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

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Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Civil Law vs. Criminal Law What is the difference? 3

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Civil Law vs. Criminal Law Civil Law- deals with harm done to another that is not criminal. Plaintiff- the party that brings the suit to court 4

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Vocabulary 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 5

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

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

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

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Discuss What are some examples of Judicial Error? 9

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

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

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

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

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

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

Copyright © Texas Education Agency 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,