Court Structures

Probate courts are in every county. True or False?

False

Probate courts are only in highly populated counties. True or False?

True

List the 4 descriptions of Probate Courts.

Wills & Estates; City Judge; Commissioner County; Governing County (City Council + Mayor)

State District Court is part of the State court system. True or False?

True

Every county has a State District Court. True or False?

True

County Courts at Law are NOT statutory courts. True or False?

False

Constitutional County Court is where the Texas Constitution is established. True or False?

True

All judges are elected by a voting system except… (states court system)

Justice of the Peace Court

What are the two benefits to lifetime appointment of judges?

Independence + Experts in the law

What are the three disadvantages to lifetime appointment of judges?

Out of touch w/society + Lack of representation + Selection process is political

What are the two benefits to being popularly elected?

Representation in democratic way + Responsive to changes in society

What are the two disadvantages to being popularly elected?

Political consequences + Inconsistent ruling

Which Article of the US Constitution established federal court system in 1789?

Article III

Who passed Judiciary Act of 1789?

Congress

What is the Judiciary Act?

Established 13 courts, one for each state

Numerous Judiciary Acts passed by Congress have shaped the American court system. True or False?

True

SCOTUS initially had 5 justices. True or False

False; 6 justices

Originally, there were only 5 circuit courts w/judges being “circuit justices.” True or False?

False; 3 circuit courts w/judges being “circuit riders”

The structure of the federal court system is a tiered system. True or False?

True

Order of Federal Court System (highest to lowest)

Supreme Court, Circuit Courts (appellate courts), then District Courts (trial courts), and lastly Magistrate Courts

Federal legal matters frequently begin in lower courts and move up through higher courts for trial/appeals. True or False?

True

What were the Magistrate Courts created by?

Magistrate Act of 1968

Magistrate Courts are appointed by what kind of judge?

District court judge

How long are full-time magistrates appointed for?

8-year term

How long are part-time magistrates appointed for?

4-year term

What is the overall function of Magistrate Courts?

Assist the US District Courts

What do Magistrate Courts assist District Courts with? (2)

Conduct trial in misdemeanor and petty offense + Perform pre-trial duties in criminal AND civil cases

What are the 4 pre-trial duties in criminal and civil cases that Magistrate Courts assist District Courts with?

1. Approve and issue search warrant affidavits in criminal cases

2. Conduct pre-trial hearings (e.g. initial appearances in criminal cases)

3. Hear and decide pre-trial motions

4. Conduct pre-trial conference

US District Courts are also known as…

Federal trial courts

How many district courts does US have?

94

District court judges are nominated by…

US President

District court judges do NOT serve a lifetime appointment. True or False?

False

Who approves w/advice and gives consent to the nomination of district court judges?

Senate

What are the 2 functions of the federal district courts?

1) Conduct criminal trials for felony cases for violation of federal criminal law

2) Conduct civil trials between parties in dispute over federal law

Expand on the function of district courts: Conduct criminal trials for felony cases for violation of federal criminal law

Preside (take authority) over felony arraignments, pleas, trials and sentencings

US Circuit Courts are also known as…

US Appeals Court or US Appellate Courts

How many US Circuit Courts of Appeal?

13

How many Circuit Court judges?

165

Circuit Courts conduct jury trials. True or False?

False

Circuit Courts are made up of a panel of judges. True or False?

True

How many judges hear each case in a Circuit Court?

3

Circuit Court judges are also nominated by US President, approved by Senate, and serve a lifetime appointment like the District Courts. True or False?

True

Do Circuit Courts hear appeals brought by a losing party from the US District Court?

Yes

What are the 3 factors Circuit Courts have to determine in an appeals case?

1. Did the U.S. District Court make a judicial error?

   1. If no, then the appeal is dismissed

2. If yes, then could the error have materially affected the district court’s decision

   1. If no, then appeal is dismissed

3. If yes, the appeals court will hear/review the appeal and issue a ruling to affirm, reverse or remand the case

The US Supreme Court is the highest court in US. True or False?

True

SCOTUS is compromised of how many chief justices and associate justices?

one chief justice and eight associate justices

Decision of SCOTUS is NOT final and CAN be overruled. True or False?

False

SCOTUS judges are also nominated by US President, confirmed by Senate, and serve a lifetime appointment. True or False?

True

What are the 3 factors that make SCOTUS agreeable to hear and decide a case?

1. When there is an important constitutional decision

2. When there is an important question of federal law that needs clarification

3. When there is a difference of opinion among the U.S. courts of appeal

SCOTUS is the legal mediator for lawsuits between states + between U.S. and foreign countries. True or False?

True

SCOTUS is NOT the final authority for legal opinions binding on the federal gov. True or False?

False

SCOTUS manages all cases of admiralty and maritime jurisdiction. True or False?

True

What are the 4 factors that make SCOTUS MUST review a case?

1. Federal court has held an act of Congress unconstitutional

2. U.S. court of appeals has found a state statute to be unconstitutional

3. State’s highest court of appeals has ruled a federal law to be unconstitutional 

4. Individual challenge to a state statute on federal constitutional grounds is upheld by a state’s highest court of appeals

Once SCOTUS makes a ruling, all lower courts (including state courts) must accept the ruling as a binding precedent. True or False?

True

Who is the plaintiff?

Person filing lawsuit against someone

Can a plaintiff decide whether or not to bring case to a federal trial court?

Yes

 Almost all criminal cases start in federal courts. True or False?

