MGMT 211 Lecture 5 Outline of Last LectureI. Chapter 2 ContinuedII. 5th AmendmentOutline of Current Lecture I. Chapter 3 Continued: Texas Court SystemII. Federal Court Systema. Constitutional Court SystemIII. Supreme CourtCurrent LectureI. Chapter 3 Continued: Texas Court systema. Anything but typical; Texas is a messb. If you don’t like your decision at Municipal, JP or Small Claims courtsi. County Court: problem; created by the Texas Constitution1. Each county shall have only one county court2. Because county judge can be budget officer, head of commissioner’s courta. Lots of administrative functions within the countyb. Brazos County judge is administrator of court house3. Judge elected by people they serve4. Jurisdiction: hear appeals from 3 courts, higher dollar amount civil cases, Class B and A misdemeanor, probate mattersa. Probate: settle estate of the deadb. Harris County: lots of people die, lots of Class A & B misdemeanor cases appealedi. Legislature: need another court to handle all of thisii. County Court at Law: created by legislature1. Original claim: same as county court, but you could have more than one in each county2. Legislature thought they could do more; improve upon county court3. To be a county court judge, same as being eligible voter4. County Court at Law judge must have law degree and be in good standing5. County doesn’t necessarily have c.c.a.la. All counties surrounding Brazos County don’t have one6. Created with an individual billa. Improved as they go along, \b. therefore, county court at laws don’t have the same jurisdiction; i. dollar amounts varyii. Some c.c.a.l can hear family law cases, but not allc. Can hear at least all the things that County Court can hear; may have higher dollar amount or family law jurisdictiond. Major change: have to be an attorney and good standing to be a judge7. Trial de novoa. Try case at Municipal Court and lose, can appeal to c.c.a.l and start overi. New jury at c.c.a.l.b. EXCEPT: Some Municipal Courts have become courts of record (court reporter); some courts do and don’ti. If you go to upper courts to appeal with no contest,you just said to court “I’m guilty and I want to appeal.”8. Both a trial and an appellate court9. C.c.a.l. can be split up; civil, criminal; for big countiesiii. District court: state employees1. Can cross county lines; can travel from courthouse to courthouse2. Brazos County: 3 district courts only practice in Brazos County3. Other counties share their district judges; drive from place to placea. Judge can be all over the place; you have to chase them down4. NOT an appellate court5. One judge, good standing, higher salary that C.C.A.L (hierarchy)a. Usually make $100,0006. 12 person juries; some are 67. 3 district judges created by the Constitution8. High dollar amount civil cases at this level9. Felony cases, family law ALWAYS comes to this level10. 4 year term, partisan election-elected by people that they servea. Can be multiple countiesb. Can have multiple judgesiv. Goes to Court of Appeals1. 14 in Texas2. True appellate court – oral arguments, briefs3. Number of judges varya. 6 year termb. Chief Justice, Associate Justice4. True appellate court5. Supposed to serve the same number of people, not the same volume of casesa. Major metropolitan areas, Eastland used to be6. Houston has 2 courts of appeals7. Brazos is in 3 courts8. Supposed to be balanced by population9. If you have multiple courts, where do you go?a. Randomization10. Some cases will not get to this levela. Sue over a $5 t-shirt, you won’t make it past Small Claims; it won’t add value to courtsv. Look at the judges you vote for; don’t stay along party linesvi. One of 2 Highest Courts1. Splits them outa. Civil: TX Supreme Courtb. Criminal: TX Court of Criminal Appeals2. 9 judges-“justices”a. One Chief Justice, 8 associate judgesb. 6 year term - electedc. Have to be independently wealthy or take political donations to run for this positioni. Political donation can taint a judgeii. Big businesses can give a lot of money and basically buy a win (Insurance)3. Capital murder: automatic appeal to TX Court of Criminal Appeals from district courtsa. Mandatory appeal; must b. Comes from the district court where it was triedII. Federal Court Systema. Constitutional Court Systemi. Only one court mentioned in Article 2 of Constitution-Supreme Courtii. Constitution gives Congress the right to create other courts they deem necessaryiii. Unique: follow constitutional models – appointed by president, approved by Senate, serve for lifeiv. The Trial Court: U.S. District Court1. One judge appointed by President, confirmed by Senate and serves for life2. Has to be at least one in every statea. Texas has dozens; divided into 4 different districts – most any state can be divided intoi. Northern, Southern, Eastern and Western1. Not located there necessarilya. Brazos County: Southerni. Go to Houston: 14 courtsb. Hearne: just north of Brazos-Western with El Paso3. Usually more than one judge in one court4. 12 jurors5. Civil or Criminala. Anything that involves a national issue/question (treaty)b. Diversity of Citizenship: historicali. States hated each other during the war; stabbing each other in the back and favoring their citizensii. Definition: Where you’re being sued in one state bysomeone who lives in another state1. You go to LSU for a football game, wreck in Boudreaux Parish and cause a lot of damage; sued for $100,000 in Boudreaux; you can remove it to federal district courta. Won’t count if your cousin from Shreveport was drivingiii. Must also have $75,000 controversy or more1. Federal courts don’t like D.O.C. casesa. Have to use federal law b/c they don’t want to learn laws of statesv. Next: U.S. Court of Appeals1. 11 of these for the states divideda. Texas in 5th circuit: in New Orleansi. Temporarily moved to Houston during Katrinab. 9th circuit: all of California and nearly all western statesi. 2 courts, one in San Fransisco and satellite one in L.A.c. 2 more circuit courtsi. One is for D.C.vi. 2nd is for intellectual property, patents, etc.a. 1st Circuit: Mass, New Hampshire, Maine and Puerto Ricob. Division unpopular; must learn law from the different states (French in Louisiana, Spanish in Texas)2. This is usually as far as you get3. Can vary from place to placeIII. Supreme Courta. Unlike state supreme courts, You don’t have an absolute right to appeal hereb. Not unless your case is listed