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Chapter 4 State Courts Trial Courts of Limited Jurisdiction (Lower Courts)

Chapter 4 State Courts Trial Courts of Limited Jurisdiction (Lower Courts) Size: 13,684 courts (85% of all courts). Varies from none to 2,500 (TX). Hear 60million matters a year (mostly traffic) Not part of state court system. Usually created and controlled by local gov’ts.

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Chapter 4 State Courts Trial Courts of Limited Jurisdiction (Lower Courts)

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  1. Chapter 4 State Courts • Trial Courts of Limited Jurisdiction (Lower Courts) • Size: 13,684 courts (85% of all courts). Varies from none to 2,500 (TX). Hear 60million matters a year (mostly traffic) • Not part of state court system. Usually created and controlled by local gov’ts. • Not a court of record (no official transcript) • Appeals go to trial court of general jurisdiction and is heard de novo (heard entirely again). • Criminal/Civil Cases 1. Criminal cases usually concern ordinance violations and misdemeanors (peace disturbance, shoplifting). Fines < $1000.

  2. Often handle preliminary stages of felony cases (arraignments, bail). • Civil Cases: handle small claims cases with $1500-$15000 money limits. These hearings usually go quickly by dispensing with written pleas, strict rules of evidence, and jury trial rights. • Trial Courts of General Jurisdiction (Major Trial courts). MS name? (T 4.2) • Size: 2501; hear cases not specifically delegated to lower courts • Geographic jurisdictions usually follow county lines and are subdivided into circuits/districts. • Criminal/Civil 1. Criminal: hear mostly street crimes (not white collar). Most do not go to trial because of plea bargaining (not guilt, but what penalty)

  3. Civil cases: outnumber criminal 2 to 1. Usually concern domestic relations (alimony, child support, divorce); Estate cases (supervise will disbursements); Personal injury (vehicle accidents to wrongful death). • Intermediate Courts of Appeal A. Created to relieve courts of last resort • 39 states have them (MS? Title?) • Their decisions are usually final. • Courts of Last Resort: State Supreme Courts • TX/OK have two (criminal and civil) • Original rarely used (disciplining lawyers/judges); primarily discretionary (gets to pick the appeals that it hears). • An appeal goes to U.S. Sup. Ct., but rarely accepted. MS Supreme Court has 9 justices (most states have 7).MS Supreme Court Website

  4. The Lower Courts: A Closer Look Heavily influenced by local customs. Therefore, wide-ranging. Types: • Justice of the Peace Courts • Originated 14th century rural England to quickly dispense simple justice. • 15,000-20,000 in U.S; most with elected officials. • Concerns: fairness (out of town speeders) • Solutions? • Professionalize – training programs or law degree requirements. *1/3-1/2 CA JP’s with no high school diploma; Assistant Atty General of MS said MS JP’s “are not capable of learning the necessary elements of law” • Abolish JP’s? Response: People’s court: Powerful lobbies who protect their jobs. Argue that all that is required in their cases is common sense (not a law degree). *”These are the last bastions of the people w/o much money. It’s a place they can go to resolve their problems without the necessity of having a lawyer”

  5. Municipal Courts – urban answer to JPs. Product of big-city political machines (patronage system). • Juvenile Courts – product of the “progressive movement” (save children from a life of crime). • Philosophy – system becomes a parent. • 1999 – 2.5m juveniles arrested. • Usually means below 18. • Three categories of juvenile matters: • Delinquency – would be a crime if committed by adult (64%) • Status offenses – illegal only for juv’s (14%) • Child victim – neglect or dependency

  6. Court Unification – shifting judicial administration from local to centralized (state capitol) control. A. 5 reform proposals: • Simplified Structure (consolidate, reduce number of local/minor/specialized courts). Whole system becomes 3-tier • Centralized Administration – whole system is governed by state supreme court. Accountability via hierarchy. • Centralized rule-making – uniform rules set not by legislatures/local bodies but judges and lawyers. • Centralized Budgeting – have a state judicial administrator who independently prepares budget for entire system (bypass governor).

  7. Statewide financing – fund the system through state revenue, not local. • Success of Reforms? • While many states have moved that direction (e.g., 4-tier), few have implemented even most of these. • Why? • Reformers are mainly legal elites. Perhaps bias against issues not as important to them (e.g., consumer, domestic issues) • Resisted by lawyers, judges, and court personnel who are comfortable with status quo. • Big city problem, not rural. • New way of thinking: centralization may be more efficient (top-down), but specialization and diversity leads to better quality (bottom-up).

  8. Drug Courts – new thing response to drug war in 80s. Focus on treatment mainly. Quick and easy process. • DCs usually aim a reducing rearrests. Attys play less of a role. • Mixed results as to success. • Consequences: • Costs have soared for these • Might be increasing # of prisoners. Police and prosecutors more likely to go after small drug crimes ($10-$20) since the DC is available.

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