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The Federal Court System
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The Texas Court System
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STRUCTURE
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Article III of the Constitution invests the judicial power of the
United States in the federal court system. Article III, Section 1
specifically creates the U.S. Supreme Court and gives Congress the
authority to create the lower federal courts.
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Article V of the Texas Constitution invests the judicial power of
the state in the Supreme Court, Court of Criminal Appeals, Courts
of Appeals, District Courts, County Courts, Commissioners Courts,
Courts of Justices of the Peace, and other such courts as may be
provided by law. Article V also gives the Legislature the authority
to establish such other courts as it may deem necessary and prescribe
the jurisdiction and organization thereof, and may conform the
jurisdiction of the district and other inferior courts.
The Constitution provides for a County Court in each of the 254 counties
of the State, though all such courts do not exercise judicial functions.
It also provides that each county have not less than one, nor more than 16,
justices of the peace, with the precincts divided according to population.
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Congress has used this power to establish the 13 U.S. Courts of Appeals,
the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court
of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases.
Magistrate Judges handle some District Court matters.
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The Supreme Court is the court of last resort for most civil and juvenile
cases, and the Court of Criminal Appeals is the court of last resort for
criminal cases. The Legislature has also created 14 Courts of Appeals and
hundreds of district, statutory county, and statutory probate courts. See
the latest Court Structure Chart
for the current number of courts.
The Legislature has also created municipal courts in each incorporated
municipality in the State. In lieu of a municipal court created by the
Legislature, municipalities may choose to establish municipal courts of record.
Most courts hear all types of cases within their jurisdiction. In metropolitan
areas, however, the district and statutory county courts tend to specialize in
criminal, civil, family law, juvenile, or probate matters.
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Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court
of Claims, and/or the U.S. Court of International Trade may appeal to a U.S.
Court of Appeals.
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Parties dissatisfied with the decision of the trial court may take their case
to the intermediate Court of Appeals. All cases that result in the death penalty,
however, are automatically directed to the Court of Criminal Appeals from the
trial court level.
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A party may ask the U.S. Supreme Court to review a decision of the U.S. Court
of Appeals, but the Supreme Court usually is under no obligation to do so. The
U.S. Supreme Court is the final arbiter of federal constitutional questions.
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Parties have the option to ask the highest state courts to hear a case, but the
Supreme Court is usually under no obligation to do so.
The Court of Criminal Appeals, however, handles both mandatory and discretionary
matters. A significant portion of the court’s caseload also involves the mandatory
review of applications for post-conviction habeas corpus relief in felony cases
without a death penalty.
Only certain cases are eligible for review by the U.S. Supreme Court.
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SELECTION OF JUDGES
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Article III, Section 1 of the Constitution states that federal judges are to be
nominated by the President and confirmed by the Senate.
They hold office during good behavior, typically, for life. Through Congressional
impeachment proceedings, federal judges may be removed from office for misbehavior.
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Most judges in Texas are elected for terms of four or six years.
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The Governor may appoint an individual to fill an unexpired term in an appellate
or district court.
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A Commissioners Court may appoint an individual to fill an unexpired term in a
county court or justice court in the county.
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With a few exceptions, municipal judges are appointed by the city council,
usually for a term of two years.
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TYPES OF CASES HEARD
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Cases that deal with the constitutionality of a law;
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Cases involving the laws and treaties of the U.S.;
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Ambassadors and public ministers;
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Disputes between two or more states;
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Admiralty law, and
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Bankruptcy.
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Most criminal cases,
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Probate (involving wills and estates) and mental health,
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Most contract cases, tort cases (personal injuries),
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Family law (marriages, divorces, adoptions),
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Juvenile cases (offenses committed by juveniles),
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Small claims cases, and
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Traffic cases.
State courts are the final arbiters of state laws and constitutions. Their
interpretation of federal law or the U.S. Constitution may be appealed to the
U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.
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MORE INFORMATION
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