The Judicial Branch Chapter 11

Learning Objectives 11.1 Identify the sources of Texas law. 11.2Compare the functions of all participants in the justice system Describe the judicial procedure for the adjudication of civil lawsuits Describe the judicial procedure for the adjudication of criminal cases. Copyright © 2016 Cengage Learning. All rights reserved. 2

State Law in Texas  Texas has one of largest judicial systems in the country  Civil law  Criminal law  Misdemeanor  Felony  Jurisdiction Copyright © 2016 Cengage Learning. All rights reserved. 3

State Law in Texas  Sources of Law  Provisions of Constitution  Legislative statutes  State agency regulations  Judge-made common law  Code Revision  Texas Legislative Council  Reorganizing laws into legal codes since 1963 Copyright © 2016 Cengage Learning. All rights reserved. 4 Learning Check

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  Original jurisdiction  Appellate jurisdiction  Exclusive jurisdiction  Concurrent jurisdiction Copyright © 2016 Cengage Learning. All rights reserved. 5

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  Local trial courts  Municipal courts  Justice of the peace courts  Court of record Copyright © 2016 Cengage Learning. All rights reserved. 6

Court Structure of Texas Copyright © 2016 Cengage Learning. All rights reserved. 7 Critical Thinking Question: How could Texas simplify its court system?

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  County trial courts  Original and appellate jurisdiction  Probate, civil, and criminal jurisdiction  Statutory courts in areas with large populations Copyright © 2016 Cengage Learning. All rights reserved. 8

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  State trial courts  Most designated as district courts  A few are called criminal district courts  Concurrent jurisdiction with lower courts begins at this level Copyright © 2016 Cengage Learning. All rights reserved. 9

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  Intermediate appellate courts  14 state court of appeals districts  Judges with staggered six-year terms  Decisions require majority vote of panel Copyright © 2016 Cengage Learning. All rights reserved. 10

Comparable Salaries of Highest Court Justices and Judges Copyright © 2016 Cengage Learning. All rights reserved. 11 Critical Thinking Question What is fair compensation for a judge or justice?

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  Highest appellate courts  Bifurcated court system  Only Texas and Oklahoma  Court of Criminal Appeals  Highest court with criminal jurisdiction  Supreme Court of Texas  Highest court with civil jurisdiction Copyright © 2016 Cengage Learning. All rights reserved. 12

(left) The Supreme Court of Texas (right) Texas Court of Criminal Appeals Copyright © 2016 Cengage Learning. All rights reserved. 13 Critical Thinking Question Would Texas benefit from greater racial, ethnic, gender, and political diversity on its highest courts?

Courts, Judges, Lawyers, and Juries  Trial and Appellate Courts  Specialty courts  Cluster courts  Drug courts  Veterans’ courts  Alternative dispute resolution  Mediator to negotiate disputes  “Vanishing jury trial” Copyright © 2016 Cengage Learning. All rights reserved. 14

Courts, Judges, Lawyers, and Juries  Selecting Judges and Justices  Chosen in partisan elections  Many oppose this practice  Missouri Plan  Appointment-retention system Copyright © 2016 Cengage Learning. All rights reserved. 15

Courts, Judges, Lawyers, and Juries  Disciplining and Removing Judges and Justices  Removed by voters, trial by jury, by legislative address or impeachment  State Commission on Judicial Conduct  Criticized for being too lenient  Oversees Amicus Curiae Copyright © 2016 Cengage Learning. All rights reserved. 16

Courts, Judges, Lawyers, and Juries  Lawyers  State Bar of Texas  Legal services for the poor  Contingency fee  Texas Access to Justice Commission Copyright © 2016 Cengage Learning. All rights reserved. 17

Courts, Judges, Lawyers, and Juries  Juries  Grand jury  Chosen by key-man system or at random  Determine if there is evidence to warrant a trial  Petit jury (trial)  Minimal qualifications to serve  Venire  Voir dire Copyright © 2016 Cengage Learning. All rights reserved. 18 Learning Check

Judicial Procedures in Civil Cases  Important subjects of civil law  Torts  Contracts  Domestic relations  Three types of damages  Economic  Noneconomic  Exemplary or punitive Copyright © 2016 Cengage Learning. All rights reserved. 19

Judicial Procedures in Civil Cases  Civil Trial Procedure  Plaintiff  Defendant  Petition is filed  Clerk issues citation  Discovery Copyright © 2016 Cengage Learning. All rights reserved. 20

Judicial Procedures in Civil Cases  Trial and Appeal of a Civil Case  Brief opening statements  Plaintiff presents/defendant cross-examines  Defendant offers evidence/plaintiff challenges  Judge writes charge to jury  Special issues  Verdict (jury)  Judgment (judge) Copyright © 2016 Cengage Learning. All rights reserved. 21 Learning Check

Judicial Procedures in Criminal Cases  Criminal Justice System  Texas Code of Criminal Procedure  Police must advise of suspect of rights (Miranda warning)  Person unable to afford attorney is assigned one  Some counties have public defenders  Right to trial by jury is guaranteed  May be waived, except in death penalty cases  Plea bargaining Copyright © 2016 Cengage Learning. All rights reserved. 22

Judicial Procedures in Criminal Cases  Criminal Trial and Appeal  Jury selected  Misdemeanor or felony  Defendant enters plea  State and defense present cases  Judge charges jury  Attorneys present final arguments  Jury must be unanimous Copyright © 2016 Cengage Learning. All rights reserved. 23 Learning Check

The Supreme Court Changes the Law of the Land on Same-Sex Marriage Copyright © 2016 Cengage Learning. All rights reserved. 24 Click picture to watch video

Video Discussion Questions 1.Given the fact that states regulate marriage, how does this Supreme Court decision affect Texas residents? 2.Are any challenges pending in Texas courts regarding this issue? 3.What is Texas law regarding same- sex marriage? Copyright © 2016 Cengage Learning. All rights reserved. 25