The Judicial Branch Chapter 11

Group Activity Group 1: Court System Group 2: Juries Group 3: Judges Group 4: Judicial Process What is their purpose/functions? (If applicable) How are they selected? How is their position broken down? What is their role of the judicial process? (If applicable) What types are there and how do they operate? Copyright © 2016 Cengage Learning. All rights reserved.

State Law in Texas Texas has one of largest judicial systems in the country Civil law Criminal law Misdemeanor Felony Jurisdiction civil law: The body of law concerning noncriminal matters, such as business contracts and personal injury. criminal law: The body of law concerning felony and misdemeanor offenses by individuals against other persons and property, or in violation of laws or ordinances. misdemeanor: Classified as A, B, or C, a misdemeanor may be punished by fine and/or jail sentence. felony: A serious crime punished by fine and prison confinement. jurisdiction: A court’s authority to hear a particular case. Copyright © 2016 Cengage Learning. All rights reserved.

State Law in Texas Sources of Law Code Revision Provisions of Constitution Legislative statutes State agency regulations Judge-made common law Code Revision Texas Legislative Council Reorganizing laws into legal codes since 1963 Learning Check 11.1 True or False: Civil law cases involve misdemeanors and felonies True or False: Texas state law includes judge-made common law based on custom and tradition Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Courts, Judges, Lawyers, and Juries Trial and Appellate Courts Original jurisdiction Appellate jurisdiction Exclusive jurisdiction Concurrent jurisdiction original jurisdiction: The power of a court to hear a case first. appellate jurisdiction: The power of a court to review cases after they have been tried elsewhere. exclusive jurisdiction: The authority of only one court to hear a particular type of case. concurrent jurisdiction: The authority of more than one court to try a case (for example, a civil dispute involving more than $500 but less than $10,000 may be heard in either a justice of the peace court, a county court, or a district court). Copyright © 2016 Cengage Learning. All rights reserved.

Courts, Judges, Lawyers, and Juries Trial and Appellate Courts Local trial courts Municipal courts Justice of the peace courts Court of record municipal court: City-run court with jurisdiction primarily over Class C misdemeanors committed within a city’s boundaries. justice of the peace: A judge elected from a justice of the peace precinct who handles minor civil and criminal cases. Justices of the peace have jurisdiction over four types of civil cases: evictions, debt claims, repair and remedies, and small claims (civil disputes with less than $10,000 in controversy). court of record: A court that has a court reporter or electronic device to record testimony and proceedings. Copyright © 2016 Cengage Learning. All rights reserved.

Court Structure of Texas Figure 11.1 Office of Court Administration, 2014, available at www.courts.state.tx.us. Critical Thinking Question: How could Texas simplify its court system? Copyright © 2016 Cengage Learning. All rights reserved.

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 probate: Proceedings that involve the estates of decedents. Additionally, courts with probate jurisdiction (county courts, county courts-at law, and probate courts) handle guardianship and mental competency matters. Copyright © 2016 Cengage Learning. All rights reserved.

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.

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.

Comparable Salaries of Highest Court Justices and Judges *In most states (including Texas), the chief presiding judge or justice receives a supplement due to the additional workload. In Texas the amount is $2,500. **Salaries for Texas appellate justices and judges reflect increases effective September 1, 2013. Source: Judicial Salary Resource Center (July 2013), http://www.ncsc.org. Critical Thinking Question What is fair compensation for a judge or justice? Copyright © 2016 Cengage Learning. All rights reserved.

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 Bifurcated A divided court system in which different courts handle civil and criminal cases. In Texas, the highest-level appeals courts are bifurcated. Copyright © 2016 Cengage Learning. All rights reserved.

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” Cluster courts are traveling courts that adjudicate only Children’s Protective Services cases specialty courts: Courts designed to deal with particular types of problems, such as drug related offenses, or specific populations, such as veterans or foster children. alternative dispute resolution (ADR): Use of mediation, conciliation, or arbitration to resolve disputes among individuals without resorting to a regular court trial. Copyright © 2016 Cengage Learning. All rights reserved.

