Chapter 3 Flashcards
How do Trial Courts function?
- Live testimony
- Jury or Judge
- Create a record
How do Appellate Courts function?
- 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
Texas Municipal Courts
- 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
Texas Justice of the Peace Court
- 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
Texas County Court
- 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
Texas County Court at Law
- 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
District Court
- 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
Texas Court of Appeals
- 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
Texas Court of Criminal Appeals
- 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
Texas Supreme Court
- 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
Federal District Courts
- at least one per state, do not cross state boundaries
- Texas has 4 districts, with several in each district
Federal Courts of Appeal
- 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
US Supreme Court
- “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
In personam Jurisdiction
- Court has territorial jurisdiction over the persons within it’s area
- Power to order defendant to court
In rem Jurisdiction
Court has territorial jurisdiction over property within it’s area when the property is the subject matter of the lawsuit
Quasi in rem Jurisdiction
- Involves property but the property does not have to be the subject matter of the lawsuit
- State Courts historically abused this power, now under close federal scrutiny
- the property must be closely related to the lawsuit
- rare
Venue
- which court, out of all the ones with jurisdiction, will here the case
- usually determined by residence of the Defendant
- Texas has MANY exceptions
- which led to Forum Shopping
- which led to forum non conveniens
Rule of forum non conveniens
Rule of Thumb for “most convenient for all participants”
Voir Dire
Screening process to select jurors
Shearson/American Express v. McMahon
If all parties agree to Arbitration then you MUST go to arbitration and you cannot later change your mind
de Novo
Appeal of a case with a completly New Trial
en banc
All justices hear a trial
Caperton v. Massey Coal Company (2009)
Judges are supposed to excuse themselves if they have a conflict
