Criminal Justice System and the Courts
Course
Court
Systems
and
Practices
Unit I
Criminal
Justice
System
Essential
Question
What are
the history,
structure,
and
function of
the state
and federal
courts and
criminal
procedure?
TEKS
§130.296(c)
(1)(A)
Prior
Student
Learning
None
Estimated
Time
3 to 6 hours
Rationale
Understanding the history, structure, and function of the state and
federal courts and criminal procedure is pertinent to students seeking
careers in law and public safety.
Objectives
The students will be able to:
1. Describe the historical foundations of the federal and state court
systems
2. Identify the levels and functions of the federal and state court
systems
3. Describe the criminal cases heard in the various courts
Engage
Select three short videos to watch from “Federal Pathways to the
Bench”:
http://www.uscourts.gov/educational-resources/get-inspired/pathwaysto-the-bench.aspx (at least one magistrate, one district-court judge, and
one appellate judge). Then use the following questions for discussion:
 What do all of the judges have in common?
 Did any of their judgeships fall into their laps?
 How did each of these judges view education?
Use Discussion Rubric for assessment.
Key Points
I. Key Terms
A. Civil Law – the body of law that defines private rights and
remedies to govern conflicts between private individuals or
entities
B. Criminal Law – the body of law that defines crimes and
punishments through rules, regulations, and statutes; what is
prohibited by the government because it threatens public safety
and welfare
C. Marbury v. Madison – an 1803 case that established the power
of judicial review by the US Supreme Court; the power was later
extended to the federal courts
D. Circuit Riders – Judges who rode from place to place in many
different locations of states or federal territories to hold trials on a
regular basis, once a month or once every few months
II.
History of the federal court system
A. Article III of the US Constitution established a federal court
system
B. Congress created Article III on Sept. 24, 1789
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C. Congress passed the Judiciary Act of 1789, which established
13 courts, one for each of the original states
D. Since 1789 there have been numerous Judiciary Acts passed
that continue to define the American Court System
E. The Supreme Court originally had 6 justices
F. Originally, there were only three circuit courts with judges being
“circuit riders”
III. Structure of the federal court system
A. The structure of the federal court system begins with the
magistrate courts and ends with the Supreme Court:
1. Supreme Court
2. Appellate Courts
3. Trial Courts
4. Magistrate Courts
B. Magistrate Courts
1. Created by the Federal Magistrate’s Act of 1968
2. Magistrates are appointed by a district court judge
a) Full-time magistrates are appointed to an 8-year term
b) Part-time magistrates are appointed to a 4-year term
C. Trial Courts
1. Are also known as US district courts
2. There are 94 US district courts covering the US and its
territories
3. The judges are appointed by the US President
a) Serve a life term
b) Consent from Congress is required
D. Court of Appeals
1. Are also known as Appeals Court, Appellate Court, and
Circuit Courts
2. There are 12 US Regional Circuit Courts of Appeal and one
US Court of Appeals for the Federal Circuit and
approximately 165 federal courts of appeals judges
3. The court does not conduct a jury trial but is made up of a
panel of judges, usually three
4. The judges are appointed by the US President
a) Confirmed by the Senate
b) Serve a lifetime appointment
E. US Supreme Court
1. Is the highest court in the US
2. Consists of nine justices
3. A decision of the Supreme Court is final and cannot be
overruled
4. The judges are nominated and appointed by the US
President
a) Confirmed by Senate
b) Serve a lifetime appointment
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IV. Function of the federal court system (Criminal Law)
A. Magistrate Courts
1. Assist the US district courts
2. May conduct trials in misdemeanors and petty offenses,
along with performing in felony cases pretrial duties, such as
preliminary hearings, pretrial motions, and conferences
B. US District Courts
1. Conduct trials in which there have been violations of federal
criminal laws
2. Conduct arraignments, pleas, and felony trials
C. Court of Appeals
1. The appellate courts hear appeals from the US district courts
2. Defendants can appeal their cases based on a claim that
they were denied a fair trial or the law they were convicted
under was unconstitutional
3. The court must determine:
a) If the district judge made a judicial error
b) If the error could have substantially affected the court’s
decision
c) If the answer is “no” to both questions, the appeal is
dismissed
d) If the answer is “yes” to one of the above questions, the
court will review the appeal and issue a ruling
D. US Supreme Court
1. As a general rule, agrees to decide on cases where there is a
difference of opinion among the courts of appeals, or where
