Chapter 5: The Court System in Texas

Can courts initiate policy changes?

No, they must wait for cases to be brought to them.

What is the significant difference between a trial and appeallate?

• Trial courts decide points of fact

• While appeallate decide points of law.

County Courts:

Most likely to hear misdemeanor criminal cases.

District Courts:

Where a murder case would likely be tried first.

Court of Criminal Appeals:

Hears criminal appeals involving the death penalty

Stare Decisis:

The practice of a court making a ruling based on a principle established in a previous ruling.

Objectivity:

The concept that judges must base decisions only on constitutions, statutes, and earlier court decisions

Selection Method:

Appellate judges in Texas are selected via partisan election.

Municipal judges:

are the exception and are NOT typically selected by partisan elections.

The Merit System:

• The governor appoints a judge from a screened list, and the judge serves for a set term and then stands for a retention election.

Also known as the Missouri system for selecting judges.

Grand Juries:

Used to review facts and decide if there is enough evidence to try a case.

Jury Selection Pools:

Jurisdictions can draw from both registered voters and licensed drivers.

Grand Jury:

Criminal allegations may be reviewed by a grand jury or information or administrative hearing.

• Texas uses both: A citizen may waive grandy jury review and ask that a judge review the charges.

Most juries serve for how long?

Most juries serve for 6 months, screening major cases to decide whether enough evidence exists to go trial.

Petit juries:

Can decide criminal and civil cases.

• A jury pool may be selected randomy from vote registration lists or from a list of licensed drivers.

Do most people charged with a crime plead guilty?

Yes, it’s in exchange for a lighter sentence.

Judicial Federalism:

Gives Congress the authority to create lower courts, and makes federal law the supreme law of the land.

• Allows Congress to structure the federal judiciary, define jurisdiction, and establish specialized courts.

Texas has how many trial and appellate courts?

Several levels of trial and appellate courts and two “supreme” courts.

• For civil cases, the Supreme Court

• For criminal cases, the Court of Criminal Appeals

Trial courts:

Local, with jurisdicition limited to a geographic area(such as a county).

• The primary concern is establishing the facts of a case, including determining whether a person is guilty.

Appellate courts:

Centralized, often at the state levels.

• Points of law, rather than of fact, are decided.

Supreme Courts:

All federal judges are appointed by the president and serve for life.

Do method of selection judges vary between courts?

Yes, may vary within some states.

• Sometimes by partisan elections and nonpartisan elections.

Does gubernational appointment ensure competence?

No, appointments may be used to reward friends and repay political debts.

• Use their judicial appointment powers to select judges with political philosophies similar to their own.