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CHAPTER NINE

CHAPTER NINE. COURTS OF LIMITED JURISDICTION AND SPECIALIZED COURTS. Introduction. Process a significant number of cases Courts that people are most likely to encounter Most pervasive U.S. courts “The People’s Courts”. Structure of Limited Jurisdiction Courts. Federal Courts

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CHAPTER NINE

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  1. CHAPTER NINE COURTS OF LIMITED JURISDICTION AND SPECIALIZED COURTS

  2. Introduction • Process a significant number of cases • Courts that people are most likely to encounter • Most pervasive U.S. courts • “The People’s Courts”

  3. Structure of Limited Jurisdiction Courts • Federal Courts • Article III Courts • Article I Courts • State Courts • Magistrates’ Courts • Municipal Courts

  4. Article III Courts • Established by the judicial article • U.S. Court of Claims • Meets in Washington D.C. • Hears suits filed against the federal government • U.S. Court of International Trade • Meets in New York City • Hears cases regarding tariff and international trade disputes

  5. Article I Courts • Created by authority given to Congress • U.S. Magistrate Judges • Judicial adjuncts to federal district judges • Appointed by district judges • Handle warrants, initial appearances, and some hearings • U.S. Tax Court • Cases that involve tax payments • Disputes over amount of taxes paid and owed • Bankruptcy Courts • Exclusive jurisdiction over personal and business bankruptcy • May involve financial restructuring or liquidation • U.S. Court of Military Appeals • U.S. Court of Veterans’ Appeals

  6. State Courts • 46 states have courts of limited jurisdiction • Many have merged with justice of the peace offices • Magistrates’ Courts • Elected • Have regular offices and courtrooms • Paid a salary • Municipal Courts • Traffic cases • Violations of municipal ordinances

  7. Operations of Limited Jurisdiction Courts • Authority given by the state constitution or legislature • Small claims court • Minor civil disputes • Landlord/tenant, consumer credit disputes • Jurisdiction set at a specific dollar amount • Criminal Cases • Hear and dispose of misdemeanor cases • Traffic cases • City ordinance violations • Simple assault, drunk driving • Punishment is a fine and/or jail time up to one year • “Front-end” responsibility for felony cases • Issue warrants • Conduct initial and preliminary hearings

  8. Court Features • Responsible for adjudicating vast majority of cases • Not courts of record • Both sides often without attorney representation • Most are bench trials • Many states allow for lay judges • Courts are frequently criticized by the public

  9. Types of Cases Heard by Lower-Level Courts • Tort Claims • Private or civil wrong • Claims below a certain dollar amount • Breaches of Contract • Consumer credit loans and landlord/tenant disputes • Claims below a certain dollar amount • Probate Cases • Disposition of wills and inheritance issues • Often complex cases

  10. Juvenile Courts • First created in Cook County, Illinois • Idea that children should be treated differently than adults • Doctrine of parenspatriae • Age Jurisdiction • Minimum age to take jurisdiction • Maximum age of jurisdiction • Age at which juveniles can be tried as adults • Subject Matter Jurisdiction • Delinquency • Dependency • Neglect • Status Offenses

  11. Family/Domestic Relations Courts • Annulments • Divorces • Paternity suits • Custody disputes • Child support

  12. Probate Courts • Wills • Inheritances • Legal affairs of orphans • Adoptions • Mental Health • Property Transfers

  13. Other Specialized Courts • Tax Courts • Police Courts • Water Courts • Mayor’s Courts • Administrative Courts • Housing Courts • Land Courts • Workers’ Compensation Courts • Court of Claims • Environmental Courts

  14. Therapeutic Jurisprudence • 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

  15. Drug Court Model • Emphasizes therapeutic relationships • Motivates offenders to correct behavior patters • Has encountered both criticism and support • Gained acceptance of many judges and attorneys • Led to the creation of other courts dealing with social issues • Teen/youth courts • Mental health courts • Domestic violence courts • Firearms/gun courts

  16. Drug Court Model Elements • Treatment integration into traditional case processing • Attorneys operate in a non-adversarial mode • Participants placed in program early in legal process • Array of available treatment and rehabilitation services • Frequent drug and alcohol testing • Coordination among judges, attorneys, and treatment personnel • Judges maintain ongoing contact with participants • System to monitor and evaluate outcome effectiveness • Interdisciplinary educational effort • Courts work with public agencies and community organizations to promote support

  17. NACDL Recommendations • 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 • Drug courts must incorporate strong ethical frameworks • Drug courts should be used only for high-risk clients • There should be rigorous research efforts to establish that drug courts are open to all appropriate clients

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