1. History, Structure and Function of the American Legal System
Court Systems and Practices
History, Structure and Function of the American Legal System
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2. Vocabulary Jurisdiction Appeal
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
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3. History of the Federal Court System
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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4. Structure of the Federal Court System
Begins with the Magistrate Court
Ends with the Supreme Court
Supreme Court
Appellate Courts
Trial Courts
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5. Structure of the Federal Court System
Magistrate Courts
Created by the Federal Magistrate’s Act of 1968
Trial Courts
Also called U.S. District Courts
95 U.S. District Courts covering the United States and its territories
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6. Structure of the Federal Court System
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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7. Structure of the Federal Court System
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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8. Function of the Federal Court System
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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9. Function of the Federal Court System
Court of Appeals
Hear appeals from the U.S. District Courts
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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10. Function of the Federal Court System
Court of Appeals (continued)
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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11. Function of the Federal Court System
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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12. Function of the Federal Court System
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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13. Function of the Federal Court System
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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14. History of the State Court System
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
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15. Structure of the State Court System
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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16. Structure of the State Court System
Justice or Municipal Courts
821 Justice Courts with 821 judges
913 Municipal Courts with 1,458 judges
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17. Structure of the State Court System
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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18. Structure of the State Court System
Court of Appeals
14 courts
80 justices
Texas Supreme Court and the Court of Criminal Appeals
Have only 9 justices
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19. Function of the State Court System
Justice Courts
Handle crimes that are punishable by fine only
Handle civil issues
Issuing marriage licenses
Settling small claims suits
Municipal Courts
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20. Function of the State Court System
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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21. Structure of the State Court System
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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22. Structure of the State Court System
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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23. Resources
Outline of the U.S. Legal System, Bureau of International Information Programs, United States Department of State, 2004,
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