Courts, Judges, Lawyers, and Juries Selecting Judges and Justices Chosen in partisan elections Many oppose this practice Missouri Plan Appointment-retention system In discussing ‘‘the peculiar [American] institution’’ of electing judges, Harvard Law professor Jed Handelsman Shugerman observed that although a number of foreign countries have adopted the American legal system, few have chosen to follow the practice of popular election of judges. A strong complaint is the appearance that ‘‘justice is for sale’’ in Texas to the highest campaign donor. Missouri Plan: A judicial selection process in which a commission recommends a panel of names to the governor, who appoints a judge for one year or so before voters determine whether the appointee will be retained for a full term. appointment-retention system: A merit plan for judicial selection in which the governor makes an appointment to fill a court vacancy for an interim period, after which the judge must win a full term in an uncontested popular election. Copyright © 2016 Cengage Learning. All rights reserved.

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 The State Commission on Judicial Conduct also oversees an employee assistance program called Amicus Curiae. The program locates service providers for judges suffering from substance abuse or mental or emotional disorders. Judges receiving services through Amicus Curiae may do so through a self-referral or be referred by the commission. In all instances, participation is voluntary. Copyright © 2016 Cengage Learning. All rights reserved.

Courts, Judges, Lawyers, and Juries State Bar of Texas Legal services for the poor Contingency fee Texas Access to Justice Commission contingency fee: A lawyer’s compensation paid from money recovered in a lawsuit. Copyright © 2016 Cengage Learning. All rights reserved.

Courts, Judges, Lawyers, and 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 Learning Check 11.2 A court must have jurisdiction to hear a case. What does this mean? True or False: It is the responsibility of the grand jury to determine whether a defendant is guilty. grand jury: Composed of 12 persons with the qualifications of trial jurors, a grand jury serves six months while it determines whether sufficient evidence exists to indict persons accused of committing crimes. petit jury: A trial jury of 6 or 12 members. A qualified Texas juror must be • A citizen of the United States and of the State of Texas • 18 years of age or older • Of sound mind • Able to read and write (with no restriction on language), unless literate jurors are unavailable • Neither convicted of a felony nor under indictment or other legal accusation of theft or any felony venire: A panel of prospective jurors drawn by random selection. These prospective jurors are called veniremen. voir dire: Courtroom procedure in which attorneys question prospective jurors to identify any who cannot be fair and impartial. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Judicial Procedures in Civil Cases Important subjects of civil law Torts Contracts Domestic relations Three types of damages Economic Noneconomic Exemplary or punitive tort: An injury to a person or an individual’s property resulting from the wrongful act of another. In civil cases, plaintiffs may be eligible to recover for three different types of damages: • Economic damages, which include lost wages and actual expenses (for example, hospital bills) • Noneconomic damages, which include a loss in quality of life, such as disfigurement, mental anguish, and emotional distress • Exemplary or punitive damages, which are intended to punish the defendant Copyright © 2016 Cengage Learning. All rights reserved.

Judicial Procedures in Civil Cases Civil Trial Procedure Plaintiff Defendant Petition is filed Clerk issues citation Discovery plaintiff: The injured party who initiates a civil suit or the state in a criminal proceeding. defendant: The person sued in a civil proceeding or prosecuted in a criminal proceeding. discovery: Gathering information from the opposing party and witnesses in a lawsuit, including examination of relevant documents, obtaining written and oral answers to questions, inspecting property under the control of the other party, and similar activities. Copyright © 2016 Cengage Learning. All rights reserved.

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) Learning Check 11.3 What are the parties to a civil lawsuit called? True or False: In a civil jury trial, jurors will be asked to decide which party should win. special issues: Questions a judge gives a trial jury to answer to establish facts in a civil case. The jury will not be asked directly whether the plaintiff or the defendant should win. Instead, the jury must answer a series of questions that will establish the facts of the case. verdict: A jury’s decision about a court case. judgment A judge’s written opinion based on a verdict. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

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.

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 Learning Check 11.4 True or False: A majority of jurors must return a verdict of guilty or not guilty A capital felony for which the defendant received the death penalty is appealed to which court? Learning Check Copyright © 2016 Cengage Learning. All rights reserved.