MGMT 211 1nd Edition Lecture 5 Outline of Last Lecture I Freedom of Speech II Freedom of Religion III 4th Amendment Freedom from Unreasonable Search and Seizure IV 5th Amendment Self Incrimination Outline of Current Lecture I 5th Amendment Due Process II 5th Amendment Eminent Domain III 14th Amendment IV Right of Privacy V Types of Judicial Systems VI Texas Court System Current Lecture Chapter 2 Constitutional Law I 5th Amendment Due Process a Doctrine of Incorporation Same as 14th Amendment b Due Process isn t defined in the constitution but the definition basically means the government has to play by the rules that they set up or trials have to be fair c Two Types of Due Process i Substantive Due Process what is a crime rarely tried ii Procedural Due Process step by step process 1 Government must follow the procedure that is set out in law a Sometimes law enforcers skip steps which is a violation of due process d If the dealth penalty is involved the state must give you ultimate due process These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute II III IV 5th Amendment Eminent Domain a If the government needs your property or wants it they can take it for just compensation i Loss of property usually can t be successfully challenged but the amount of compensation can be b Kelo v City of New London i Supreme Court decided it was legal for governments to take property for financial gain but a state can make a law preventing this may not actually prevent it from occurring though 14th Amendment a Reverse Doctrine of Incorporation b Includes Due Process and Equal Protection c Equal Protection means that if the government is going to make a classification then it must justify the classification i Lowest level is Rational Basis like in state versus out of state tuition ii Middle level is Substantial Reasoning Gender classification and legitimate versus illigitament children iii Highest level is a Compelling Over Riding Reason Race and National Origin Right to Privacy 1960s case a Created by the courts b Griswold v Connecticut i Connecticut law against Contraceptives that the Supreme Court declared unconstitutional c Roe v Wade i Prosecuted for attempting to get an abortion did not actually get an abortion Supreme Court decided abortion was legal 1 Later courts have made this right more and more restrictive d Lawrence v Texas Sodomy Law i Texas had a law against sodomy that the Supreme Court decided was unconstitutional because what two people do in the privacy of their own bedroom is not the states business Chapter 3 Litigation and Alternate Dispute Resolution V Types of Judicial Systems a Criminal most businesses don t get into criminal cases i Major differences from Civil cases 1 Burden of Proof 2 Criminal verdict must be unanimous 3 Criminal has bifurcated trial 2 trials 4 Jury is guaranteed by Constitution b Civil Focus of the class i No Court Appointed Attorney ii Usually the standard of evidence is just a preponderance iii No 5th Amendment protection against Self Incrimination iv Plaintiff brings lawsuit against the defendant VI v Trial Courts unlimited time 1 1 Judge parties put on evidence with testimonies from witnesses 2 Judge or jury might rule on what the facts are 3 Judge determine the law on the facts vi Appellate Courts 1 Appeal from a trial court must have a trial first 2 Purpose is to determine if a lower court made a legal mistake doesn t determine what the facts were 3 No witnesses no jury just judges 4 Usually has 3 judges or can be En Banc which includes all the judges for the court 5 Limited amount of time for the trial vii Steps to Appeal 1 Appellant gives notice of appeal 2 Record is sent to the appellate court 3 Briefs are prepared and filed 4 Oral arguments are held 30 minuets each 5 The decisions is given whenever the judges feel like giving it c Administrative Court System i Different from Civil and Criminal courts 1 Handles rules of regulation ii Covered in Chapter 6 Texas Court System 4 tiers of court a First Tier not courts of record i Municipal Courts 1 Must have home rule to establish 2 Judges are usually appointed by the city council 3 Hears cases arising from the City Code of Ordinances and goes up to 500 in fines and is criminal only and Class C Misdemeanors ii Justice of the Peace Courts Elected 1 Civil cases of Class C outside city limits and criminal cases and specialized cases 2 County divided into 4 JPs or more if necessary 3 JPs are elected by whoever they serve in a partisan election 4 Qualifications able to vote b Second Tier Appeal to Count Court and County Court at Law i County Court trial de novo no requirements to be the judge 1 Created by the Texas Constitution 2 Each county gets 1 county court 3 This judge basically runs the county and presides over probate maters wills 4 Original over Cass A and B misdemeanors ii Count Court at Law Judge must have a law license 1 Created by the legislature 2 Must be in good standing as an attorney to be the judge 3 Some can have jurisdiction over family law and some cant 4 Not all County Court jurisdictions are the same iii District Court District Courts go between counties 1 Can hear high dollar cases and civil cases 2 Can hear felonies 3 Can always hear family law cases 4 Not an appellate court