MGMT 211 1nd Edition Lecture 5Outline of Last Lecture I. Freedom of SpeechII. Freedom of ReligionIII. 4th Amendment – Freedom from Unreasonable Search and SeizureIV. 5th Amendment – Self-IncriminationOutline of Current Lecture I. 5th Amendment – Due ProcessII. 5th Amendment – Eminent DomainIII. 14th AmendmentIV. Right of PrivacyV. Types of Judicial SystemsVI. Texas Court SystemCurrent LectureChapter 2: Constitutional LawI. 5th Amendment – Due Processa. 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 fairc. Two Types of Due Processi. Substantive Due Process – what is a crime (rarely tried)ii. Procedural Due Process – step by step process1. Government must follow the procedure that is set out in lawa. Sometimes law enforcers skip steps which is a violation of due processd. If the dealth penalty is involved the state must give you ultimate due processThese 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. 5th Amendment – Eminent Domaina. 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 beb. Kelo v. City of New Londoni. 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)III. 14th Amendmenta. Reverse Doctrine of Incorporationb. Includes Due Process and Equal Protectionc. Equal Protection means that if the government is going to make a classification then it must justify the classificationi. Lowest level is Rational Basis: like in state versus out of state tuitionii. Middle level is Substantial Reasoning: Gender classification and legitimate versusilligitament childreniii. Highest level is a Compelling, Over-Riding Reason: Race and National OriginIV. Right to Privacy (1960s case)a. Created by the courtsb. Griswold v. Connecticuti. Connecticut law against Contraceptives that the Supreme Court declared unconstitutionalc. Roe v. Wadei. Prosecuted for attempting to get an abortion (did not actually get an abortion) Supreme Court decided abortion was legal1. Later courts have made this right more and more restrictived. 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 businessChapter 3: Litigation and Alternate Dispute ResolutionV. Types of Judicial Systemsa. Criminal – most businesses don’t get into criminal casesi. Major differences from Civil cases1. Burden of Proof2. Criminal verdict must be unanimous3. Criminal has bifurcated trial (2 trials)4. Jury is guaranteed by Constitutionb. Civil – Focus of the classi. No Court Appointed Attorneyii. Usually the standard of evidence is just a preponderanceiii. No 5th Amendment protection against Self-Incriminationiv. Plaintiff brings lawsuit against the defendantv. Trial Courts – unlimited time1. 1 Judge parties put on evidence with testimonies from witnesses2. Judge or jury might rule on what the facts are3. Judge determine the law on the factsvi. Appellate Courts1. 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 judges4. Usually has 3 judges or can be “En Banc” which includes all the judges for the court5. Limited amount of time for the trialvii. Steps to Appeal1. Appellant gives notice of appeal2. Record is sent to the appellate court3. Briefs are prepared and filed4. Oral arguments are held (30 minuets each)5. The decisions is given whenever the judges feel like giving itc. Administrative Court Systemi. Different from Civil and Criminal courts1. Handles rules of regulationii. Covered in Chapter 6VI. Texas Court System (4 tiers of court)a. First Tier (not courts of record)i. Municipal Courts1. Must have home rule to establish2. Judges are usually appointed by the city council3. Hears cases arising from the City Code of Ordinances and goes up to $500 in fines and is criminal only and Class C Misdemeanorsii. Justice of the Peace Courts (Elected)1. Civil cases of Class C outside city limits and criminal cases and specialized cases2. County divided into 4 JPs or more if necessary3. JPs are elected by whoever they serve in a partisan election4. Qualifications: able to voteb. Second Tier (Appeal to Count Court and County Court at Law)i. County Court (trial de novo); no requirements to be the judge1. Created by the Texas Constitution2. Each county gets 1 county court3. 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 legislature2. Must be in good standing as an attorney to be the judge3. Some can have jurisdiction over family law and some cant4. Not all County Court jurisdictions are the sameiii. District Court (District Courts go between counties)1. Can hear high dollar cases and civil cases2. Can hear felonies3. Can always hear family law cases4. Not an appellate