history, structure and function of the american legal system 1 unt in partnership with tea,...

History, Structure and Function of the American

Legal System

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UNT in partnership with TEA, Copyright ©. All rights reserved.

Court Systems and Practices

Vocabulary

JurisdictionThe authority of a court to hear and decide

cases within an area of the law or a geographical territory

AppealA review of lower court proceedings by a

higher court

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History of the Federal Court System


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Article III of the U.S. Constitution Established a federal court system Created by Congress on Sept 24th, 1789

Judiciary Act of 1789 Passed by Congress Established 13 courts (1 for each of the original

states)Since 1789

Numerous Judiciary Acts passed that continue to define the American Court System

The Supreme Court originally had 6 justices

Structure of the Federal Court System


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Begins with the Magistrate CourtEnds with the Supreme Court

Supreme Court Appellate Courts Trial Courts



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Magistrate Courtso Created by the Federal Magistrate’s Act of

1968

Trial CourtsoAlso called U.S. District Courtso95 U.S. District Courts covering the

United States and its territories



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Court of Appeals Also known as Appeals Court, Appellate

Court, and Circuit Courts 13 U.S. circuit courts Over 165 federal courts of appeals judges Does NOT conduct a jury trial Consists of a panel of judges, usually 3



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U.S. Supreme Court Highest court in the United States Consists of 9 justices Decisions are final and CANNOT be overruled

Function of the Federal Court System


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Magistrate Courts Try Class A misdemeanors and petty offences Perform duties such as issuing warrants,

arraignments, etc.

Trial Courts Hear both criminal and civil cases Majority of cases are civil



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Court of Appeals1. Hear appeals from the U.S. District

Courts2. The defendant can appeal their case

based on a claim that: They were denied a fair trial OR The law they were convicted under was

unconstitutional



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Court of Appeals (continued)3. The court is to determine:

If the district judge made a judicial error If the error should have substantially

affected the court’s decision If the answer is “no” to both questions

The appeal is dismissed If the answer is “yes” to one of the

questions The court will review the appeal and issue a

ruling



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U.S. Supreme Court Only agrees to decide cases where there is

A split of opinion among the courts of appeal OR

An important constitutional question or issue of federal law needs to be clarified

Decides which cases it will hear Legally mediates for lawsuits

Between states AND Between the United States and foreign

countries



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U.S. Supreme Court (continued) Final authority for legal opinions binding

on the federal government The lower courts have to fall in line with

that ruling



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U.S. Supreme Court (continued) The Court MUST review cases when:

A federal court has held an act of Congress to be unconstitutional

A U.S. Court of Appeals has found a state statute to be unconstitutional

A state’s highest court of appeals has ruled a federal law to be unconstitutional

An individual’s challenge to a state statute on federal constitutional grounds is upheld by a state’s highest court of appeals

History of the State Court System


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1836- the Texas Supreme Court was established after the Texas Revolution

1845- the Supreme Court was restructured1850- the offices of the Supreme Court were filled by elections

1876- the Court of Appeals was created to deal with criminal cases and relieve the case load of the Supreme Court; later renamed the Court of Criminal Appeals

1980- the Courts of Civil Appeals, renamed Courts of Appeals; designed to relieve the Court of Criminal Appeals caseload

Structure of the State Court System


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Begins with the Justice or Municipal Courts

Ends with the Texas Supreme Court or the Court of Criminal Appeals

Texas Supreme Court or Court of Criminal Appeals

Courts of Appeals District Courts County Courts Justice Courts or Municipal Courts



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Justice or Municipal Courts 821 Justice Courts with 821 judges 913 Municipal Courts with 1,458 judges



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County Courts 499 courts

254 constitutional county courts 227 statutory county courts 18 statutory probate courts

District Courts 449 courts

449 judges 352 districts (cover one county) 97 districts (cover more than one county)



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Court of Appeals 14 courts 80 justices

Texas Supreme Court and the Court of Criminal Appeals

Have only 9 justices

Function of the State Court System


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Justice Courts Handle crimes that are punishable by

fine only Handle civil issues

Issuing marriage licenses Settling small claims suits

Municipal Courts Handle crimes that are punishable by

fine only

Function of the State Court System


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County Courts Constitutional County Courts

Have appellate jurisdiction over the justice and municipal courts

Preside over Class A and Class B Misdemeanors

Deal with civil trials involving “moderate” amounts of money

Statutory County Courts and Statutory Probate Courts

These courts deal with civil matters.



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District Courts Judges must be licensed attorneys. Have original jurisdiction over felony cases Deal in civil disputes between $200-$500,

and cases dealing with divorce, title to land, and contested elections

Court of Appeals Have intermediate appellate jurisdiction in

criminal and civil cases



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Texas Supreme Court and Texas Court of Criminal Appeals

Texas Supreme Court Has final appellate jurisdiction in civil cases Responsible for licensing attorneys and

attorney discipline Texas Court of Criminal Appeals

Has final appellate jurisdiction in criminal cases

Resources

Outline of the U.S. Legal System, Bureau of International Information Programs,

United States Department of State, 2004, http://www.america.gov/media/pdf/books/legalotln.pdf


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http://www.america.gov/media/pdf/books/legalotln.pdf

history, structure and function of the american legal system 1 unt in partnership with tea,...

Documents

court of appeals

appeals court

federal court system

supreme court highest

higher court

court systems

american court system

magistrate court ends