Jurisdiction 3: Original & Appellate

Major Classes of Jurisdiction Legislative jurisdiction –Congressional (Federal) –State –Municipal Executive Jurisdiction –Administrative –Regulatory Judicial Jurisdiction –Civil v. Criminal –General v. Limited –Federal v. State –Original v. Appellate

Types of Judicial Jurisdiction Original –Power to hear a case being heard the first time –Legal rules of procedure Civil procedure Criminal due process –Hearing witnesses –Viewing material evidence –Examining documentary evidence –Judge oversees procedure –Jury evaluates evidence, unless right to jury trial is waived, resulting in a bench trial –Results in a verdict

Types of Judicial Jurisdiction Appellate –Not a new trial –Review of original case of the law as it was applied in the original trial of record of the original proceedings of court briefs –Appellate decisions based on law, not fact –Reversal is an indication of improper legal process in original trial –Appeals involve a waiving of right against retrial, because of the nature of procedural challenge –Types of appellate decisions Affirm –to let the trial verdict stand Reverse and render –to make its own binding decision Reverse and remand –to send the case back to the trial court

The Federal Court System United States District Courts Congressional Courts of Limited Jurisdiction United States Circuit Courts of Appeal Supreme Court of the United States Appeals from State and Tribal Courts invoking Federal Question

The Texas Court System Texas District Courts Constitutional County Courts & County Courts at Law Intermediate Courts of Appeal Texas Supreme Court (Civil) Texas Court of Criminal Appeals Justice of the Peace Municipal Court Probate Court