Studied by 17 people
Adversarial proceeding
competing interest, where there is a plaintiff and defendant. Plaintiff is the "interest" that has a standing to sue
arraign
Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him an entering of plea. This hearing may be combined with right to counsel hearing.
Bail
The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.
Bond
A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the debt, conditioned, that the payment of the penalty may be avoided by the performance of certain acts by one or more of the parties
Capias
A type of arrest document issued by the court charging the offender with a violation of a court order or court process of contempt of court
Class Action
All parties that are affected the same. Must have a “serious interest” in case. Can lead to Punitive damages, if court finds in favor of plaintiff and can prove that defendant was negligent
Deferred adjudication
Form of Plea deal. Final judgment is delayed/ deferred for later time
De Novo
new trial by different tribunal (court and jury)
Defendant/Plaintiff
The party the suit is aimed at. The party initiating the suit Example: Texas v. Jones (Texas is the plaintiff/ has the standing to sue. Jones is the defendant) Smith v. Jones (Smith is the plaintiff/ has the standing to sue. Jones is the defendant)
Demurrer
A motion to dismiss a case because the claim is legally insufficient
in loco parentis
the state must act in the place of the parent to protect the interests of the child
nolo contendere
No Contest, Mercy of the Court
Parens patriae
the state has an inherent power to protect persons legally incapable of protecting themselves
Stare decisis
The rule of precedent; an appeals court refuses to hear an appeal due to ruling on a similar issue before
Tort
In common law jurisdictions, where there is a civil wrong. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm.
Voir Dire
(Vwaar Deer: To speak Truth): Attorneys speaking to prospective jurors to identify who cannot be fair and impartial
Venire
(Venire Facias): Prospective Jurors drawn by random selection. Jury Duty
fiduciary
A person who has a legal and ethical duty to act in the best interests of another person. Examples include an executor or a guardian
Expungement
A process by which a record, or a portion thereof, is officially erased or removed after the defendant is not convicted
Traceys Rule
Beginning at UTSA; Requires the Title IX coordinator at each prospective transfer-athlete's previous colleges to sign a form stating if the athlete was involved in any investigations for offenses such has sexual assault and domestic violence. This was a watershed moment for UTSA. First university in the country!
Jennas Law
State Senate unanimously passes making it the first child sexual abuse prevention law in the US. Mandating K-12 Sexual abuse training for students, school staff and caregivers
Kates Law
Senators Cruz and HOR Salman passed into law the Mandatory Minimums for Illegal Reentry Act of 2015, also known as Kate's Law. Unfortunately the HOR did not pass over the objection of Sanctuary city status that did pass
Davids Law
The bill classifies cyberbullying as a misdemeanor, allows courts to issue subpoenas to unmask people who anonymously harass minors online and requires public schools to report and intervene in any suspected cyberbullying cases. It also allows victims to sue cyberbullies’ parents if the parents could have intervened but didn't
Sharon Keller
"We Close At Five"- got reprimanded, appealed it then got re-elected 3 more times
Writ of Mandamus
an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion
How are judges in the PMP
Formulation and evaluation- through their interpretation of the law
Which article establishes the courts?
Article 5
What is the standard of proof for a civil case
preponderance of evidence
Default for civil case
bench trial- trial by judge (no jury)
Standard of proof for criminal cases
Beyond reasonable doubt
Grand Jury
jury of citizens used as a screening mechanism to determine if case is worth the court hearing
Petit jury
determine innocence or guilt
Who disciplines judges ?
State Commission on Judicial Conduct
Trial Courts (briefly)
localized, citizen participation, concerned with the facts of the case
Appellate Courts (breifly)
Centralized, limited citizen participation and are concerned with points of law and procedure
Merit/Missouri System
Governor appoints judges from a list of acceptable ppl written by a judicial board. Retention election is to vote to keep or remove judge
District Court
Court of original jurisdiction, 1st to hear a case
District court cases
felonies and higher level civil cases
County Court-at-Law
relieves constitutional county court congestion
Justice of the Peace Courts (JP)
minimum of one per county, can provide coroner functions
Texas attitude on crime
Frontier justice, tough on crime
primary law enforcement at county level
county sheriffs office, each county is required to elect county sheriff
Clarence Brandley
Janitor who was wrongfully convicted of murder and exonerated. Wrong place, wrong color
Micheal Morton
Wrongfully accused of killing his wife, exonerated after 25 years in prison
Justice for All Act
provides financial compensation for being wrongfully convicted. $80,000 per year incarcerated, $100,000 per year on death row
Sandra Bland Act
outside agency needs to investigate prison suicide
Class action lawsuit
a. A lawsuit that effects a large group of people (“Ads that say, have you’ve been affected by this?”, water quality, gas leak)
Brady Rule
prosecutor must include any exculpatory evidence
Note 
Flashcard (335)