Chapter 3 Flashcards
1
Q
How do Trial Courts function?
A
- Live testimony
- Jury or Judge
- Create a record
2
Q
How do Appellate Courts function?
A
- Are to determine if errors were made by the lower courts
- Oral arguments have limited time (usually 30 min)
- No jury
- Decisions are not immediate
3
Q
Texas Municipal Courts
A
- within First Tier of Texas Trial Courts
- varies from city to city
- enforce city ordinances
- has criminal authority up to class C misdemeanors within city limits
- judge is usually appointed by city officials
- usually not a court of record
4
Q
Texas Justice of the Peace Court
A
- within First Tier of Texas Trial Courts
- covers the area outside the city limits
- same criminal authority as Municipal Courts
- handles Civil cases up to $10,000
- limited to precincts, where the judge is elected
- not a court of record
Recent Texas Law has merged the Small Claims Court into the Justice of the Peace Court
5
Q
Texas County Court
A
- within the Second Tier of Texas Trial Courts
- each county must have one and only one
- takes appeals from Tier 1
- Criminal Class A and B misdemeanors
- Civil ($200-$10,000 and overlaps with Tier 1 here)
- handles Juvenile Matters and Probate Jurisdiction
6
Q
Texas County Court at Law
A
- within the Second Tier of Texas Trial Courts
- created by Legislature not Texas Constitution, and each County Court at Law is created by separate law
- has at least the same authority as the County Court
- may also have family law jurisdiction and higher dollar amount in civil cases
- Judge must be 25 and a practicing lawyer or Judge
7
Q
District Court
A
- within the Second Tier of Texas Trial Courts
- ONLY a Trial Court
- Criminal authority over Felonies
- Civil authority over high dollar amounts, Family Law, Title to land cases, and Election Contests
- about 2/3 civil, 1/3 criminal
- Judge must be 25 and a practicing lawyer or Judge
8
Q
Texas Court of Appeals
A
- within Third Tier of Texas Courts, and the First Tier of Appellate Courts
- Judge must be 35, 10 years attorney or Judge, Resident of District
- Authority over both civil and criminal cases
- Appeals from 1st and 2nd Tier of Courts
9
Q
Texas Court of Criminal Appeals
A
- within Fourth Tier of Texas Courts, and Second Tier of Appellate Courts
- only criminal jurisdiction
- 9 Justices
- Automatic appeal in death penalty convictions from District Court
10
Q
Texas Supreme Court
A
- within Fourth Tier of Texas Courts, and Second Tier of Appellate Courts
- only civil jurisdiction
- 9 Justices
- also determines Texas civil rules of procedure, and licensing qualifications for the State Bar
11
Q
Federal District Courts
A
- at least one per state, do not cross state boundaries
- Texas has 4 districts, with several in each district
12
Q
Federal Courts of Appeal
A
- 13 circuits (11 for states, 1 for DC, 1 specialized for International trade Gov. contracts and Intellectual property)
- Normally have a 3 judge panel, number of judges varies from circuit to circuit
- takes appeals from all US District Courts in that circuit
13
Q
US Supreme Court
A
- “Court of last resort”
- 9 Justices
- does not have to take cases except for Constitutional (original jurisdiction, this is rare) ones, but has ability to accept or decline any other case
14
Q
In personam Jurisdiction
A
- Court has territorial jurisdiction over the persons within it’s area
- Power to order defendant to court
15
Q
In rem Jurisdiction
A
Court has territorial jurisdiction over property within it’s area when the property is the subject matter of the lawsuit
