New Judiciary

Judicial federalism

System where federal and state courts have separate but overlapping authority

Wallace Jefferson's proposal

Former Chief Justice advocated replacing partisan judicial elections with merit-based selection

Appellate jurisdiction

Authority to review lower court decisions

Original jurisdiction

Authority to hear cases first

Exclusive jurisdiction

U.S. Supreme Court's sole authority to interpret federal law

Affirm

Court agrees with lower court's decision

Reverse

Court overturns lower court's decision

Remand

Court sends case back to lower court for reconsideration

Majority opinion

Official court decision with reasoning

Concurring opinion

Judge agrees with decision but for different reasons

Dissenting opinion

Judge disagrees with majority decision

Per curiam decision

Anonymous opinion issued by the court as a whole

Grand Jury

Determines if sufficient evidence exists for trial

Indictment

Formal accusation issued by grand jury

Beyond reasonable doubt

Criminal case standard (highest burden)

Preponderance of evidence

Civil case standard (>50% likelihood)

Compensatory damages

Money awarded for actual losses

Punitive damages

Money awarded to punish wrongdoing

Partisan judicial elections

Judges elected with party labels

Incumbency advantage

Sitting judges more likely to be reelected

Microcosm Theory

Judiciary should reflect population demographics (often ignored)

"Justice for Sale"

Perception that judicial donors influence rulings

Judicial qualifications

Texas judges aren't required to have law degrees before election

Tort law

Civil wrongs causing injury (e.g., medical malpractice)

Frivolous lawsuits

Baseless claims driving up insurance costs

Castle Doctrine (2007)

No duty to retreat before using deadly force at home

Lifetime appointments

Proposed reform to reduce political pressure

Merit selection

Proposed alternative to elections, increases diversity

Texas court system complexity

"No one person understands… all the nuances of Texas's thousands of trial courts" (Lone Star Politics, p.211)