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Chapter 25 Texas Supreme Court the highest civil court in Texas consists of nine justices and has final state appellate authority over civil cases Texas Court of Criminal Appeals the highest criminal court in Texas consists of nine justices and has final state appellate authority over criminal cases Courts of appeal the fourteen 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 District courts the major trial courts in Texas which usually have general jurisdiction over a broad range of civil and criminal cases County judge the person in each of Texas s 254 counties who presides over the constitutional county court and the county commissioners court with responsibility for the administration of county government only some county judges carry out judicial responsibilities Constitutional county courts the courts that exist in some counties that are presided over by county judges Statutory county courts at law courts that tend to hear less serious cases than those heard by district courts Statutory probate courts specialized courts whose jurisdiction is limited to probate and guardianship matters Justice of the peace courts local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors Municipal courts local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors municipal courts are located in each of Texas s incorporated cities and towns Ordinance a regulation enacted by a city government Civil law a branch of law that deals with disputes that do not involve criminal penalties Criminal law the branch of law that regulates the conduct of individuals defines crimes and specifies punishment for criminal acts Complaint the presentation of a grievance by the plaintiff in a civil case Answer the presentation of a defendant s defense against an allegation in a civil case Contingent fee a fee paid to the lawyer in a civil case and which is contingent on winning the case Preponderance of the evidence the standard of proof in a civil jury case by which the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff Capital case a criminal case that calls for the death penalty Felony a serious criminal offense punishable by a prison sentence or a fine A capital felony is punishable by death Misdemeanor a minor criminal offense usually punishable by a small fine or a short jail sentence Grand jury jury that determines whether sufficient evidence is available to justify a trial grand juries do not rule on the accused s guilt or innocence Indictment a written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted Bench trial a trial held without a jury and before only a judge Plea bargain negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing Beyond a reasonable doubt the legal standard in criminal cases which requires the prosecution to prove that a reasonable doubt of innocence does not exist En banc referring to an appellate hearing with all judges participating Retention election an election in which voters decide yes or no regarding whether to keep an incumbent in office Merit selection a judicial reform under which judges would be nominated by a blue ribbon committee would be appointed by the governor and after a brief period in office would run in a retention election Judicial Campaign Fairness Act a judicial reform under which campaign contributions are limited The courts have jurisdiction to hear class C misdemeanors and minor civil matters e g small claims justice of the peace A vacancy on a court is filled by an appointment by the governor The plaintiff has the burden of proof in a civil case and must convince the jury by a preponderance of the evidence involves disputes between individuals and or businesses over relationships obligations or responsibility with the remedy usually being monetary compensation Civil law The highest court in Texas for civil matters is the Texas Supreme Court were created by the Texas legislature to have jurisdiction over violations of city ordinances and class C misdemeanors Municipal Courts Capital cases are appealed directly to the Texas Court of Criminal Appeals Which judges must have the most experience at least 10 years and must be at least 35 years of age appellate judges An individual who cannot afford an attorney in a criminal case is provided a court appointed attorney percent of criminal defendants agree in a plea bargain to plead guilty in return for reduced severity for their sentence Ninety seven involves the violation of the concepts of right and wrong as defined by statute and is usually punishable by a specified amount of time in jail Criminal law Contributions to candidates in judicial elections usually come from lawyers interest groups and potential litigants In a criminal trial in a state district court in order to find a defendant guilty or not guilty what type of jury verdict is required a unanimous verdict In Harris County and in other large urban counties the state trial courts are given specialized jurisdiction over all of the following except maritime law Texas judges with the exception of municipal judges are elected in partisan elections Votes in judicial elections usually reflect the strength of party labels A consists of twelve persons who serve for two to six months and who determine whether the state has enough evidence to support the issuance of an indictment grand jury The state has the burden of proof in a criminal case and must convince the jury beyond a reasonable doubt The major trial courts of the state which handle trials involving criminal or civil matters are the district courts The county court has the power to hear all of the following types of cases except felony cases Which court represents the lowest level of the courts with limited jurisdiction local trial courts The highest court in Texas for criminal matters is the Texas Court of Criminal Appeals Before the growth of the Republican Party in Texas in the 1980s judicial elections were competitive only in the Democratic primary


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UNT PSCI 1040 - Chapter 25

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