Transcript Chapter 9

COURTS OF LIMITED JURISDICTION AND
SPECIALIZED COURTS
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Process a significant number of cases
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Courts that people are most likely to encounter
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Most pervasive U.S. courts
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“The People’s Courts”
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Federal Courts
 Article III Courts
 Article I Courts
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State Courts
 Magistrates’ Courts
 Municipal Courts
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Established by the judicial article
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U.S. Court of Claims
 Meets in Washington D.C.
 Hears suits filed against the federal government
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U.S. Court of International Trade
 Meets in New York City
 Hears cases regarding tariff and international trade disputes
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Created by authority given to Congress
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U.S. Magistrate Judges
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U.S. Tax Court
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Judicial adjuncts to federal district judges
Appointed by district judges
Handle warrants, initial appearances, and some hearings
Cases that involve tax payments
Disputes over amount of taxes paid and owed
Bankruptcy Courts
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Exclusive jurisdiction over personal and business bankruptcy
May involve financial restructuring or liquidation
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U.S. Court of Military Appeals
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U.S. Court of Veterans’ Appeals
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46 states have courts of limited jurisdiction
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Many have merged with justice of the peace offices
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Magistrates’ Courts
 Elected
 Have regular offices and courtrooms
 Paid a salary
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Municipal Courts
 Traffic cases
 Violations of municipal ordinances
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Authority given by the state constitution or legislature
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Small claims court
 Minor civil disputes
 Landlord/tenant, consumer credit disputes
 Jurisdiction set at a specific dollar amount
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Criminal Cases
 Hear and dispose of misdemeanor cases
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Traffic cases
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City ordinance violations
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Simple assault, drunk driving
 Punishment is a fine and/or jail time up to one year
 “Front-end” responsibility for felony cases
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Issue warrants
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Conduct initial and preliminary hearings
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Responsible for adjudicating vast majority of cases
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Not courts of record
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Both sides often without attorney representation
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Most are bench trials
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Many states allow for lay judges
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Courts are frequently criticized by the public
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Tort Claims
 Private or civil wrong
 Claims below a certain dollar amount
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Breaches of Contract
 Consumer credit loans and landlord/tenant disputes
 Claims below a certain dollar amount
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Probate Cases
 Disposition of wills and inheritance issues
 Often complex cases
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First created in Cook County, Illinois
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Idea that children should be treated differently than adults
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Doctrine of parens patriae
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Age Jurisdiction
 Minimum age to take jurisdiction
 Maximum age of jurisdiction
 Age at which juveniles can be tried as adults
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Subject Matter Jurisdiction
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Delinquency
Dependency
Neglect
Status Offenses
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Annulments
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Divorces
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Paternity suits
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Custody disputes
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Child support
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Wills
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Inheritances
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Legal affairs of orphans
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Adoptions
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Mental Health
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Property Transfers
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Tax Courts
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Police Courts
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Water Courts
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Mayor’s Courts
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Administrative Courts
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Housing Courts
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Land Courts
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Workers’ Compensation Courts
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Court of Claims
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Environmental Courts
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Extends specialized courts into dealing with social problems
Principles utilized by ancient cultures and American Indian
societies
Emerged in the U.S. around 1989 with the creation of a drug
court in Miami, Florida
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Emphasizes therapeutic relationships
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Motivates offenders to correct behavior patters
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Has encountered both criticism and support
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Gained acceptance of many judges and attorneys
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Led to the creation of other courts dealing with social issues
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Teen/youth courts
Mental health courts
Domestic violence courts
Firearms/gun courts
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Treatment integration into traditional case processing
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Attorneys operate in a non-adversarial mode
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Participants placed in program early in legal process
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Array of available treatment and rehabilitation services
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Frequent drug and alcohol testing
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Coordination among judges, attorneys, and treatment personnel
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Judges maintain ongoing contact with participants
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System to monitor and evaluate outcome effectiveness
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Interdisciplinary educational effort
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Courts work with public agencies and community organizations to promote support
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Defendants should not be required to plead guilty to receive drug court
treatment
Prosecutors should surrender their role as gatekeepers, and admission
criteria should be objective and fair
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Drug courts must incorporate strong ethical frameworks
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Drug courts should be used only for high-risk clients
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There should be rigorous research efforts to establish that drug courts are
open to all appropriate clients