Us Courts

United States Court System

Sadie Chaplin, Rafael Herrera, Megan Mladenovich, Rashawn Robinson Sr., Natalie Turner

University of Phoenix

Group B, CJA500

Joseph Gutheinz, Jr., J.D.

October 22, 2007

America's criminal justice system is comprised of several different tiers. They were designed to create jurisdictions within each level of the system in order for the country's issues to be handled more efficiently. With the growing population and increasing case loads, the system had to be broken down in order for society to function successfully. At its lowest level, there are local justice courts, which typically handle minor criminal and civil matters. Just above the local justice courts are the municipal or trial courts, dealing in criminal misdemeanors and civil lawsuits. At the higher levels are state and federal courts. Each has their respective circuit, appellate and supreme courts, with all matters originating at the circuit court levels, possibly making their way up to the Supreme Court. Independently, these courts help to maintain order within their individual jurisdictions, but collectively they form America's efficient court system.

Local Justice Courts are simply what they are titled Ð'- local to the cities they are in. Each state has a justice court in each county. A county may have more than one city. For example, Kitsap County, WA has the city of Bremerton, city of Silverdale, city of Port Orchard and City of Poulsbo, and other also. The issue of having Local justice courts is that they can manage the legalities of the criminal issues. They handle all aspects to include all types of trials up to but not including except felonies. The Justice courts are run by elected officials titled Justice of the Peace. The main issue is the limited power of the Justice Courts. Justice Courts are limited in the ability to convict on charges of felonies and with the ability to charge large fines. "Justice Courts have small claims/civil jurisdiction nonexclusive where the money or damages claimed does not exceed $5,000, except in actions involving title to real property, false imprisonment, libel, slander or malicious prosecution." (www.superiorcourt.maricopa.gov) By virtue of handling small cases the larger courts are not flooded by the numerous minor cases.

In Texas, all 254 counties have a Local Justice Court presided over by a county judge. With so many counties the burden of municipal or state courts to handle such a load would cause many cases to be discharged without a court decision. In Texas, constitution states "The Texas Constitution mandates that "[t]here shall be established in each county in this State a County Court ... and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law" (Article 5, Section 15). Thus, each of the 254 counties of the state has a single County court presided over by a county judge." (texaspolitics.laits.utexas.edu) By maintaining individual local justice courts each county can handle all the violations that include including traffic violations, issues with boating, issues concerning wildlife, and they are also able to handle or perform weddings. In Oregon, weddings can be administered during normal hours of work, free to the couple and this is because of the mandate by the justice of the peace.

"Trial courts are the base of the judicial system and at its lowest level are usually courts of limited jurisdiction" (Pember p39). Municipal Courts are lower courts of the judiciary system which usually try criminal misdemeanors and civil lawsuits. Unlike superior, district, or county courts, these cases usually involve a small amount of money. The amounts in which cases can be tried vary based upon the amounts set by each jurisdiction. The offenses that are heard in these courts include civil traffic, minor criminal traffic, parking, and environmental charges. "Many serious criminal cases, such as robbery, auto theft, or assault, all start out as complaints that are filed in the Municipal Court, but are soon transferred to superior courts in the county courthouses" (njcourts online). Since small claims and traffic violation make up the majority of municipal court documents, everyday, ordinary citizens have the most use for these courts. The main purpose of the courts is to ensure that the administration of justice is delivered in a timely and efficient manner. Municipal court proceedings are usually quick and less formal. The majority of funding for Municipal Courts is provided by its local government unit.

"The authority, importance, and geographical area covered differ from state to state" (Court-Records Online). In Texas municipal courts operate in the majority of its cities and towns. These courts have original and exclusive jurisdiction over violations of city ordinances. When these violations occur fines up to $2,000 may be charged if authorized by the city's governing body. The Municipal courts in this state do not have jurisdiction in civil cases. "How municipal court cases are managed can greatly show the amount of public confidence and trust people place on the courts" (Court- Record Online).

The three largest parts of the state court system are the state supreme court, the court of appeals, and the circuit courts. Circuit courts are the origin of both civil and criminal jurisdiction. A circuit court is a court of general jurisdiction and is usually a county court. (Adler, Mueller, & Laufer, 2003. p.239) Each circuit court is then further divided down into smaller courts. Examples of the courts with the circuit court are family, juvenile, and small claims courts.

The court of appeals is used when the verdict given at a lower court is unsatisfactory to a party invested in a lawsuit, in which case the trial will be reheard. "Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in the trial court record." (www.wikipeida.com, 2007) If a litigant goes through the appellate court process and is still unhappy they can take it the state supreme court, which is the highest court in the state system.

The state Supreme Court is also commonly called the single court of last resort. The court is called that because there is no further appeal in the state from their decisions. All but two states, Oklahoma and Texas, have a single court of last resort. Since the state Supreme Courts can