Chapter 10 – The Judicial Branch (Texas) - Practice Flashcards

A set of Question-and-Answer style flashcards covering Chapter 10 topics: sources of Texas law, judicial legitimacy, implicit bias, court structure (highest, appellate, trial, and local courts), jurisdiction concepts, civil and criminal procedures, juries, ADR, judicial selection, indigent defense, and pandemic-adapted practices.

What are the four sources of Texas law?

The Texas Constitution, statutes enacted by the legislature, regulations adopted by state agencies, and the common law (judge-made law).

What is procedural justice?

The perception that the decision-making procedures used by authorities and institutions are fair, just, and predictable.

What is judicial legitimacy?

The belief that courts have the right or authority to make and enforce decisions because judges are fair and impartial.

What is implicit bias and how can training affect it?

Unconscious attitudes or stereotypes that influence decisions; training can help individuals identify and diminish these biases.

Which court is the highest civil appellate court in Texas?

The Supreme Court of Texas.

Which court is the highest criminal appellate court in Texas?

The Court of Criminal Appeals.

What is the role of the 14 Courts of Appeals?

They are the intermediate appellate courts that hear appeals from trial courts in both civil and criminal matters.

What is a district court?

A state trial court with general jurisdiction that has original jurisdiction in civil and criminal cases, including felonies; may have countywide jurisdiction.

What is a constitutional county court?

A county-level court created by the Texas Constitution with original and appellate jurisdiction in limited civil and criminal matters; judges may not be attorneys.

What is a county court-at-law?

A statutory court created to relieve constitutional county courts, handling civil and criminal matters with typically higher monetary limits.

What is a probate court?

A statutory court that handles decedents’ estates, guardianship, mental health, and related matters.

What is a municipal court?

A city-run court with jurisdiction over Class C misdemeanors and limited civil matters; appeals are generally to county or district courts; not all are courts of record.

What is a justice of the peace (JP) court?

A local trial court handling minor civil and criminal matters; original jurisdiction; acts as ex officio notary; some hear small claims; appeals are de novo to higher courts.

What does exclusive jurisdiction mean?

Only one court has the authority to hear and decide a particular type of case.

What does concurrent jurisdiction mean?

More than one court may hear a case; the plaintiff may choose where to file.

What does original jurisdiction mean?

The court’s authority to hear and decide a case for the first time.

What is a court of record?

A court that has a court reporter or electronic recording of proceedings; appeals from non-record courts are de novo.

What does ADR stand for and why is it used?

Alternative Dispute Resolution; mediation or arbitration to settle disputes outside court, reducing workloads and speeding resolution.

What is the Missouri Plan for judicial selection?

A nominating commission suggests names to the governor; the governor appoints from the list; if the governor doesn’t appoint, the commission may appoint; used for interim appointments with retention elections.

What is the appointment-retention system?

The governor appoints a judge, and voters later decide whether to retain the judge for a full term.

What is voir dire?

The process of questioning prospective jurors to identify bias; means 'to speak the truth'.

What is a peremptory challenge?

Each side may strike jurors without giving a reason, within strict numerical limits; challenges for cause require a reason and can be unlimited.

What is a grand jury and its function?

A panel (12 jurors and 4 alternates) that determines whether there is enough evidence to indict on a felony; life of the grand jury is typically about three months.

What is a petit (trial) jury?

A 6- or 12-member jury that determines the facts in civil or criminal cases and may render a verdict.

What is the role of the Texas Indigent Defense Commission?

A 13-member body overseeing statewide policies and procedures for indigent defense, monitoring counties and coordinating state financial assistance.

How are capital murder cases typically appealed?

Death penalty cases are appealed directly from the district court to the Court of Criminal Appeals.

What is the standard for criminal jury verdicts in Texas?

Verdicts must be unanimous; jurors may waive a jury trial in some cases; punishment can be decided by the judge or by a separate penalty phase in capital cases.

What is plea bargaining?

A deal in which the defendant pleads guilty in exchange for a lighter sentence or probation, usually approved by the judge.

What is the role of the State Bar of Texas (SBOT)?

Regulates and disciplines licensed lawyers; oversees ethics, licensing, continuing legal education, and related functions.

How did the COVID-19 pandemic affect jury trials in Texas?

Courts suspended non-essential proceedings and conducted many remote trials using Zoom; backlog developed as a result.