Unit 7 Texas Judicial System Judicial Review The Texas Judicial System Notes for the lecture materials in Texas Government Functions of the Judiciary Application of law to individual cases Judicial Review Appeals Application of Law Generally done in trial setting Finding of facts Determining if law applies to facts developed Interpretation of the applicable law Determining the legal rights of each party in the case Judicial review occurs when any court determines whether a legislative executive or judicial action was valid under the law Did policy making body have the authority to make the policy Did an executive official act within the scope of the authority granted Did a lower judicial court decide correctly Appeals All appeals must be based on Law and procedure used by the lower court Rules of evidence Constitutionality of the law or policy applied Types of Law Private law rights and duties of persons acting in the promotion of individual interests Determined by civil statues or case law Major categories of civil law are classified as Tort law after injury occurs to gain redress of injuries Contract law binding agreements between two or more parties which the state will enforce Equity law seeks to prevent harm by allowing the judge to issue injunctions stays restraining orders etc prior to the damage being done to the person seeking relief 1 Unit 7 Texas Judicial System Court Structure of Texas Types of Law Texas Supreme Court Public law government organization and procedure power and responsibility of public officials civil rights of individuals Court of Criminal Appeals Courts of Appeals 14 Districts Criminal law defines acts against public order and establishes levels of punishment Administrative law structure and organization of governmental agencies Constitutional law established by the Constitution and rulings of the courts District Courts County Courts Justice of Peace Courts Criminal Law Misdemeanors Class C punishable by fine alone Class B punishable by fine jail up to 180 days Class A punishable by fine jail up to 1 year Felonies Class 4 fine 10 000 180 days to 2 years Also known as a state jail felony Class 3 fine 10 000 2 10 years Class 2 fine 10 000 2 20 years Class 1 fine 10 000 5 99 or life Texas Courts Basic Features of the Texas Court System Decentralized no single reporting authority Elected all judges except municipal judges are elected by voters Specialized courts generally have specialized jurisdictions Municipal Courts Local Level Trial Courts Municipal Courts Criminal jurisdiction only established by each municipality Enforce city ordinances Operate under state law and local supervision Justice of the Peace Courts established in Constitution Civil o 200 c 200 5000 Criminal Class C misdemeanors Small Claims Courts statutory Civil only Amount up to 5 000 County Level Courts Constitutional Courts Civil c jp 200 5000 c district 500 varies by county Criminal class A B misdemeanors County Courts at Law 214 in 84 counties Civil c 500 5000 with JP Court o c 5000 now same as District Courts for torts Criminal class A B misdemeanors 2 Unit 7 Texas Judicial System District Level Courts Juries Grand Juries 12 members General District Courts or Specialized 425 Courts established by Legislature Selected by Jury Commission appointed by District Judge May issue true bill or indictment on vote of 9 members All testimony is given in secret Civil c with County Courts 500 5000 o Contested divorces land titles contested elections contested probate some county courts at law may handle contested divorces and probate Trial Juries 6 JP County 12 District Criminal Prospective jurors called by random Exemptions over 70 custody of young children full time students all felonies Major Concerns of Judicial System Structural and Operational Intermediate Courts of Appeal Courts of Appeal 14 districts Criminal and civil jurisdiction Hears appeals from County and District Courts Courts have from 3 to 12 justices as determined by the Legislature Cases heard in panels of 3 judges Texas Judicial System Structural reorganization Clearer lines of authority Compensation for victims of crime Crowded dockets Judicial compensation and retirement 14 Highest Appeals Courts Two Appeals Courts Nine justices elected state wide in partisan elections 6 year overlapping terms Texas Supreme Court Civil Only Court of Criminal Appeals Criminal Only Major Concerns of Judicial System Political Campaign contributions to candidates for judge Partisan elections which frequently focus on political issues rather than judicial competency At large elections which eliminate minority judges Disciplining and removal of judges 3