there is an important constitutional question or issue of
federal law that needs to be clarified
2. Decides which cases it will hear
3. Is the legal mediator for lawsuits between states, and
between the US and foreign countries
4. Is the final authority for legal opinions binding on the federal
government
5. Must review cases when
a) A federal court has held an act of Congress to be
unconstitutional
b) A US court of appeals has found a state statute to be
unconstitutional
c) A state’s highest court of appeals has ruled a federal law
to be unconstitutional
d) An individual’s challenge to a state statute on federal
constitutional grounds is upheld by a state’s highest court
of appeals
6. Once the court makes a ruling, the lower courts, including
state courts, have to fall in line with that ruling
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V. History of the state court system
A. The Texas Supreme Court was established in 1836 after the
Texas Revolution
B. In 1845 the Supreme Court was restructured, and in 1850 the
offices of the Supreme Court were filled by elections
C. In 1876, to relieve the case load of the Supreme Court, the Court
of Appeals was created to deal with criminal cases; it was later
renamed the Court of Criminal Appeals
D. In 1980 the previously established courts, the Courts of Civil
Appeals, were renamed Courts of Appeals and were designed to
relieve the Court of Criminal Appeals’ caseload
VI. Structure of the state court system
A. Began with the justice or municipal courts and ended with the
Texas Supreme Court or the Court of Criminal Appeals:
1. Texas Supreme Court or Court of Criminal Appeals
2. Courts of appeals
3. District courts
4. County courts
5. Justice courts or municipal courts
B. Justice or municipal courts
1. 819 justice courts*
a) 819 judges*
2. 926 municipal courts*
a) 1,559 judges*
3. Justices of the Peace
a) Are elected
b) Do not have to be licensed attorneys
4. Municipal judges are hired by the city they serve
C. County courts
1. 509 courts*
a) 254 constitutional county courts (1 per county)
b) 237 statutory county courts*
c) 18 statutory probate courts
2. Judges are elected
3. Judges do not have to be licensed attorneys
D. District courts
1. 456 courts*
2. 456 judges*
3. 359 districts contain one county*
4. 97 districts cover more than one county
5. Judges are elected
6. Judges must be licensed attorneys
E. Courts of Appeals
1. 14 courts by region
2. 80 justices
3. Justices are elected
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F. Courts of Last Resort for Texas State Courts
1. Texas Supreme Court
a) 1 court in Austin
b) 9 justices
c) Are elected
2. Texas Court of Criminal Appeals
a) 1 court in Austin
b) 9 judges
c) Are elected
VII. Function of the state court system (Criminal Law)
A. Justice courts
1. Class C criminal misdemeanors punishable by fine only (no
confinement)
2. May issue search or arrest warrants
3. These courts can also handle civil issues, such as issuing
marriage licenses and settling small-claims suits
B. Municipal courts
1. Class C criminal misdemeanors punishable by fine only (no
confinement)
2. May issue search or arrest warrants
3. Municipal ordinance offenses:
a) Punishable by a fine not to exceed:
(1) $2,000 for ordinances that govern fire safety, zoning,
and public health; or
(2) $500 for all others
C. County courts
1. Constitutional county courts
a) Preside over Class A and Class B Misdemeanors
b) Fines greater than $500 or jail sentence
2. Statutory county courts
a) Preside over Class A and Class B Misdemeanors
b) Fines greater than $500 or jail sentence
3. Statutory probate courts
a) Primarily probate matters
D. District courts
1. All Felony criminal cases
E. Courts of Appeals
1. Intermediate appeals from trial courts within district
F. Texas Supreme Court and Texas Court of Criminal Appeals
1. Texas Supreme Court
a) Has final appellate jurisdiction in civil cases and juvenile
cases
b) Responsible for licensing attorneys and attorney discipline
2. Texas Court of Criminal Appeals
a) Has final appellate jurisdiction in criminal cases
b) Hears appeals of death sentence cases
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*Totals are as of March 2013.
Activities
1. Court Research and Presentation. Have the students select one
court outlined in this lesson and research the career of a judge or
justice for that court. The students must include the judge or
justice’s qualifications, means of taking office, and discipline. They
must pick an actual judge/justice about which to present a
biography, salary, and any other pertinent information. Along with
writing a research paper, students should present the information to
the class by creating a poster board or by using computer-based
presentation software. Use the Research Rubric and Presentation
Rubric for assessments.
2. The Criminal Justice System and the Courts Crossword Puzzle.
Have the students complete the Criminal Justice System and the
Courts Crossword Puzzle. Use The Criminal Justice System and the
Courts Crossword Puzzle Key for assessment.
