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... ) Has to be a diversity of citizenship
- Parties are from different states (or from another country)
- must be $75,000 or more
- Three Levels
- U. ... It is the Secretary of States duty to deliver the commissions; however Madison, Jefferson’s S. ... Marbury asks the Supreme Court to issue a Writ of Mandamus ordering Madison to deliver his Commission papers, based on his appeal by the 1789 judiciary act that states the Supreme Court has the power to issue such writs. ... Jefferson’s belief that the states had the right to declare laws unconstitutional was shot down by the Supreme Court. Won the battle but lost the war
- Judicial activism
- Liberal doctrine that espouses the belief that the courts should take on active role in checking the powers of the executive and legislative branches
- Judicial constraint
- Conservative doctrine that says the judicial branch should defer to the executive and legislative branches when crafting national policy
- Checks on the courts powers
- Members are appointed but eh president
- confirmed by Senate
- No powers of enforcement
- depends on congress, president, and society to enforce rulings
- legislative branch has to implement funds to back courts decision
- Congress and states can amend the constitution
- stays pretty near to public opinion
Texas
Local Courts
- Municipal – fine cannot exceed $500 and there is no possibility for jail time
- Appointed by cities governing body
- Justice of the Peace - civil and criminal cases (without possibility of prison sentence
- elected by voters in precinct (serves for 4-years)
- County courts – more the $500 and jail time can be imposed
- can hear appeals from lower courts
- elected to 4 year terms
- Salaried by county
All judges are not required to have legal/judicial training
- “well informed in the laws of the state”
District Courts
- Principal trial courts in TX
- 396, all numbered
- judges must be attorneys licensed to practice in TX
- elected to 4-yr terms, vacancies are filled by governor
- Appealed to District court of appeals
District Court of Appeals
- only cases not appealed to this court are death penalty cases
- 14 in TX
- only review evidence from District court trial (no testimony or trial)
- judges must be 35 years old with 10 years of legal experience as either an attorney or judge
Court of Criminal Appeals same TX Supreme Court
Handles criminal cases only civil cases
9 justices
judges have same
qualifications as Court
of Appeals
can remove judges for misconduct
can issue writs of Mandamus to
state officials
appoints a board of examiners
to prepare the BAR exam
determines who passes the bar and
certifies them
approves new law schools
Approximate Word count = 1377
Approximate Pages = 5.5
(250 words per page double spaced)
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