The Texas Judiciary Lecture Notes

VOCABULARY flashcards covering the structure, jurisdiction, procedures, and selection methods of the Texas judicial system based on lecture notes.

Felonies

The most serious criminal offenses for which prison sentences can be imposed.

Misdemeanors

Minor offenses punishable by fines or short sentences in county jails.

State jail felonies

Property crimes and drug offenses punishable by community service work or time in a prison-like facility operated by the state.

Plaintiff

An injured person who files a lawsuit.

Original jurisdiction

The authority of a court to try or resolve cases being heard for the first time by weighing evidence and applying the law.

Appellate jurisdiction

The power of a court to review the decisions of lower courts to determine whether constitutional and statutory principles were followed.

Bifurcated court system

A system at the highest appellate level with two courts of last resort: one for civil cases and one for criminal cases.

Trial de novo

A new trial conducted by a higher court to hear the same witnesses and evidence again because no official record was kept of the original proceedings.

Constitutional county court

A court created by the Texas Constitution in each county, presided over by a county judge who is the chief executive officer of the county.

Statutory county courts

Also known as county courts-at-law, these are courts created by the legislature in more than $90$ counties to handle civil and criminal cases defined by the enabling legislation.

District court

The primary trial court in Texas with original jurisdiction over civil actions over $200$, divorce, land titles, and all felony criminal cases.

Plea bargaining

A process in which a criminal defendant negotiates a guilty plea with prosecutors to receive a lesser sentence and avoid a full trial.

Grand jury

A group of $12$ persons that functions to ensure the government has sufficient reason to proceed with a criminal prosecution.

Indictment

A written statement charging a person with a crime, issued when at least $9$ grand jurors believe there is sufficient evidence for a trial; also called a "true bill."

Petit jury

A trial jury consisting of $6$ persons in justice of the peace/county courts and $12$ in district courts.

Veniremen

Prospective jurors who are screened by attorneys for both sides before a jury is seated.

Peremptory challenges

Challenges that allow attorneys to dismiss prospective jurors without explaining a reason.

Beyond a reasonable doubt

The standard of proof required to reach a unanimous guilty verdict in a criminal case.

Tort

A wrongful act over which a lawsuit can be brought.

Punitive damages

Awards designed to punish whoever caused an accident or injury, often granted in addition to compensation for actual losses.

Merit selection plan

Also known as the Missouri Plan, a system where the governor appoints judges from a list of nominees and those judges later run in retention elections.

Retention election

An election where voters decide whether a judge should remain in office or be removed without the judge facing an opponent on the ballot.

Magistrate

An official, typically a justice of the peace or municipal court judge, who informs arrested suspects of their charges and legal rights.

Miranda v. Arizona (1966)

The landmark U.S. Supreme Court ruling that extended protections, such as the right to remain silent and the right to an attorney, to the states.

Capital murder

Murder committed under specific circumstances punishable by death or life in prison without parole.