Ch10 - The TX Court System

Question 1

Jurisdiction

Answer 1

the power of a court to hear a case

Question 2

Civil cases

Answer 2

disputes between 2 or more private parties that are not criminal in nature

the court is asked to enforce a private right or to require the defendant to pay

Question 3

Plaintiff

Answer 3

the person or entity that initiates a civil lawsuit
listed 1st

Question 4

Defendant

Answer 4

the person charged with a crime or the subject of a civil suit
listed 2nd

Question 5

Civil Law

Answer 5

law that deals with private rights and seeks damages rather than punishment

Question 6

Criminal Law

Answer 6

law that regulates individual conduct and seeks to protect society by punishing criminal acts

distinguished from civil law by being structured and codified

Question 7

Critical distinction between civil and criminal law

Answer 7

the burden of proof
civil: preponderance
criminal: beyond a reasonable doubt

Question 8

Preponderance

Answer 8

the majority of evidence in a civil case

Question 9

Beyond a reasonable doubt

Answer 9

burden of proof on the state in a criminal case

Question 10

Prosecutor

Answer 10

a government employee who initiates criminal cases against individuals

Question 11

Two types of courts

Answer 11

trial and appellate

Question 12

Original jurisdiction

Answer 12

the authority of a court to try a case for the 1st time.

Question 13

Function of the trial level courts

Answer 13

1. Determine the facts of the case
2. Apply the existing law to reach a verdict

Question 14

The Municipal Courts

Answer 14

933 courts
Class C misdemeanors and state law violations
Fines may not exceed $500
City ordinance violations
Most judges are appointed by city council

Question 15

Ordinance

Answer 15

A law enacted by incorporated cities and towns; violation punishable only by fine and heard in municipal court

Question 16

The Justice Court

Answer 16

Small claims court
806 courts
Presided by a justice of peace, a locally elected judicial official
Civil cases: amount in dispute <10K
Criminal cases: punishable by fine only
JP: arraignments, coroner, notary, marriage ceremonies

Question 17

The County Courts

Answer 17

County courts at law and constitutional county courts
Hear both criminal and civil cases.
Class A and B misdemeanors
Personal injury lawsuits and tax disputes
In criminal cases, defendants have the option of choosing either a bench trial or a jury trial.
Judges are chosen in countywide partisan elections/ 4 year terms

Question 18

Bench trial

Answer 18

A criminal trial that is held w/o jury, as requested by the person charged

Question 19

The District Courts

Answer 19

Highest-level trial courts
both criminal and civil jurisdiction
A majority of the court’s criminal cases are disposed of by plea bargaining
No limit to monetary damages a plaintiff may seek
Judges are elected to 4 year terms & run in partisan elections (25-74 years old) licensed attorneys

Question 20

Plea bargaining

Answer 20

A process in which the accused receives a lighter sentence than could be expected from a trial verdict in exchange for a guilty plea.

Question 21

Appellate Courts

Answer 21

Courts that hear appeals from lower courts

Question 22

3 Conclusions of the Appellate Courts

Answer 22

1. Uphold: leaves ruling intact
2. Reverse: overturns a lower court and enacts a final verdict
3. Remand: overturns the lower court and orders a new trial

Question 23

Intermediate courts of appeal

Answer 23

All appeals, except capital murder cases in which defendant is sentenced to death
Death penalty cases get an automatic review to the court of criminal appeals
14 courts

Question 24

Dual Supreme Courts

Answer 24

TX SC: civil cases
TX court of criminal appeals
A chief justice and 8 associate justices preside over each court
Almost all cases are heard en bane
Judges are elected in statewide elections, overlapping 6 year terms

Question 25

En bane

Answer 25

When an appellate court convenes all of its members to hear an appeal

Question 26

Judicial activism

Answer 26

a philosophic approach dictating that the purpose of the courts is to take an active role in public policy making

Question 27

How judges are selected

Answer 27

Highly politicized
The judges are required to identify with a political party
Most judge raise most of their campaign money from attorneys who do biz before their court
Governor can appoint judges in the event that a vacancy occurs between elections (7/9 judges in the SC)

Question 28

Missouri Plan

Answer 28

Judicial election reform
1. List of qualified individuals submitted to the governor
2. The governor appoints the judges for a 4 year term
3. At the end of the term, voters decide.

Question 29

Reforms for Texas Judicial system

Answer 29

Court structure: abolish TX court of criminal appeals
Judicial selection: legislators appoint the judges
Nonpartisan judicial elections
No straight ticket voting: force voters to choose candidates over party affiliations