1. History, Structure and Function of the American Legal System 1 Court Systems and Practices

2. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2 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.TEA Copyrights

3. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Vocabulary Jurisdiction 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 3

4. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. History of the Federal Court System 4 Article III of the U.S. Constitution  Established a federal court system  Created by Congress on Sept 24 th, 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

5. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the Federal Court System 5 Begins with the Magistrate Court Ends with the Supreme Court  Supreme Court  Appellate Courts  Trial Courts

6. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the Federal Court System 6 Magistrate Courts o Created by the Federal Magistrate’s Act of 1968 Trial Courts o Also called U.S. District Courts o 95 U.S. District Courts covering the United States and its territories

7. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the Federal Court System 7 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

8. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the Federal Court System 8 U.S. Supreme Court  Highest court in the United States  Consists of 9 justices  Decisions are final and CANNOT be overruled

9. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 9 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

10. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 10 Court of Appeals 1.Hear appeals from the U.S. District Courts 2.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

11. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 11 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

12. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 12 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

13. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 13 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

14. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the Federal Court System 14 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

15. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. History of the State Court System 15 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

16. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 16 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

17. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 17 Justice or Municipal Courts  821 Justice Courts with 821 judges  913 Municipal Courts with 1,458 judges

18. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 18 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)

19. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 19 Court of Appeals  14 courts  80 justices Texas Supreme Court and the Court of Criminal Appeals  Have only 9 justices

20. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the State Court System 20 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

21. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Function of the State Court System 21 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.

22. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 22 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

23. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Structure of the State Court System 23 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

24. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 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 http://www.america.gov/media/pdf/books/legalotln.pdf 24