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The Judiciary

The Judiciary. Chapter 10. Maxwell & Crain. The Judiciary. Civil & Criminal Cases Civil cases: Deal primarily with individual or property rights Involve the concept of responsibility but not guilt Plaintiff/petitioner is often a private party Defendant /respondent is often a private party

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The Judiciary

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  1. The Judiciary Chapter 10 Maxwell & Crain PPT by Teresa Nevárez

  2. The Judiciary Civil & Criminal Cases • Civil cases: • Deal primarily with individual or property rights • Involve the concept of responsibility but not guilt • Plaintiff/petitioner is often a private party • Defendant /respondent is often a private party • Determination of responsibility must be proven by preponderance of the evidence • Final remedy is relief from or compensation for the violation of legal rights

  3. The Judiciary • Criminal cases: • Deal with concepts of proper behavior and morality • A plea of guilty or not guilty is entered • Case is initiated by government prosecutor on behalf of the public • Specific charges of wrongdoing are spelled out in a grand jury indictment or a writ of information • Guilt must be proven beyond reasonable doubt • Determination of guilt results in punishment

  4. Original & Appellate Jurisdiction • Original Jurisdiction is the power to try a case being heard fro the first time • Judge oversees procedure • Jury evaluates the evidence • Appellate jurisdiction: • The power of a court to review the decisions of a lower court • It does not involve a new trial • Proceedings are based on law, not fact • A reversal means that the legal process was improper • An individual waives the right against doubled jeopardy by appealing the case

  5. Court Structure of Texas

  6. Court Structure of Texas Sometimes an action may have both civil and criminal overtones • Municipal Courts • Original jurisdiction over violations of city ordinances • Handles minor violations of state law • Class C misdemeanors • Punishment is a fine of $500 or less • It does not include a jail sentence • 82% of cases are traffic & parking violations • Normally not courts of record • Judges qualifications are set by the city charter

  7. Court Structure of Texas Cont. • Justice of the Peace Courts (small claims or people’s court ) • Judges are elected for 4 year terms • Commissioners determine how many justices of the peace shall be elected • Jurisdiction over criminal cases where the fine is under $500 • Civil matters extend to cases where the dispute involves less than $5,000 • Issue warrants for search and arrest • Conduct preliminary hearings • Qualification for justices is to be a registered voter • If not a licensed attorney, a 40-hour course is required

  8. Court Structure of Texas Cont. • County Courts • Each county of the 254 counties in Texas has a county court • Judges are elected for 4 years • Justices must be “well informed in the law of the state” • Law degree not required • They handle probate and other civil matters • Disputed amount is between $200-$5,000 • Criminal jurisdiction is confined to serious misdemeanors • Punishment is a fine over $500 or a jail sentence • There are 222 auxiliary statutory county courts at law • Judges are elected for 4 year terms • 2/3 of cases filed are criminal cases

  9. Court Structure of Texas Cont. • District Courts • Chief trial courts of the state • Single-judge courts • Judge is elected for 4-year terms • Must be at least 25 years of age • A resident of the district for 2 years • A citizen of the U. S. • A licensed practicing lawyer or judge for 4 years • District courts posses original jurisdiction in felony cases • Civil cases where the matter of controversy exceeds $200 may be tried here • Juvenile cases are usually tried here

  10. Court Structure of Texas Cont. Plea bargain is often used to dispose of criminal cases • Courts of Appeal • There are 14 of these courts • Hear appeals for both civil and criminal cases • Judges are elected for 6-year terms • Candidates must be at least 35 years of age • Minimum of ten years experience as a lawyer or judge is required

  11. Courts of Appeal Districts

  12. Court Structure of Texas Cont. Only Texas & Oklahoma have a split supreme court system • Court of Criminal Appeals: • This is the highest state appellate court in criminal matters • Judges are elected for 6-year overlapping terms • Candidates must be at least 35 years old • Judges must be lawyers or judges from a lower court with ten years experience • Jurisdiction over automatic appeals in death penalty cases • Capital punishment was restored in the U.S. since 1976 • Texas has executed far more individuals than any other state

  13. Court Structure of Texas Cont. • Supreme Court • Final court of appeals in civil and juvenile cases • Original jurisdiction over issuance of writs and the conduct of proceedings for involuntary retirement or removal of judges • It makes the rules governing licensing of members of the state bar • Judges must be: • 35 years of age • Citizens of the U.S. • Residents of Texas • Candidates must be lawyer or judge of a court of record for at least ten years.

  14. Court Structure of Texas Cont. Juries: Frequency of their use is declining • Grand Jury: A twelve person jury who sits in pretrial proceedings to determine if sufficient evidence exists to try an individual • Indictment: A formal written accusation issued by a grand jury against a party charged with a crime • True Bill: An indictment already approved by a grand jury • Petit (Trial) Jury: a jury in a civil or criminal trial • County courts have 6-person juries • District courts have 12-people juries • Jury panels are selected from driver’s licenses lists

  15. Court Structure of Texas Cont. • Exemption for jury service: • Persons over 70 years of age • Students • Women with custody of a child under the age of 10 • Hung Jury • A jury that is unable to agree on a verdict after a suitable period of deliberation • Selection of Judges • Most states elect judges • Some states allow the governor to appoint judges • Few states let the legislature make the selection

  16. Court Structure of Texas Cont. • Selection of Judges Cont.: • Merit Plan (Missouri Plan) • Selection of judges on the basis of their merit/quality of the candidate • Appointees later face retention election • Governor fills court vacancies from a list provided by a judicial commission • Those selected hold their posts for at least one year • Names are put on a retention ballot • Voters choose to keep them or not

  17. Court Structure of Texas Cont. • Texas elects its judges • 50% of judges assume office through appointment to fill vacancies • Most polls indicate that voters are unaware of candidates’ qualifications or experience • Voters use party identification or name familiarity as cues to determine how to vote • At large election of district and county judges made lections of minorities difficult

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