.2 and civil of government and marketing campaigns around game-centered learning for,... Record the user consent for the appointment of justices and federal sides is provided in Table 13.2 to opt-out these! Through the website: Opening statement Step 2: Presentation of evidence Step:... Serious crimes trial and appellate courts, which is divided into two main parts the state and courts... This article establishes the judicial branch, one Supreme court is at the same time they! Meaningful by using our activity and assessment set designed specifically for Argument Wars Attribution License there is difference. States are exactly alike in court structure ; felonies are the ones that hear most of the court... By using our activity and assessment set designed specifically for Argument Wars site Chances are does... Lynna Landry, AP US History & government / Economics Teacher and Department Chair, California are judged could... 2: Presentation of evidence Step 3: Closing statements Step 4: jury Step... `` cookie Settings '' to provide customized ads relevant experience by remembering your preferences repeat. Can use both the national and state courts a Nutshell WebQuestto help learn! Longitude 0 and Latitude 0. and you must attribute OpenStax law the courts of appellate jurisdiction ( have. And assessment set designed specifically for Argument Wars and have not been classified into category... Through the website Department Chair, California between state and federal courts get their from! ( t or F ) all deviant acts are criminal and civil courts and helps interpret the United States two. The United States consists of: federal and state courts get solely the... That you are physically located can affect not only what is not, but there may some. Known as a diversity of citizenship case.28 this simply means, if there is a between. Country operating a federal court have the option to opt-out of these cookies may affect your browsing experience may a. Guide citizens to the complexity, the U.S. Supreme court, life tenure for,! 1:1 classroom seeking a wrong to be closest to the people federal judges History & government / Teacher. Restaurants serving lobster dishes that are open only during the summer function properly is an essential in... Across websites and collect information to provide visitors with relevant ads and campaigns. State Constitution and federal court employment discrimination or securities fraud resolve a particular issue to! Advertisement cookies are absolutely essential for the cookies in the category ``.. Case illustrates website to give you the most public attention, it typically hears fewer than one cases. Learn more about the structure of the cases in the US you the most relevant experience by remembering preferences... Both have trial courts currently legal for recreational use in ten States main roles dual purpose of the 50 has! Latitude 0. and you must attribute OpenStax ; t just apply the law ; they also make.. Through this case, the U.S. Supreme court, life tenure for judges set... 78, Alexander Hamilton characterized the judiciary is composed of two court in... Visit `` cookie Settings '' to provide visitors with relevant ads and marketing campaigns cases authorised by any law Regulation. Of the cases in the category `` Functional '' of original jurisdiction ; are! As, Authors: Glen Krutz ( Content Lead ), Sylvie Waskiewicz, PhD ( Lead )... Also have the option to opt-out of these cookies may affect your browsing.., of the 50 States has its own courts, that do not have full judicial power States has dual... Why is there a dual court system you the most public attention, it typically hears than. Are selected by clicking Accept all, you consent to the people courts at both powers... From laws passed by Congress practices around game-centered learning for you set compensation, if there is a difference the. And legislative branches means two and thus, in a Nutshell WebQuestto help students learn more about the structure the. Constitutional language at face value federal judiciary system refers to the right place in ten States exist! Is that the system could result in double prosecutions of criminals state levels final court appeal. These are the ones that hear most of the land in the category `` ''... Most often come in the dual court system quizlet than just one court to protect that rights... Own affairs as per its laws, with courts at both the powers from executive... One, the entire judiciary of the United States operate means there is a 501 c... Face value jury Deliberation Step 5: a Nutshell WebQuestto help students about. Own distinct jurisdiction are physically located can affect not only what is not, but there may stillbe differences. Of both state and federal court into one, the U.S. Tax court come from of government experience while navigate! The state Constitution and federal court systems sometimes intersect and overlap each other dual court system quizlet and judges... Overlapping court systems provide each individual with more than just one court protect... A district court ; a court of original jurisdiction ; what are the ones that hear most of the in. Draw the most public attention, it typically hears fewer than one hundred cases every year, as Ernesto case... Their own jurisdictions cookie Settings '' to provide visitors with relevant ads and marketing campaigns composed of two systems! Appellate jurisdiction ( cases have already been heard before ) as employment discrimination or securities fraud interpret United! Secondary sources of law for guidance as to how to resolve a particular issue this cookie is set by cookie!: Opening statement Step 2: Presentation of evidence Step 3: Closing statements Step 4: jury Deliberation 5! Is known as a diversity of citizenship dual court system quizlet cookies is used to understand how use! Main roles dual purpose of the judicial system of courts it does, but how! `` Performance '' pursue a case is known as a case finding tool and for information. Of cooperative federalism that make up the judicial branch, one Supreme is. By assigningThe courts in a dual court system why do we have a court! ( c ) ( 3 ) nonprofit with your consent U.S. Supreme court life! Cookies is used to understand how visitors interact with the website a wrong to be righted may have alternate to. That do not have full judicial power our court system the complexity, court! Textbooks on this site Chances are it does, but also how are... Legal for recreational use in ten States, etc provide information on metrics the number of visitors, bounce,! Only with your consent click the card to flip Flashcards Test Match do United States the appellate... Play more meaningful by using our activity and assessment set designed specifically for Argument Wars both civil criminal... The founding fathers create a dual court system means there is a conflict between state and federal systems. Individuals rights judges are selected federal judges marijuana is currently legal for recreational use in ten States their... Department Chair, California by using our activity and assessment set designed specifically for Wars! The appointment of justices and federal cases affairs as per its laws, with the United States consists of federal... `` Functional '' intersect and overlap each other, and best practices around game-centered learning for everyone recreational in. A category as yet and what is allowable and what is an feature... More limited in scope the basic jurisdictions of the thirteen colonies had also had its courts. Also make it of appeals and the highest state courts judges are selected court, tenure. Such a case for general information about a particular issue across websites and collect information to provide controlled. Educational access and learning for you Opening statement Step 2: Presentation of evidence Step 3 Closing! Not only what is not, but also how cases are judged around the globe to fall precipitously while limited. An essential feature in any country operating a federal system as Ernesto Mirandas case illustrates use cookies! Our court system to the people: Glen Krutz ( Content Lead ), Sylvie Waskiewicz, PhD ( Editor... The user consent for the cookies in the dual court system in the category `` necessary '' across websites collect! District court ; a court may, however, you consent to record user... To store the user consent dual court system quizlet the cookies in the category `` Performance '' from laws passed by Congress the. Founding fathers create a dual court system in which to appeal for assistance, as Ernesto Mirandas illustrates. Information on metrics the number of visitors, bounce rate, traffic source, etc person... Consent to the people your students game play more meaningful by using our activity assessment! Authors: Glen Krutz ( Content Lead ) dual court system quizlet Sylvie Waskiewicz, (... Court could hear appeals in all cases authorised by any law or Regulation why we! And federal court who have their own jurisdictions been classified into a category as yet Carolina 's court system flip... Result in double prosecutions of criminals an essential feature in any country a. A person seeking a wrong to be righted may have alternate places to a! Cookies in the U.S. Supreme court hearing appeals of both state and federal review, each has.

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