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Jurisdiction you say . .
Successful learning participation will result
in being able to …
Describe subject-matter and territorial jurisdiction
Distinguish differences in original, concurrent and
appellate jurisdiction
Discuss creating or altering jurisdiction by
ordinance or contract.
Jurisdiction defined . . .
Power and authority of a court to hear and
determine a judicial proceeding
Legal right by which Judges exercise
their authority
Constitutional or statutory parameters
based on subject matter or monetary
value of action
Basically…
A municipal court, including a court of
exclusive
original jurisdiction within
record, shall have
the municipality’s territorial limits and
property owned by the municipality located
in the municipality’s extraterritorial
jurisdiction in all criminal cases that arise
under :
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Ordinances of the municipality;
Resolution, rule, or order of a joint board
operating an airport under Section 22.074,
Transportation Code (Joint Board. Public
Agencies acting jointly for an airport);
AND
Punishable by a fine not to exceed $2,000.00 for
municipal ordinance, resolution, rule or order
involving fire safety, zoning, public health and
sanitation; or $500.00 in all other municipal
ordinance, resolution, rule or orders
Subject Matter Jurisdiction
Power to hear the type of case (nature of the
cause of action) that is before it
Limited Jurisdiction- Limited to the type or
dollar amount for which the court is
authorized to enter judgment
(IF a Municipal Court tried and rendered a verdict in a murder case, the verdict
is void… Why? ) Subject Matter Jurisdiction
Subject Matter Jurisdiction is
Granted in The Transportation
Code in these :
- General fine range $1.00 up to $200.00
– Construction Zone range $2.00 to
$400.00
– Passing stopped school bus $500.00 up
to2,000.00 (§545.066)
– CMV Oversize/weight $100.00 up to
$2,000.00 (§621.507, §622.017, §622.027 )
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Commercial Motor Vehicles
(Some fines up to $5,000.00)
Auto Dealerships
(Some fines up to $10,000.00)
Environmental
(Some fines up to $5,000.00)
City Ordinances
Some fines up to $500.00
Up to $2,000.00 if ordinance governs fire safety,
zoning, or public health and sanitation, including
dumping of refuse
(Local Govt. Code §29.003)
Territorial Jurisdiction
Within a particular geographical area
Limited to cases arising or persons residing
within a defined territory
City
County
Judicial district
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Extraterritorial Jurisdiction
Beyond the physical boundaries, but still
amenable to the laws
Concurrent Jurisdiction
Municipal Courts have concurrent
jurisdiction with justice court within the
municipality in all criminal cases which
arise within the territorial limits or property
owned by municipality or in the ETJ and
are punishable by a fine only
As a Magistrate
ALL Municipal Court Judges are Magistrates
(Art. 2.09 TCCP)
May issue Arrest Warrants
May issue orders to seize Cruelly Treated
Animals
May have hearings to determine the Disposition
of Cruelly Treated Animals
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Magistrates (Cont.)
May issue Search Warrants ***
What about “Blood Draws “ ?!
Stolen Goods, Contraband
May NOT conduct a Death or Fire Inquest
May set Bonds and admonish accused on
rights (at Jail)
BTW, There is Limited
CIVIL Jurisdiction
Municipal Court has civil
jurisdiction for the purpose of Bond
Forfeiture, Seizure/Disposition of
Cruelly Treated or Dangerous
Animals, and Red Light Camera
and Dangerous Animal Appeals
The
END