Structure and Function of the American Legal System

Court Systems and Practices
1
History, Structure and Function
of the American Legal System
2
Copyright and Terms of Service
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Civil Law vs. Criminal Law
3
● What is the difference?
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Civil Law vs. Criminal Law
4
● Civil Law- deals with harm done to another that is
not criminal.
● Plaintiff- the party that brings the suit to court
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Vocabulary
5
Appeal-A review of lower court proceedings by a
higher court
Original Jurisdiction- The first court to hear and
render a verdict regarding the charges against the
defendant
Appellate Jurisdiction- the power of a court to
review decisions and change outcomes of decisions of
lower courts
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Structure of the Federal Court System
6
● Begins with the Magistrate Court
● Ends with the Supreme Court
• Supreme
Court
• Appellate Courts
• District Courts
• Magistrate Courts
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Structure of the Federal Court System
7
● Magistrate Courts
Federal lower court with powers limited to setting bail and
assisting district courts with various legal matters.
● District Courts
o Also called Trial Courts
o Have original jurisdiction for all federal
trials in the U.S.
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Structure of the Federal Court System
8
● Court of Appeals
○ Also known as Appeals Court, Appellate Court, and
Circuit Courts
○ Consists of a panel of 3 judges
○ Hears appeals from U.S. district courts and
determines if a judicial error was made that could
have substantially affect the courts decision.
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Discuss
9
● What are some examples of Judicial Error?
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Structure of the Federal Court System
10
● U.S. Supreme Court
○ Highest court in the United States
○ Consists of 9 justices
○ Decisions are final and CANNOT be overruled
○ The lower courts have to fall in line with that ruling
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Function of the Federal Court System
11
● 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
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Structure Federal Court System.
12
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Structure of the State Court System
13
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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Function of the State Court System
14
● Justice of the Peace Courts
○
Handle crimes that are punishable by fine only
○
Handle civil issues
•
Issuing marriage licenses
•
Settling small claims suits
● Municipal Courts
Exclusive original jurisdiction over the
municipal ordinance criminal cases
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Function of the State Court System
15
● 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
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Structure of the State Court System
16
District Courts
●
○
Have original jurisdiction over felony cases
Court of Appeals
●
○
Have appellate jurisdiction in criminal and civil
cases
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Structure of the State Court System
17
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
18
● 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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