PSCI 3200 Federal & State Courts

Trial Courts

determine the facts, hear testimony, see evidence, juries, determination of guilt or responsibility, punishment

Appellate Courts

review legal decisions of the trial court judges; review trial transcripts, address matter raised by attorneys in their briefs and oral arguments to the court, no testimony or witnesses

Article III Courts

one supreme court- inferior courts subsequently chosen by congress

Necessary and Proper Clause

to grant congress implied powers, not explicitly stated in the constitution

Article I Courts

legislative; bankruptcy, tax, military; judges have fixed terms; selection process varies

District Courts

Judges appointed by the president and confirmed by the Senate; 94-89 in the 50 states; each state has at least one; local judges

Courts of Appeal

11+1 for D.C.; mini supreme courts- jurisdiction is not discretionary, screen out cases, regional jurisdiction

Panels of Courts of Appeals

3 judges

En Banc

when all judges sit to hear a case

Role of the Courts of Appeal

error correction and policy formation

Why were the Courts of Appeals established?

to relieve the Supreme Court's caseload

U.S. Magistrates

full-time serve 8 years; part-time serve 4 years; appointed by the District Judge; Handle pretrial matters: arraignment, warrants, bail, appoint, counsel, discovery; try misdemeanor cases

Court Clerks

keep up with paperwork

Court Personnel

Clerks, law clerks, court reporters, probation officers

Law Clerks

assist in screening of cases, legal research, and drafting of opinions

Judicial Conference of the U.S.

committees, budget recommendations, salaries, impeachment recommendations, rules of federal procedure, administrative office of the U.S Courts

Municipal Courts

lesser court; municipal ordinances and traffic

Justice of the Peace

lesser court; fineable offenses and small civil claims

County Courts

lesser court; juvenile, probate, county court at law: civil, criminal, mixed

District courts

greater court; felonies, large $ civil cases, family law

Intermediate Court of Appeals

buffer between trial courts and the courts of last resort in a state; Texas has 14- min 3 judges, max 9

State High Courts

Highest court in a state; Texas has 2- Supreme Court of Texas and Texas Court of Criminal Appeals