Government 2306: Jurisprudence, Law, and the Texas Judicial System

Flashcards covering the definitions of jurisprudence, types of legal systems, the structure of Texas and Federal courts, and key concepts in civil liberties and incorporation doctrine.

Jurisprudence

The legal system, or the theory and practice of the law.

Law

Public Rules of a Society enforceable by Government, where enforcement entails consequences for Non-Compliance.

Common Law Systems

Legal systems found in England, U.S., Canada, India, and Australia based upon evolving English tradition.

stare decisis

A principle in Common Law meaning "Let the Decision Stand," which refers to the reliance on precedent in Case Law.

Civil Law Systems

Legal systems found in China, Germany, France, Spain, and most of Latin America.

Civil Law (U.S. Context)

A primary type of law that usually involves Claims of Compensation for alleged Damages.

Jurisdiction

The legal authority of a court, which can be categorized as Original or Appellate.

Nolo contendre

A legal term referring to a plea where the defendant does not admit guilt but accepts punishment; used to deny charges in related civil action.

Preponderance of the Evidence

The standard of evidence required in Civil Cases.

Beyond a Reasonable Doubt

The standard of evidence required in Criminal Cases.

Texas Supreme Court

A court consisting of $9$ Justices with statewide final appellate jurisdiction in civil cases and juvenile cases.

Court of Criminal Appeals

A court consisting of $9$ Judges with statewide final appellate jurisdiction in criminal cases.

District Courts (Texas)

State trial courts with original jurisdiction in felony criminal matters, civil actions over $200$, divorce, and contested elections.

Civil Liberty

Defined as "Freedom To ……."

Civil Right

Defined as "Freedom From ………"

Bill of Rights

The first $10$ Amendments to the United States Constitution which incorporate civil liberties and civil rights.

Barron v. Baltimore ($1833$)

Supreme Court case which ruled that the Bill of Rights was applicable only to the National Government.

The Fourteenth Amendment ($1868$)

The "Gateway" Amendment providing constitutional justification for applying individual Amendments of the Bill of Rights to the States.

Gitlow v. New York ($1925$)

The Supreme Court case that overturned the Barron Case ($1833$) and began applying speech protections to the states.

Doctrine of [Selective] Incorporation

The judicial application of individual Amendments of the Bill of Rights to the states over time, primarily occurring in the $20^{th}$ Century.

Mapp v. Ohio ($1961$)

The Supreme Court case that incorporated the Exclusionary rule for no unreasonable searches or seizures to the states.

Gideon v. Wainwright ($1963$)

The Supreme Court case that incorporated the Sixth Amendment right to counsel to the states.

Separate but Equal Doctrine

A doctrine established in Plessy ($1896$) that was later overturned by Brown ($1954$).

Partisan Elections

The method Texas and only $5$ other states use to select judges.

State Commission on Judicial Conduct

An entity responsible for the removal of judges from office in Texas.