Jurisdiction: Federal Court vs. State Court Systems

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Presentation transcript:

Jurisdiction: Federal Court vs. State Court Systems Court Systems and Practices

Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1)  Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2)  Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3)  Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4)  No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.

Outline of the Federal Court System Magistrate Courts Trial Courts US District Courts US Bankruptcy Courts US Court of International Trade US Court of Federal Claims

Outline of the Federal Court System (continued) Appellate Courts US Court of Appeals for the Federal Circuit Circuit Court of Appeals US Supreme Court Other Federal Tribunals US Tax Courts Court of Veteran Appeals Military Courts Federal Administrative Agencies and Boards

Jurisdiction of the Federal Courts Magistrate Court – limited jurisdiction Trial Courts US District Courts General trial jurisdiction Both criminal and civil US Bankruptcy Courts – limited and exclusive jurisdiction US Court of International Trade – specialized jurisdiction US Court of Federal Claims – specialized jurisdiction

Jurisdiction of the Federal Courts (continued) US Court of Appeals for the Federal Circuit Intermediate appellate jurisdiction Reviews appeals from specialized courts Court of International Trade US Court of Federal Claims Nationwide geographical jurisdiction Circuit Court of Appeals Reviews appeals from US District Courts Circuit determined by geographic location of lower federal court 12 Regional Circuits

Jurisdiction of the Federal Courts (continued) US Supreme Court Court of last resort in the US Appellate jurisdiction over cases that deal with the Constitution or federal law US Supreme Court has discretion regarding which cases it will review Cases usually begin in state court or federal court Original and exclusive jurisdiction over: Proceedings against ambassadors or public ministers of foreign states; and All controversies between two or more states

Jurisdiction of the Federal Courts (continued) Other Federal Tribunals Military Courts Court of Veteran Appeals US Tax Court Federal Administrative Agencies and Boards

Outline of the State Court System (Texas) Justice of the Peace or Municipal Courts County Courts Constitutional County Courts Statutory County Courts at Law Statutory Probate Courts District Courts Courts of Appeals Texas Supreme Court and the Court of Criminal Appeals Other state tribunals State Office of Administrative Hearings State Agencies and Boards

Jurisdiction of the State Courts (Texas) Justice Courts Limited jurisdiction Original jurisdiction in Class C misdemeanor criminal cases that are punishable by fine only Civil matters not more than $10,000 Evictions (Landlord/Tenant law)

Jurisdiction of the State Courts (Texas) (continued) Municipal Courts Limited jurisdiction Misdemeanors with fines less than $200 Exclusive original jurisdiction over municipal ordinance violations Limited civil jurisdiction

Jurisdiction of the State Courts (Texas) (continued) County Courts Limited jurisdiction Constitutional County Courts Have appellate jurisdiction over the justice courts, municipal courts, and administrative hearings Preside over Class A and Class B Misdemeanors Original jurisdiction in civil cases from $200 to $10,000 Concurrent jurisdiction with justice of the peace and district courts in civil cases in which the amount in controversy is small

Jurisdiction of the State Courts (Texas) (continued) County Courts (continued) County Court at Law Created by Legislature to aid the single constitutional county court Legal jurisdiction varies Original, appellate, and concurrent jurisdiction are the same as Constitutional County Court Statutory Probate Courts Original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments Legislature grants authority to certain county courts

Jurisdiction of the State Courts (Texas) (continued) District Courts General and Special Jurisdiction Original jurisdiction All felony criminal cases Divorce cases Title to land cases Contested election cases Civil matters of $200 or more Juvenile matters

Jurisdiction of the State Courts (Texas) (continued) Courts of Appeals Intermediate appellate jurisdiction Both criminal and civil cases State of Texas Highest Appellate Courts Texas Supreme Court Final appellate jurisdiction in civil cases Final appellate jurisdiction in juvenile cases Texas Court of Criminal Appeals Final appellate jurisdiction in criminal cases

Resources Prentice Hall, Criminal Courts: Structure, Process, and Issues (2nd Edition), 2007, Dean John Champion, Richard D. Hartley, & Gary A. Rabe. http://www.courts.state.tx.us/ http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/structure-federal-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/understanding-federal-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/cases-federal-state-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/comparing-state-federal-courts.aspx http://www.courts.state.tx.us/pubs/court-overview.pdf http://www.courts.state.tx.us/pubs/AR2010/jud_branch/2a-subject-matter-jurisdiction-of-courts.pdf Outline of the US Legal System, Bureau of International Information Programs, United States Department of State, 2004, http://www.america.gov/media/pdf/books/legalotln.pdf