Justice, Magistrate & Municipal Courts

• The court system differs depending on the size and population of an area.

Justice Courts

• Also known as a local court
• The judge is called a justice of the peace
• Handles less serious crimes known as misdemeanors
• Cases are heard and decided by a judge or justice of the peace, without a jury
• Voters elect the judges
• Crimes such as minor theft or breaking and entering are heard in this court

Magistrate Courts

• Larger towns may have police courts or magistrate courts
• Handle minor cases, such as traffic violations or disturbing the peace
• Civil cases involving small sums of money, usually less than $1,000, may be heard
• Convictions typically carry a small fine or short jail term
• Civil cases occur when a person or group takes legal action against another person or group.

Municipal Courts

• Larger cities have municipal courts
• These courts are divided into specialized areas like Traffic, Juvenile, and Small Claims Courts
• Small claims courts decide civil cases involving less than $1,000
• Plaintiffs (people filing lawsuits) and defendants (people being sued) represent themselves without attorneys

General Trial Courts

• Second level of state courts
• Hear more serious crimes, called felonies
• Handle civil cases involving large amounts of money
• The second level general trial court may be called a district court, county court, common pleas court, circuit court, or superior court, depending on the state
• Defendants charged with felonies like murder, armed robbery, and drug trafficking go on trial in general trial courts
• Trials may be held before a jury; the judge ensures that the trial is conducted fairly and lawfully

Appellate Courts

• These courts review decisions made by trial courts
• Appeals courts do not have juries
• Cases are decided by a panel of judges via majority vote
• Most states have intermediate appeals courts
• The lower court's decision can be overturned if judges find evidence that the defendant did not have a fair trial

Supreme Court

• Serves as the court of last resort in most states
• Reviews decisions of appeals courts
• Supervises all courts within the state
• Interprets the state's constitution and laws
• A successful appeal requires a majority vote from the judges hearing the case
• State supreme court decisions are final, except in cases involving federal law or the U.S. Constitution

Selection of Judges

• State judges can be elected, appointed, or chosen through a combination of both methods.
• Some judges are elected by popular vote in either partisan (affiliated with a political party) or nonpartisan (unaffiliated with a political party) elections
• Others are elected by the state legislature or appointed by the governor
• Some states appoint judges for life; others for a set number of years
• The governor appoints a judge from a list prepared by a commission however, voters either reject or confirm the appointed judge in other states through a combination of appointment and popular election