The Texas Judiciary Lecture Notes

Overview of the Texas Judiciary

• Texas state courts resolve civil disputes and criminal cases.
• The judiciary also reviews actions of the executive and legislative branches.

Types of Cases

• Civil Cases: Involves disputes over property rights and personal injuries.
    - Ranges from minor lease issues to complex liability cases.
• Criminal Cases: Includes minor offenses to capital murder.

Jurisdiction

• Texans are under both state and federal court jurisdictions.
• Most litigation is state-based (97%);
    - Federal courts handle federal law violations.

Legal Framework

• Governed by U.S. and Texas constitutions.
• Texas Penal Code defines most criminal activities and their punishments.

Court Structure

• Five levels of courts with overlapping authority:
    - Supreme Court: Final appellate jurisdiction in civil cases.
    - Court of Criminal Appeals: Final appellate jurisdiction in criminal cases.
    - Courts of Appeals: Intermediate appellate courts.
    - District Courts: Original jurisdiction in major civil and felony criminal matters.
    - County and Municipal Courts: Limited jurisdiction and specific original jurisdictions.

Judicial Qualifications

• Judges elected via partisan elections, varying by court type.
• General qualifications include U.S. citizenship, residency, and legal experience.
• Terms vary from 2 to 6 years depending on court type.

Judicial Procedures

• Trials include procedures for presenting evidence, witness testimony, and arguments.
• Appeal process involves reviews rather than re-examinations of evidence by appellate courts.

Judicial Activism and Legislative Responses

• Shift toward judicial activism in the 1970s and 1980s, impacting laws and precedents.
• Tort reform in 1987 aimed to limit personal-injury lawsuits and liability.

Jury System

• Grand Jury: Investigates and issues indictments; proceedings are private with no defense representation.
• Petit Jury: Decides trial outcomes; requires unanimous verdicts in criminal cases.

Crime and Punishment

• Individuals presumed innocent; burden of proof on the state.
• Defendants have rights to trial, legal counsel, and various procedural protections.
• Capital murder requires special jury trials, with specific punishment questions being posed to jurors.

Capital Punishment

• Texas has had a history of executions, with adjustments to law post-Supreme Court decisions affecting applicability of capital punishment.