pols 2312 final exam (ch. 10, 11, 12, 13, 14)

state and local courts established

1824 and 1827 by mexico

what divides the judiciary in texas into many types of courts

texas constitution article 5

who has the greatest number of courts in the nation?

texas

jurisdiction

official territory and types of cases over which a court exercises authority

types of jurisdictions

original, appellate, exclusive, concurrent

original jurisdiction

the court in which the case is first heard. typically supreme court for high profile cases or those involving ambassadors

appellate jurisdiction

higher courts with appellate jurisdiction review the decisions of lower courts.

criminal cases

government brings charges against a defendant accused of breaking a law

defendant

an individual or group being sued or charged with a crime

civil cases

conflict between two parties. standard of proof is lower in civil cases

litigants

people engaged in a lawsuit

preponderance of evidence

quality > quantity of evidence

felony

highest stage of crime under state or federal law

misdemeanors

a minor wrongdoing

common law / judge-made law

legal precedents derived from previous judicial decisions

how do texas courts interpret law?

texas constitution, legislation, common law / judge-made law

how does the judicial branch check the other two branches?

clarification of law, checking legislature and executive branches, defining state interests, advancing people rule

levels of trial courts in texas

local, county, state

municipal court

original and exclusive jurisdiction over violations of city ordinances and class c misdemeanors

justice courts

small claims courts, crimes punishable by fine, civil actions <$10,000

constitutional county courts

beer & wine license, mental hospital admittance, juvenile work permits, etc (Administrative functions)

statutory county courts

original jurisdiction on civil matters $200-$200,000, and appellate jurisdiction in cases appealed from other trial courts.

probate courts

administers wills and estates

state district courts

major criminal cases. original jurisdiction in all divorce cases, land title cases, and cases that do not fall under the jurisdiction of any other court.

bench trial

trial in which a single judge presides and decides guilt or innocence and punishment

jury trial

trial where verdict is based on a group of individuals

how come conviction rates for judge trials are higher than jury trials

juries may have less understanding of not only the law but may be biased based on other factors

appellate courts

courts that review legal issues of cases devided by lower courts.

amicus curae briefs

"Friend of the court." A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome.

judge opinions

explanations from judges of reasoning or disagreement.

what percentage of cases make it to appellate court?

less than 10 percent

types of appellate courts

intermediate appellate courts, and courts of last resort

intermediate appellate courts

examination of uncorrected errors- requires mandatory review, such as death penalty cases

en banc hearing

hearing where all justices of the court are made to hear and consider the case

appellate courts of last resort

supreme court and court of criminal appeals

texas court of criminal appeals

final determinations of all criminal matters.

texas supreme court

highest civil court in texas. deals primarily with civil matters and juvenile justice.

why does texas have 2 supreme courts

faster outcomes, more opportunity to influence legal systems

dual structure

cases are sorted by type of issue (supreme or court of criminal)

caseload

a judge's or court's workload of cases in a period of time

case disposal

when a case is off of a court's caseload, usually by being heard or dismissed

why do some courts take longer than other courts?

a mixture of caseload and type of case. supreme courts only hear important cases that might have impacts on law, whereas criminal appeals courts must listen to a larger amount of cases

how much are judges paid in texas?

typically around $160,000

justice gap

wealthy groups and people have better access to the legal system than others.

merit selection

a system where a nonpartisan committee vets judges based on merit, and can be retained by voters

when was the election of judges popular

1820s

what are the ways you can become a judge/justice in texas?

appointment or partisan election

judge election

standard method of selection in texas

judge appointment

reserved for unexpected vacancies

justice (court of appeals) term length

6 year terms

lower level judge term length

4 year terms, sometimes 2

judge punishments

suspension or removal

judge suspension and removal

either by state commission on judicial conduct, supreme court, or legislature

state commission on judicial conduct

13 commission members appointed by gov. to investigate allegations of misconduct against texas judges

texas supreme court suspension/removal

supreme court can remove lower level judges based on misconduct

legislative impeachment

texas legislature can, but rarely does, impeach judges for "willful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause"

judicial qualifications

"shall be well informed in the law of the State"

percent of texasjudges who are license to practice law

8 percent

qualifications for county court

25 and up, lawyer/judge for 4y in texas

qualifications for district court

25-74, lawyer/judge for 8y in texas

qualifications for appellate and supreme courts

35-74, lawyer/judge for 10y in texas

undervotes

ballots that indicate no choice for an office, typically because the choice of office is further down on the ballot

other problems with partisan election

name recognition, conflict of interest, bad judicial experience, money

tort reform

efforts to limit liability in civil cases (lower insurance payouts), typically to reduce volume of cases

missouri plan

method of selecting judges that combines appointment and election

how can we reform the judicial system in texas?

nonpartisan elections, merit selection, public financing, limited fundraising

geezer amendment

you must retire at 74 but you are allowed to serve out the term you turned 74 in

texas rangers

roots back from stephen f. austin's call for a defence against natives

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

search and seizure

the process by which

police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment

indigent defendant

those who cannot afford lawyers ( those who know: )

crime victim's compensation act

awards money to victims for loss of life and property, and injury

class a misdemeanor

up to 1yr in jail, fine up to $4,000

class b misdemeanor

up to 180d in county jail, fine up to $2,000

class c misdemeanor

fine up to $500

capital felony

death or life in prison w/o parole

first degree felony

5y-99y prison, fine up to $10,000

second degree felony

2y-20y in prison, fine up to $10,000

third degree felony

2y-10y in prison, fine up to $10,000

state jail felony

180d-2y in state jail, fine up to $10,000

how many states allow 17yo juveniles to be charges as adults

4

guardian ad litem

court appointed guardian to represent a minor or unborn child in litigation

appearance before a judge

within 48h, must have hearing before judge to be informed of the crimes

bail

contract where accused agrees to give up something (typically money) to ensure they will appear when court orders them to

personal recognizance

release from legal custody based on a defendant's promise to show up for trial.

prosecutor

state laywer responsible for brining charged against the accused

how long does a prosecutor have to file misdemeanor charges

2y from date of offense

how long does a prosecutor have to file felony charges

5y-10y to file from date of the offense

arraignment

a hearing in which a suspect is charged and gives a plea

grand jury

group of citizens that decides whether there is sufficient evidence to accuse someone of a crime

discovery phase

attorneys seek facts of the case by questioning involved parties

plea bargain

defendant waives right to trial and prosecutor recommends a punishment

what happens if there is not a plea

case goes to trial

voir dire

"to see speak", or the method in which jurors are selected. makes sure they are not biased.

preemptory challenge

a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason

no-contest

not an admission of guilt, but is not contesting the facts either. acceptance of punishment without admittance of guilt.

how many jurors in a misdemeanor case

6

how many jurors in a felony case

12

originally, prisons were expected to be ________

self-sufficient