False; almost all criminal cases start in state courts

What are the 4 scenarios (actually 5) where federal courts have original jurisdiction and in all cases must be brought in a district court?

1. Cases where law at issue is a federal law

2. Cases involving treaties

3. Cases involving the U.S. Constitution

4. Cases where the U.S. government is a party to the litigation

5. Cases involving more than one state where there’s more than $70,000 at issue → federal judges more impartial than state judges

What is judicial review?

Authority a court has to hear a case

There are no constitutional requirements for justices to be lawyers but most are anyways. True or False?

True

Sometimes SCOTUS has original jurisdiction and can act like a trial court (5 situations):

1. Between U.S. and a state

2. Between 2 or more states

3. Cases involving foreign ministers or ambassadors

4. Brought by citizens of one state against citizens of another state or against a foreign country

5. Crimes committed on high seas (pirates)

For SCOTUS to accept a case, they check for… (5 points)

1. Case or controversy

2. Standing (parties must have substantial stake in outcome)

3. Moot (case no longer requires a resolution)

4. Ripeness (if potential issue has yet to occur, not ready yet)

5. Political Question Doctrine

What is a Circuit Split?

Circuit courts reach diff/conflicting conclusions on same issue → court will hear case to resolve confusion

Counties operate and fund the entire statewide court system. True or False?

True

Name two functions of Justice of the Peace Court.

 Handles smaller criminal defenses + smaller civil suits w/lesser amounts in dispute (up to $10,000)

Name two functions of Constitutional County Court.

Handles more serious misdemeanors, probate matters, and civil suits w/less amounts in dispute (no more than $10,000) + handles appeals from J.P. court

Name two functions of County Court at Law Court.

Handle whatever lawmakers decide they should based on local needs + more serious crimes and larger civil cases (up to $200,000 in dispute)

About how many County Court at Law Court are there in Texas and who were they created by?

Only about 100 of them exist + created by state law

Name the function of Probate Court.

Specialize in things like wills and estates and guardianships

About how many Probate Courts in Texas?

Only in Texas’ most populated counties (about 12)

Name two functions of Local District Courts.

Handles civil suits for $10 or $10,000,000… + serious criminal cases (including death penalty cases) + family, international, environmental laws, etc.

No other court in America can handle as many types of cases as a local district court. True or False?

True

Local District Courts are NOT the highest courts (locally). True or False?

False

District Court have locally ______ judges.

elected

Not every county has a Local District Court. True or False?

False; every county has one

Commissioners Court is not a traditional court. True or False?

True

Name the function of Commissioners Court.

County Commissioners get together w/County Judge and hear from the public + make decision on how best to run your local county gov 

Cases on appeal from county and district courts are heard in…

State Courts of Appeals

____________ is highest court for civil and juvenile appeals

Texas Supreme Court

__________ is highest court for appeals in criminal cases

Court of Criminal Appeals

Structure of state of Texas Court System (highest to lowest)

1. Texas Supreme Court + Texas Court of Criminal Appeals

2. Texas Courts of Appeals

3. Texas State District Courts

4. County Courts

5. Local Justice of the Peace Courts + Municipal Courts

How many Local Justice of the Peace Courts and how many judges?

819 Justice of the Peace courts w/819 judges

Justices of the Peace are elected in county elections. True or False?

True

Justices of the Peace do have to be licensed attorneys. True or False?

False

How many Municipal Courts and judges?

926 municipal courts w/1559 judges

Municipal judges are hired by the county which they serve. True or False?

False; Municipal judges are hired by city which they serve

Name 3 functions of Justice of Peace Courts.

1) Conduct Class C misdemeanor trials (punishable by fine only + no confinement)

2) May issue search + arrest warrant for state crimes

3) May handle civil issues (i.e. issuing marriage license settling small-claims suits

Name 3 functions of Municipal Courts.

1) Conduct Class C misdemeanor trials

2) May issue search + arrest warrant for state crimes

3) May handle municipal ordinance offenses:

- $2,000 for ordinances governing fire safety, zoning or public health

- And $500 for all other ordinances

How many county courts in Texas?

509

Judges have to be licensed attorneys, but must be well informed of state law for Constitutional County Courts. True or False?

True

Which Courts at Law do judges have to be licensed attorneys at local level?

Courts at Law + Probate Courts

Name 2 functions of Constitutional County Courts.

Preside over Class A & Class B Misdemeanors (fines up to $4,000 and jail up to 1 year) + Civil matters not exceeding $20,000

Name 2 functions of Statutory County Courts.

Preside over Class A & Class B Misdemeanors (fines up to $4,000 and jail up to 1 year) + Civil matters w/dollar limits from $100,000 to unlimited

Name the function of Statutory Probate Courts.

 Primarily probate matters (wills + estates)

In State District Courts, are all judges elected?

Yes

In State District Courts, do judges have to be licensed attorneys?

Yes

Name 3 functions of State District Courts.

~ Court of general jurisdiction (any matter where original jurisdiction is not placed in another court)

~ Conduct trials of all state felony criminal cases (hears pleas + decides sentencing)

~ Conducts civil trials (hears divorce cases + election contests + land title disputes + torts over $200)

In Texas Court of Appeals, judges are ____ and must be a ________ _____.

elected; licensed attorney

In Texas Supreme Court, judges are ____ and must be a ________ _____.

elected; licensed attorney

In Texas Court of Criminal Appeals, judges are ____ and must be a ________ _____.

elected; licensed attorney