US Documents Assignment

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Liberty University *

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JURI 510

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Law

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Feb 20, 2024

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US Founding Documents and Court Systems Assignment Submitted to Dr. Leonard Brown In partial fulfillment of the requirements for the completion of JURI510 Introduction to Legal Systems and Research by October 26, 2023

The United States was created with a vision of freedom and equality by men who were looking to live in a country like no other. With freedom of religion being the basic foundation for the idea of America, the creation of a formal, structured government away from the rule of England, our founding fathers created three documents that would encompass our society. The Declaration of Independence, US Constitution, and Bill of Rights make up the core of America and encompasses both civil and common law. The United States Court system was built partially on Article III of the US Constitution with the intent to build a legal system that would ensure every citizen in America would have the opportunity to have fair and impartial justice. US Founding Documents The courts in the United States were created under Article III of the Constitution of the United States, US Const. art. 3, sect. 1. Federal and State Governments share legal powers, with the Constitution being the Supreme Law of America, Comparing Federal and State Courts, (Oct 24, 2023, 7:35 AM). The United States legal system is a blend of both common law and civil law, which begins with the Constitution. The term civil law is derived from the Roman term ius civile , which means citizens. In the 13 th and 14 th centuries, the hierarchy of social status reigned supreme, and those not fortunate enough to born into high social status found themselves often in slavery or servitude, Dana Zartner, The Culture of Law: Understanding the Influence of Legal Tradition on Transitional Justice in Post-Conflict Societies, McKinney Law (Oct. 24, 2023, 9:58 AM). Civil law in the United States has a

basis to allow all citizens to live together in harmony, Dana Zartner, The Culture of Law: Understanding the Influence of Legal Tradition on Transitional Justice in Post-Conflict Societies, McKinney Law (Oct. 5, 2023, 6:00 PM). The Constitution falls within Civil law, as it was drafted in order to ensure all citizens are represented in a court of law and have that court ensure justice is served. Common law is a legal system that operates on a basis of determining legal cases based on case law, custom, and legal precedent, and relies very minimally on statutes and other written law. Developed in the Middle Ages in England, it is a system America adopted from the English court system. The Constitution has a foundation supported by Common law as well, as it details the structure of our legal system, it does not provide guidance in how courts should apply law. It leaves an expectation that judges and other court officials will interpret and apply laws on a case by case basis. The Bill of Rights, which is contained within the first 10 Amendments of our Constitution goes further to apply a person’s basic rights as a human and to ensure their due processes in a court of law are fair, The Bill of Rights: What Does it Say? , America’s Founding Documents, National Archives (Oct 27, 2023 9:16 AM). The Declaration of Independence also provides guidance on the Common law system, as its core idea is that the government serves the American people, not its own interests, Jeffrey Rosen and David Rubenstein, The Declaration, the Constitution, and the Bill of Rights , National Constitution Center, (2023). It further puts into place that all men are created equal, that everyone have basic fundamental rights, and

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those rights will be protected by the nation’s government. This follows natural law, not law that is based on written ordinances and statutes. America’s legal system was created by our founding documents and is a balance of what the authors felt encompassed America’s values, traditions, and vision. COURT SYSTEMS COMPARED The federal court system in the United States is a hierarchy of courts based on its structure. The court system begins with the US District Courts, followed by the Circuit Courts of Appeal, and then the US Supreme Court, which is the highest court in the country. There are 94 District courts in the United States, which serve as the country’s federal trial courts, hearing both criminal and civil cases by jury, Court Role and Structure , UNITED STATES COURTS, (Oct 27, 2023 9:28 AM) https://www.uscourts.gov/about-federal- courts/court-role-and-structure. When these cases are appealed, they will be reviewed by one of the 13 Circuit Courts of Appeal, if the court feels an appellate matter exists. These courts have the power to reverse or affirm the decision from one of District Courts from their jurisdiction. Finally, as a final measure of the law, cases can be heard by the The Supreme Court if a party chooses. The Supreme Court is the final authority when it comes to matters of federal law and arguments over the Constitution, Court Role and Structure , UNITED STATES COURTS, (Oct 27, 2023 9:28 AM) https://www.uscourts.gov/about-federal-courts/court-role-and-structure. Within the Supreme Court sit 9 US justices who, when appointed by the

