Chapter 9: The Judicial System

What two groups are involved in the selection and retention of judges?

the people and interest groups

indictment

(a.k.a., a "true bill") written statement issued by a grand jury that charges a suspect w/ a crime and states that a trial is warranted

What are the requirements to be a Texas Supreme Court justice?

- U.S. and TX citizen - at least 35 yrs and under 74 yrs old - Have been a practicing lawyer/judge for at least 10 years

specialty courts

- created to address particular crimes/serve particular populations - part of district courts -focus on resolving the underlying problems such as mental health, alcohol and drug abuse, and prostitution that lead to recurring criminal behavior - 191 specialty courts in Texas

Describe the characteristics of the majority of judges on the bench

Anglo, male, well educated, and upper/upper-middle class and are members of the legal profession

Appeals in capital cases go directly to where?

TX Court of Criminal Appeals

What two courts have appellate jurisdiction?

TX Supreme Court and TX Court of Criminal Appeals - review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly

If a defendant is found guilty and sent to prison, under what type of law was the defendant tried?

criminal law

What type of court would hear a case involving a violation of a city ordinance?

municipal court - function primarily as traffic courts

What is considered unique about the appellate court structure in Texas?

Texas has separate appellate courts for civil and criminal cases

What is the standard of proof in criminal cases?

beyond a reasonable doubt: charges against the defendant must be proved by the prosecutor to a very high standard

civil law

deals w/ disputes, usually btwn private individuals over relationships, obligations, and responsibility - settlement (dispute is resolved w/out going to court) through mediation or arbitration

The Texas Supreme Court ...

is the highest court in the state for civil matters - final state appellate authority over civil and juvenile cases

misdemeanors

minor criminal offense usually punishable by a small fine and/or short jail sentence

How are civil defense lawyers paid?

paid hourly; are paid whether or not they win the case

What is the most important part of a judicial candidate's campaign in Texas?

party affiliation

In civil cases, the burden of proof is on the _________, who must meet a standard known as _________________

plaintiff; preponderance of evidence

If a suspect in a criminal case waives their right to trial, they may engage in a .....

plea bargain: negotiated agreement in which a defendant agrees to plead guilty in exchange for reducing the severity of the charge/prison sentence the defendant is facing

county judge

presides over the county court and county commissioners' court in each of TX's 254 counties - responsible for the administration of county gov

criminal law

regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts - State accuses individuals of violations, and if found guilty, the violator is subject to punishment

Courts of Appeal

the 14 intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures

Why did Texas ban straight-ticket voting in 2017?

to get voters to vote for individual candidates rather than relying on party label - thus encourage voters to have sufficient knowledge of candidates

What are the most common specialty courts in Texas?

veterans' courts

What event lead to judicial elections becoming partisan?

when TX's first Republican governor, William Clements, was elected - Clements appointed Republican judges to the bench, which lead to re-election of Republican judges and creating expensive competition in judicial races

Under merit selection, judges ...

would be appointed to their position by the gov, on the recommendation of a nomination committee comprised of both lawyers and lay people - after 1 yr, judges would run in a retention election

statutory probate courts

jurisdiction is limited to probate and guardianship matters

What occurs if a judicial position on a Texas court is vacated?

The governor appoints a new judge

If a grand jury issues an indictment ...

a trial is warranted (decided by 9 out of the 12 grand jurors)

In a criminal trial,

a unanimous verdict is needed to find a defendant guilty or not guilty

County judges who preside over county commissioners' courts are responsible for .....

administering county governments

What are the requirements to be practice law in Texas?

be a licensed lawyer through completing a Juris Doctor (JD) degree at a law school accredited by the American Bar Association, and then taking and passing the TX State bar

What is an example of a case that would most likely be heard in criminal court?

case in which a student has vandalized cars in a school parking lot

tort law

civil case in which one person has been harmed by the actions of another - remedied by awarding economic damages to the injured party

What type of law usually involves monetary compensation as a solution or remedy?

civil law

In civil law, the plaintiff will file a (n) ......... against the defendant, who will in response file a(n) ............ that explains why the allegations are not valid

complaint (: presentation of a grievance); answer (: presentation of a defendant's defense against an allegation in a civil case)

grand jury

consists of 12 people that determine whether sufficient evidence is available to justify a trial - they do NOT determine whether an individual is guilty/innocent

Supreme court justices in Texas are ....

elected in partisan elections

retention election

election in which voters decide whether to keep an incumbent in office by voting "yes"/"no" to retain the incumbent & in which there is no opposing candidate

The State Commission on Judicial Conduct was created to ...

ensure that allegations of judicial misconduct and disability are appropriately investigated - disciplines judges - misconduct complaints must be violations of the Code of Judicial Conduct

What is the intent of the Judicial Campaign Fairness Act?

it limits donations to candidates for judicial office - Statewide judicial candidates must limit themselves to contributions of <$5,000 from any individual

statutory courts at law

jurisdiction over less serious criminal cases than those heard by district court

county courts

jurisdiction over probate cases and serious misdemeanor criminal offenses - presided over by county judges - exist only in some counties

Contributions to candidates in judicial elections usually come from ....

lawyers, interest groups, and potential litigants

justice of the peace courts

local trial courts w/ limited jurisdiction over small claims and very minor criminal misdemeanors (class C misdemeanors involving traffic offenses)

District courts are ....

major trial courts of the state that handle trials involving criminal or civil matters - hear cases over felonies, divorces, land disputes - Currently 465 district judges in TX

felonies

serious criminal offense, punishable by a prison sentence/fine; capital felonies are punishable by death

In a capital case,

the death penalty is a possible punishment upon conviction

The Court of Criminal Appeals is ....

the highest appeals court in Texas for criminal matters - Jurisdiction over automatic appeals in death penalty cases

In civil trials, a verdict is rendered by the jury (at least 5/6) using .....

the standard of preponderance of evidence: standard of proof in a civil jury case; plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff