Judiciary Part 1

Judicial branch creation (U.S.)

Article III of the U.S. Constitution

Role of judicial branch

Interprets laws and checks legislative and executive branches

Judicial review

Power to declare laws or executive actions unconstitutional

Who appoints federal judges

Executive branch (President) with Senate approval

Can Congress remove judges

No, but can impeach them

Common law system

Legal system based on judicial rulings and precedent

Case law

Record of previous judicial decisions

Precedent

Past rulings that guide future cases

Who can overrule precedent

Higher courts

Civil law system

System based on detailed written statutes

Texas judiciary constitutional basis

Article V of Texas Constitution

Number of court levels in Texas

Six

Texas judges selection method

Elected by voters

Sources of law (federal)

U.S. Constitution, federal laws, executive regulations

Sources of law (state)

Texas Constitution, statutes, ordinances, case law

Statute

Law passed by legislature

Ordinance

Law passed by local government

Jurisdiction definition

Authority to hear a case

Original jurisdiction

Authority to hear a case first

Concurrent jurisdiction

Multiple courts can hear the same case

General jurisdiction

Can hear all types of cases

Limited jurisdiction

Can hear only specific types of cases

Appellate jurisdiction

Authority to review lower court decisions

Do appellate courts hear new evidence

No

Highest civil court in Texas

Texas Supreme Court

Texas Supreme Court jurisdiction

Final appellate in civil and juvenile cases

Texas Supreme Court size

9 justices

Texas Supreme Court term

6 years staggered

Texas Supreme Court selection

Partisan statewide elections

Texas Supreme Court qualifications

35+, U.S. & Texas citizen, lawyer 10+ years

Who fills Supreme Court vacancies

Governor with Senate approval

Highest criminal court in Texas

Texas Court of Criminal Appeals

Court of Criminal Appeals jurisdiction

Final appellate in criminal cases

Death penalty appeals

Go directly to Court of Criminal Appeals

Court of Criminal Appeals size

9 judges

Court of Criminal Appeals term

6 years staggered

Intermediate appellate courts

Texas Courts of Appeals

Number of Courts of Appeals

14

Courts of Appeals jurisdiction

Appellate for civil and criminal cases

Courts of Appeals selection

Partisan district elections

District courts role

Trial courts of general jurisdiction

District courts jurisdiction

Felonies, divorce, land, civil cases ($200+)

Number of district courts

472

District court term

4 years

District court qualifications

Lawyer 4+ years, resident 2+ years

Constitutional county courts

One per county (254 total)

County court jurisdiction

Misdemeanors, small civil cases, probate

County court judge requirement

Do not have to be lawyers

County court additional role

Administrative head of county

County courts at law

Statutory courts with broader jurisdiction

County courts at law jurisdiction

Civil cases up to $100,000, appeals

Statutory probate courts

Specialized courts for wills and estates

Probate court jurisdiction

Wills, guardianship, mental health cases

Municipal courts jurisdiction

City ordinance violations and Class C misdemeanors

Main municipal court function

Traffic and parking tickets

Municipal court judges selection

Usually appointed by city council

Justice of the Peace courts jurisdiction

Class C misdemeanors and small claims

JOP court powers

Warrants, marriages, oaths

JOP qualifications

No formal requirements (training required)

Local courts importance

Handle most cases in Texas

Common law definition

System based on precedent and judicial decisions

Appeals definition

Review of lower court decisions without new evidence

Statutory law definition

Laws passed by legislature

Probate definition

Process of validating a will

Texas judiciary structure

Complex, multi-level court system

Who does most judicial work

Lower courts

How judges are selected in Texas

Partisan elections

Highest legal authority in Texas

Texas Constitution

Supremacy of federal law

Federal law overrides state law