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13 Cards in this Set

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  • Back
  • 3rd side (hint)
Municpal Court
-usually appointed by city council
-deals with ordinances in cities and minor (C-class) criminal violations
-courts do not have record so appeals are retired (except dallas & lubbuck)
- Tier 1 Trial Court
- Texas
Justice of the Peace Court
- elected to 4 year term, does not need law license
- class c misdemeanors (criminal)
- civil matters up to $10,000
- Tier 1 Trial Court
- Texas
- Created by Texas Constitution
Small Claims Court
-elected to 4 year term, does not need law license (same judge as JOP Court)
-no criminal jurisdiction
-civil matters up to $10,000
-Tier 1 Trial Court
-People's Court of Texas
-Statutory Court created by legislature
County Court
- elected to 4 year term, familiar with law
- appeals from Tier 1 courts (not true appellate court)
-higher level (A & B) criminal cases
-civil cases from $200-$10000
- probate law, juvenile matters
- Tier 2 Trial Court
- Created by Texas Constitution
- Only ONE per county
- has original jurisdiction
County Court of Law
- elected to 4 year term, MUST have law license
- 25 years old, resident of county for 2 years, citizen of Texas, licensed judge for at least 4 years
- Civil cases up to $100,000
- Can have family law jurisdiction
- Can be appellate court (not true appellate)
- Can hear juvenile cases and mental capacity hearings
- Can be specialized (Harris County)
- Tier 2 Trial Court
- Statutory Court created under Texas Legislature
- Jurisdiction and number vary from county to county
District Court
- elected by district to 4 year term, MUST be licensed
- 25 years, resident of district for 2 years, citizen of Texas, licensed
- Civil cases from $500 to unlimited
- Family Law (divorce, adoption, etc.)
- Criminal cases = felony, some misdemeanors
- NOT an appellate court
- Tier 2 Trial Court
- Statutory Court under Texas Legislature (originally constitution)
- Can be several courts with same district
- 2/3 Civil, 1/3 Criminal
Court of Appeals
- first level appellate court (14 in Texas)
- 3-9 judges in each court of appeals
- elected to 6 year overlapping terms, be at least 35 years old, 10 years of experience as attorney
- 1 Chief Justice and other associate justices (cases heard en banc)
- Appellate Court
- Appeals from all Tier 2 courts = fine of at least $100, imprisonment and or constitutional issue
Court of Criminal Appeals
- staggered 6 year terms (every 2 years)
- 9 members ( 1 Chief, 8 associate that are elected statewide)
- Appellate Court
- Only criminal jurisdiction (highest)
Texas Supreme Court
- 9 member elected statewide for staggered 6 year terms (every 2 years)
- Determine state bar qualifications and civil procedure rules
- Final court for civil and juvenile cases unless involves constitutional issue (appealed to federal)
- Appellate Court
- Only Civil Jurisdiction (Highest)
Federal District Courts
- At least one, per state (4 districts in Texas)
- usually 1 judge
- usually jury of 12 people
- Federal Trial Court
- Do not cross over state bounderies
Federal Courts of Appeal
- 13 circuits (11 for states, 1 for DC, and 1 specialized for patent law)
- Normally have 3 judge panel (en banc)
- Appeals from all Federal District courts in circuit
- 5th circuit = Texas, Mississippi, and Louisiana district courts
- Appellate Court precedent only binding on District Courts within circuit
The Supreme Court
- 8 associate justices, 1 chief justice
- cases heard by all 9 justices
- Rarely has original court jurisdiction (constitutional)
- 4 justice must agree to hear case (rule of 4's)
- 100 to 150 cases per year
- Court of last resort for all State and Federal courts
Specialized Courts and Administrative Agencies
- created for specialization/expertise