Assessments
Criminal Justice System and the Courts Exam and Key
Criminal Justice System and the Courts Crossword Puzzle and Key
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Research Rubric
Materials
Criminal Justice System and the Courts computer-based presentation
Criminal Justice System and the Courts Crossword Puzzle and Key
Computer-based presentation software or posters and drawing
materials
Computers and Internet
Projector and screen
Resources
Prentice Hall, Criminal Courts: Structure, Process, and Issues (2nd
Edition), 2007, Dean John Champion, Richard D. Hartley, & Gary
A. Rabe
United States Courts
 http://www.uscourts.gov/educational-resources/getinformed/federal-court-basics/structure-federal-courts.aspx
 http://www.uscourts.gov/educational-resources/getinspired/pathways-to-the-bench.aspx
 http://www.courts.state.tx.us/pubs/JudicialDirectory/Court_Struct
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ure_Chart.pdf
Texas Courts Online http://www.courts.state.tx.us/
Outline of the U.S. Legal System, Bureau of International Information
Programs, United States Department of State, 2004,
http://www.america.gov/media/pdf/books/legalotln.pdf
Accommodations for Learning Differences
For reinforcement, the students will create a flowchart of the different
courts, from the lowest to the highest. They will list the court, along with
its jurisdiction, and show how the system moves from the municipal to
highest state courts. Use the Individual Work Rubric for assessment.
For enrichment, students will interview a judge or justice from one of
the courts listed in the lesson. Students will write a paper regarding
their interview. Use the Individual Work Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical
Education
§130.296. Court Systems and Practices (One to Two Credits).
(1)
The student examines the structure of the legal system in
the United States. The student is expected to:
(A)
trace the history, structure, and function of state
and federal court systems and criminal procedure;
College and Career Readiness Standards
Social Studies Standards
V. Effective Communication
A. Clear and coherent oral and written communication
1. Use appropriate oral communication techniques depending
on the context or nature of the interaction.
7
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Name___________________________________
Date____________________
Criminal Justice System and the Courts Exam
1. _____What article of the US Constitution established a federal court system?
A. Article I
B. Article II
C. Article III
D. Article IV
2. _____What did Congress pass that established 13 courts for the original 13 states?
A. Judiciary Act of 1786
B. Judiciary Act of 1787
C. Judiciary Act of 1788
D. Judiciary Act of 1789
3. _____How many justices did the US Supreme Court originally have?
A. 6
B. 7
C. 8
D. 9
4. _____What are also known as Circuit Courts?
A. Trial Courts
B. Supreme Court
C. Appellate Courts
D. Magistrate Courts
5. _____What are also known as US District Courts?
A. Trial Courts
B. Supreme Court
C. Appellate Courts
D. Magistrate Courts
6. _____How many US District Courts are there?
A. 84
B. 94
C. 104
D. 114
7. _____Which federal court’s decisions cannot be overruled?
A. Appellate Court
B. Trial Court
C. Magistrate Court
D. Supreme Court
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8. _____How many federal Circuit Courts are there?
A. 12
B. 13
C. 14
D. 15
9. _____How many justices make up the Texas Court of Criminal Appeals?
A. 6
B. 7
C. 8
D. 9
10. _____What federal court is usually made up of a panel of three judges?
A. Magistrate Court
B. Trial Court
C. Supreme Court
D. Appellate Court
11. _____What federal court decides which cases it will hear?
A. Magistrate Court
B. Trial Court
C. Supreme Court
D. Appellate Court
12. _____Which federal court determines if the district judge made a judicial error that could
have substantially affected the court’s decision?
A. Trial Court
B. Magistrate Court
C. Appellate Court
D. Supreme Court
13. _____Which federal court is the legal mediator for lawsuits between states and between
the United States and foreign countries; is the final authority for legal opinions
binding on the federal government; and is the court that other courts have to fall in
line with when it makes a ruling?
A. Trial Court
B. Magistrate Court
C. Appellate Court
D. Supreme Court
9
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14. _____Which federal court generally only agrees to decide cases where there is a
difference of opinion among the courts of appeals, or where there is an important
constitutional question or issue of federal law that needs to be clarified?
A. Magistrate Court
B. Trial Court
C. Appellate Court
D. Supreme Court
15. _____Which federal court tries Class A misdemeanors and petty offenses along with
performing duties such as issuing warrants and arraignments?
A. Appellate Court
B. Supreme Court
C. Magistrate Court
D. Trial Court
16. _____Which federal court hears appeals from defendants whose cases are based on a
claim that they were denied a fair trial or the law they were convicted under was
unconstitutional?
A. Trial Court
B. Appellate Court
C. Magistrate Court
D. Supreme Court
17. _____When does the Supreme Court have to review a case?
