Chapter 5 and 6

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