History, Structure and Function of the American Legal System Court Systems and Practices History, Structure and Function of the American Legal System UNT in partnership with TEA, Copyright ©. All rights reserved.

Vocabulary Jurisdiction Appeal The authority of a court to hear and decide cases within an area of the law or a geographical territory Appeal A review of lower court proceedings by a higher court UNT in partnership with TEA, Copyright ©. All rights reserved.

History of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the Federal Court System Begins with the Magistrate Court Ends with the Supreme Court Supreme Court Appellate Courts Trial Courts UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the Federal Court System Magistrate Courts Created by the Federal Magistrate’s Act of 1968 Trial Courts Also called U.S. District Courts 95 U.S. District Courts covering the United States and its territories UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the Federal Court System U.S. Supreme Court Highest court in the United States Consists of 9 justices Decisions are final and CANNOT be overruled UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System Court of Appeals Hear appeals from the U.S. District Courts 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System Court of Appeals (continued) 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the Federal Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

History of the State Court System 1836- the Texas Supreme Court was established after the Texas Revolution 1845- the Supreme Court was restructured 1850- 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System Justice or Municipal Courts 821 Justice Courts with 821 judges 913 Municipal Courts with 1,458 judges UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System 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) UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System Court of Appeals 14 courts 80 justices Texas Supreme Court and the Court of Criminal Appeals Have only 9 justices UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the State Court System Justice Courts Handle crimes that are punishable by fine only Handle civil issues Issuing marriage licenses Settling small claims suits Municipal Courts UNT in partnership with TEA, Copyright ©. All rights reserved.

Function of the State Court System 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. UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

Structure of the State Court System 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 UNT in partnership with TEA, Copyright ©. All rights reserved.

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