10/21/24
jurisdiction: the court’s authority to hear a particular case
original: trying cases. makes decision on what is the law to be applied and facts. jury makes a decision on what the facts are
appellate: anything above the trial level courts. if judge makes an error than it goes to appellate. they don’t care or listen to the facts, and no jury. they only decide law. “did the judge apply the law correctly?” “is there any new evidence that will change the case?”
two levels: intermediate (criminal appeal) and supreme court (constitutional appeal)
uphold verdict: judge made no mistakes
reverse: reverse the decision, made a decision of the law and it impacted the outcome. verdict now favors other party
remand: send it back to a lower court and start all over
intermediate: 35 yrs, and have practiced law or served as a judge for 10+ yrs. means that they don’t have to be a lawyer lol
district court: must be elected, serve for 4 year term
justice: don’t have to be a lawyer
county court: required to be lawyers
money, level of crime can establish jurisdiction
district court: high level crime
justice peace corps: low level crime
2 tx supreme courts
civil: supreme court
criminal: texas court of appeals
6 year terms
en banc
you must ask permission for the appropriate supreme court to hear their cases
tx supreme court can turn down a case, but tcoa cannot
judicial activism: a person sees the law of evolving. they want change. ex: roe v. wade and right to privacy. by creating it, they were being active in changing the law/policy.
texas requires judges to align with a party (partisan)
jurisdiction: the court’s authority to hear a particular case
original: trying cases. makes decision on what is the law to be applied and facts. jury makes a decision on what the facts are
appellate: anything above the trial level courts. if judge makes an error than it goes to appellate. they don’t care or listen to the facts, and no jury. they only decide law. “did the judge apply the law correctly?” “is there any new evidence that will change the case?”
two levels: intermediate (criminal appeal) and supreme court (constitutional appeal)
uphold verdict: judge made no mistakes
reverse: reverse the decision, made a decision of the law and it impacted the outcome. verdict now favors other party
remand: send it back to a lower court and start all over
intermediate: 35 yrs, and have practiced law or served as a judge for 10+ yrs. means that they don’t have to be a lawyer lol
district court: must be elected, serve for 4 year term
justice: don’t have to be a lawyer
county court: required to be lawyers
money, level of crime can establish jurisdiction
district court: high level crime
justice peace corps: low level crime
2 tx supreme courts
civil: supreme court
criminal: texas court of appeals
6 year terms
en banc
you must ask permission for the appropriate supreme court to hear their cases
tx supreme court can turn down a case, but tcoa cannot
judicial activism: a person sees the law of evolving. they want change. ex: roe v. wade and right to privacy. by creating it, they were being active in changing the law/policy.
texas requires judges to align with a party (partisan)