The Court System in Texas Chapter 5 The Court System in Texas
Demonstrate knowledge of the judicial branch of Texas government. Upon completing this chapter, you will be able to… Demonstrate knowledge of the judicial branch of Texas government.
Court Decision Making Two sources of law: legislatures and courts Majoritarianism and countermajoritarianism The rule of law governs Maintains a passive role Upholds rules of access and procedure Confines decisions to specifics of the case Appears objective Key terms: stare decisis objectivity
Judicial Federalism Conflicts between federal and state law resolved in favor of federal authority Most cases go to state courts
Trial and Appellate Courts Trial courts Appellate courts Localized Citizen participation Facts of a case Centralized Limited citizen participation Points of law and procedure Key terms: trial courts appellate courts
The Structure of State Courts Magistrate or Minor Courts County Courts District Courts Appellate Courts Supreme Courts Key terms: magistrate functions trial de novo courts
Judicial Selection Federal judicial appointments Appointed by president and serve for life Variety of methods used at state level Key terms: merit system, or Missouri system
Judicial Selection in Texas Familiar Names Can Skew Judicial Elections Straight Ticket Voting Campaign Contributions Gender and Minority Representation in the Texas Judiciary Key terms: partisan election nonpartisan election name familiarity straight ticket voting
The “Appointive-Elective” System in Texas Governor can make some judicial appointments Many in Texas initially receive seats by appointment Key term: appointive-elective system
Judicial Selection: Is There a Best System? Citizens’ expectations of judges Competent Independent Responsive
Bill Day. Reprinted by permission of United Features Syndicate, Inc. Some methods of selecting judges do not always result in the selection of qualified individuals. Bill Day. Reprinted by permission of United Features Syndicate, Inc.
Removing and Disciplining Judges Impeachment Recall by voters Removal by governor, legislature, or state supreme court Judicial conduct commissions
The Legal System Grand Jury Petit Jury grand juries Key terms: grand juries information or administrative hearing petit juries
Crime and Punishment in Texas Factors that contribute to crime rate Juvenile Justice Three general legal duties Juvenile district courts Texas Youth Commission and Texas Juvenile Probation Commission
Under certain circumstances, juveniles may be tried as adults.
The Effect of Punishment on Crime Rates Rehabilitation of Offenders Death Penalty The Harris County Factor Impact of Income and Poverty on Legal Services Key term: recidivism