History, Structure and Function of the American
Legal System
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Court Systems and Practices
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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
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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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Structure of the Federal Court System
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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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Structure of the Federal Court System
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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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Structure of the Federal Court System
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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
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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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Function of the Federal Court System
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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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Function of the Federal Court System
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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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Function of the Federal Court System
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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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Function of the Federal Court System
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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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Function of the Federal Court System
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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
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History of the State Court System15
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
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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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Structure of the State Court System
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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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Structure of the State Court System
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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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Structure of the State Court System
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Court of Appeals 14 courts 80 justices
Texas Supreme Court and the Court of Criminal Appeals
Have only 9 justices
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Function of the State Court System20
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
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Function of the State Court System21
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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Structure of the State Court System
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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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Structure of the State Court System
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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
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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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