Chaoter 13 lesson 4
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School
Texas Tech University *
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Course
MISC
Subject
Law
Date
Nov 24, 2024
Type
Pages
3
Uploaded by PresidentWillpowerWallaby21
Imagine you are considering a career in law. You know it would be helpful to see lawyers, judges, court reporters, bailiffs and others in action, so you decide to observe a court in session. But you do not want to see just any kind of trial. You want to observe a specific type of case. Look at each of the types of cases below and determine whether you are most likely to see them in a state court, a federal court, or either court. An adoption hearing: State court
A case involving someone accused of tampering with U.S. mail:
Federal court
A lawsuit involving an amusement park ride that broke: State court
A case involving unsafe conditions in a public housing property:
State court
A trial about murder that may have been motivated by hatred toward a specific group: State court
A case in which a foreign government is accused of hacking into the computers of a major U.S. bank: Federal court
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What are tribal courts and military courts? Why do they fall outside the federal and state court systems?
Tribal courts and military courts are both specialized courts that fall outside the federal and state court systems. They are designed to meet the unique needs of their respective communities.
Tribal courts are established by Native American tribes to hear cases involving both Native Americans and non-Native Americans. They have jurisdiction over a wide range of matters including criminal, civil and domestic relations cases. Tribal courts are important to the preservation of tribal self-government and culture.
Military courts are established by the federal government to hear cases involving members of the armed forces. They have jurisdiction over offenses committed under the Uniform Code of Military Justice (UCMJ). Military courts are important to maintaining discipline and order within the armed forces.
Both tribal courts and military courts are independent of the federal and state court systems because they are designed to address the specific needs of their respective communities. Tribal courts are subject to federal law but they are not subject to the control of state or federal courts. Military courts are subject to federal law but they are not subject to the control of civilian courts.
Attach a graphic organizer or your notes where you list the types of courts and the kinds of cases each court hears.
Attach your Challenges in State and Local Court Systems video worksheet. What are some of the challenges faced by Massachusetts’s civil court system?
Budget cuts have led to a loss of almost 800 employees, causing delays in cases like business disputes, divorces, and custody cases. Judges are overworked and understaffed and they are struggling to keep up with the caseload.
What was the justification a legislator gave to recently retired Massachusetts judge Mary Manzi for cutting court budgets, and do you agree? Why or not?
Some legislators have justified cutting court budgets by arguing that not that many people use the courts on a percentage basis. However Judge Manzi argues that this is a flawed justification as it is similar to saying that you don't need an emergency room because not everyone uses it every year. The justice system is an essential part of society and it needs to be adequately funded in order to function properly.
What are some findings from investigations into Texas’s death sentence cases?
Trial Courts
State Trial Courts: Original jurisdiction: Hear cases for the first time. Examples: County courts, district courts. Federal Trial Courts: Limited original jurisdiction: Hear certain types of cases for the first time, such as federal crimes, bankruptcy and patent infringement. Examples: U.S. District Courts.
Appellate Courts
State Appellate Courts: Review decisions of state trial courts. Examples: State Courts of Appeals. Federal Appellate Courts: Review decisions of federal trial courts. Examples: U.S. Courts of Appeals.
Supreme Courts
State Supreme Courts: Highest court in a state court system. Reviews decisions of state appellate courts. U.S. Supreme Court: Highest court in the federal court system. Reviews decisions of federal appellate courts and has original jurisdiction over certain types of cases.
Some convictions have been based on the testimony of jailhouse snitches.
Some defense attorneys have been found to be incompetent or have offered little defense for their clients.
These flaws in the system have led to wrongful convictions and executions.
Why does Governor Bush think that Texas’s death penalty system is fair?
Governor Bush believes that Texas's death penalty system is fair because defendants have full access to the courts and have the opportunity to have a fair trial. He also pointed to the Tatsache that Ricky McGinn was granted a stay of execution so that DNA tests could determine his guilt.
However, the investigations into Texas's death sentence cases have uncovered numerous flaws in the system suggesting that it is not as fair as Governor Bush believes it to be. These flaws have led to wrongful convictions and executions and they raise serious concerns about the fairness of the death penalty in Texas.
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