A. When a federal court has held an act of Congress to be constitutional
B. When an individual’s challenge to a state statute on federal constitutional
grounds is upheld by a state’s highest court of appeals
C. When a U.S. Court of Appeals has found a state statute to be constitutional
D. When a state’s highest court of appeals has ruled a federal law to be
constitutional
18. _____When was the Texas Supreme Court established?
A. 1814
B. 1825
C. 1836
D. 1977
19. _____What year was the Court of Criminal Appeals originally established?
A. 1850
B. 1876
C. 1905
D. 1977
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20. _____Which state court has final appellate jurisdiction in civil cases?
A. District Court
B. County Court
C. Court of Criminal Appeals
D. Texas Supreme Court
21. _____What year was the Court of Appeals given its new name and designed to relieve
the Court of Criminal Appeals caseload?
A. 1850
B. 1876
C. 1905
D. 1980
22. _____Which state court handles civil issues such as issuing marriage licenses and
settling small-claims suits?
A. Magistrate Court
B. District Court
C. Justice Court
D. Courts of Appeals
23. _____Which state court has final appellate jurisdiction in criminal cases?
A. District Court
B. County Court
C. Courts of Appeals
D. Court of Criminal Appeals
24. _____Which state court presides over Class A and Class B Misdemeanors?
A. County Court
B. District Court
C. Courts of Appeals
D. Court of Criminal Appeals
25. _____Which state court has intermediate appellate jurisdiction in criminal and civil
cases?
A. District Court
B. County Court
C. Court of Criminal Appeals
D. Courts of Appeals
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Criminal Justice System and the Courts Exam Key
1. C
2. D
3. A
4. C
5. A
6. B
7. D
8. B
9. D
10. D
11. C
12. C
13. D
14. D
15. C
16. B
17. B
18. C
19. B
20. D
21. D
22. C
23. D
24. A
25. D
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Name___________________________________
Date____________________
Criminal Justice System and the Courts Crossword Puzzle
Across
Down
4. The highest court in the federal system
7. There are 254 of these in Texas
11. Document that created the judicial branch
14. Type of case that deals with an individual’s
private rights
15. Court system that deals with United States laws
16. Type of case when someone is accused of
committing a crime
17. There are 18 Statutory _______Courts in Texas
18. Court that hears felony cases in Texas
19. Means by which federal judges are placed in
office
1. The Court of Criminal Appeals hears these
appeals in the state of Texas
2. There are two courts of last _______ in Texas
3. Hears cases of city ordinance violations
5. The Texas Supreme Court is located here
6. The Supreme Court's authority to decide what is
constitutional, as decided in Marbury v. Madison
8. Means by which judges in Texas are placed in
office
9. Justice of the Peace does not have to be a
licensed one of these
10. Court system that deals with state laws
12. Number of Supreme Court justices
13. What an appellate court hears from a lower
court
18. Two court systems in the United States
13
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Criminal Justice System and the Courts Crossword Puzzle Word Bank
Appeal
Appointed
Attorney
Austin
Civil
Constitution
Counties
Criminal
Death Penalty
District
Dual
Elected
Federal
Judicial Review
Municipal Court
Nine
Probate
Resort
State
Supreme Court
14
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Criminal Justice System and the Courts Crossword Puzzle Key
Across
Down
4. The highest court in the federal system
− Supreme Court
7. There are 254 of these in Texas −
Counties
11. Document that created the judicial
branch − Constitution
14. Type of case that deals with an
individual’s private rights − Civil
15. Court system that deals with United
States laws − Federal
16. Type of case when someone is
accused of committing a crime − Criminal
17. There are 18 Statutory _______Courts
in Texas − Probate
18. Court that hears felony cases in Texas
− District
19. Means by which federal judges are
placed in office − Appointed
1. The Court of Criminal Appeals hears
these appeals in the state of Texas −
Death Penalty
2. There are two courts of last _______ in
Texas − Resort
3. Hears cases of city ordinance violations
− Municipal Court
5. The Texas Supreme Court is located
here − Austin
6. The Supreme Court's authority to decide
what is constitutional, as decided in
Marbury v. Madison − Judicial Review
8. Means by which judges in Texas are
placed in office − Elected
9. Justice of the Peace does not have to
be a licensed one of these − Attorney
10. Court system that deals with state laws
− State
12. Number of Supreme Court justices −
Nine
13. What an appellate court hears from a
lower court − Appeal
18. Two court systems in the United States
− Dual
15
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
16
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
17
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
18
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
19
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