President of the United States, hold their positions for life. These appointments have a checks and balances system, as all appointments have to be confirmed by the US Congress. Court Role and Structure , UNITED STATES COURTS, (Oct 27, 2023 9:28 AM), https://www.uscourts.gov/about- federal-courts/court-role-and-structure. The Supreme Court again reviews the case placed before them to determine if an appellate issue exists. If so, the 9 Justices will review the case from both the District and Circuit files and makes a final ruling. The Texas Court system is similarly structured; however, it has additional levels of courts in an effort to meet the state’s judicial needs. Texas is comprised of Justice Courts, Municipal Courts, County-Level Courts, District Courts, Courts of Appeals with a separate Appeal Court for criminal cases, and a Supreme Court. As of October 2023, there are 2,802 courts in the state of Texas, with 3,203 judges or justices presiding over them, About Texas Courts , Texas Judicial Branch, (Oct 27 10:05 AM), https://www.txcourts.gov/media/1457010/court-structure-chart-october- 2023.pdf. The Justice and Municipal Courts handle small civil matters and criminal misdemeanors that are not punishable by jail time. The judges that preside over these cases are either elected in local elections or are appointed, with terms of 4 years, Statistics and Other Data , Texas Judicial Branch, (Oct 27 10:05 AM), https://www.txcourts.gov/media/1454620/judge- qualifications-and-selection-chart_07262022.pdf. County-Level Courts handle civil actions, criminal misdemeanors that may include jail time, juvenile

matters, and contested rulings from the lower Justice and Municipal Courts. Judges for these courts are elected in county elections with a term of 4 years or may be appointed if a Judge is needed in between elections. The Texas District Courts handle civil and divorce cases, felony criminal cases, and juvenile matters. These Judges are elected in a district wide election with a term of 4 years. If a Judge is needed in between elections, they are appointed by gubernational appointment which includes consent from the State Senate. Cases needing the be reviewed for appeal from District Courts are sent to the Texas Court of Appeals. Within these Court of Appeals is 1 Criminal Appeal court, which is the highest authority when it pertains to criminal appeals. Texas has 15 Court of Appeals total, with each court being overseen by 1 Chief Justice and anywhere from 2 to 12 additional Justices. These Justices are placed similarly to District Court Judges, as they are elected via district elections and appointments require Senate approval. The term for Court of Appeals Justices is 6 years. The Texas Supreme Court, much like the US Supreme Court, is the highest court authority in the state. The Supreme Court of Texas has one Chief Justice and 8 Justices. They are state elected, and any appointment of a Justice in between elections require Senate approval. The term for the Justices is 6 years. Although there are additional levels of courts within Texas, the system is structured quite similarly then the Federal system. One notable difference is the terms of the Justices in the Supreme Court, as they are not appointed for life. Additionally, the people of Texas determine firsthand who will be serving in these courts,

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which can be argued places a level of accountability to the citizens of Texas in the forefront. Lastly, the State of Texas does not have a court that will rule over issues that derive from the Constitution, as these issues are heard by our Federal Courts of Appeal. Any cases from Texas that have been determined to qualify for examination of a Constitutional issue can be filed with the US Court of Appeal. CONCLUSION Our founding documents not only work to ensure its citizens Constitutional rights are protected, they also serve to protect a person’s rights in a court of law, and allow states to handle matters within its unique boundaries. It provides a multi-faceted way to ensure the people of this country may live amongst one another, hold each other accountable, and look to the Federal Court System if need be.

US Documents Assignment

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