1. The Judicial Branch
Chapter 11

2. Learning Objectives
11.1 Identify the sources of Texas law Compare 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.
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3. 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.
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4. 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
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5. 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).
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6. 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.
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7. Court Structure of Texas
Figure 11.1
Office of Court Administration, 2014, available at
Critical Thinking Question:
How could Texas simplify its court system?
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8. 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.
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9. 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
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10. 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
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11. 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),
Critical Thinking Question
What is fair compensation for a judge or justice?
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12. 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.
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13. (left) The Supreme Court of Texas (right) Texas Court of Criminal Appeals
(left) The Texas Supreme Court as constituted in Chief Justice Nathan Hecht is seated in the center of the first row.
(right) The Texas Court of Criminal Appeals as constituted in Presiding Judge Sharon Keller is seated in the center of the first row.
Critical Thinking Question
Would Texas benefit from greater racial, ethnic, gender, and political diversity on its highest courts?
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14. 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.
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15. 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.
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16. 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.
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17. 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.
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18. 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
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19. 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
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20. 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.
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21. 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
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22. 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
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23. 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
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24. The Supreme Court Changes the Law of the Land on Same-Sex Marriage
Click picture to watch video
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25. Video Discussion Questions
Given the fact that states regulate marriage, how does this Supreme Court decision affect Texas residents?
Are any challenges pending in Texas courts regarding this issue?
What is Texas law regarding same- sex marriage?
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