The Judicial Branch. Chapter

Transcription

1 The Judicial Branch Chapter 11

2 Learning Objectives 11.1 Identify the sources of Texas law Compare the functions of all participants in the justice system Describe the judicial procedure for the adjudication of civil lawsuits Describe the judicial procedure for the adjudication of criminal cases. Copyright 2016 Cengage Learning. All rights reserved. 2

3 State Law in Texas Texas has one of largest judicial systems in the country Civil law-noncriminal matters, business contracts, personal injury, divorce Criminal law-felony and misdemeanor or felony. Against other persons and property or in violation of laws or ordinances 3

4 State Law in Texas Misdemeanor-classified as A,B, or C, a misdemeanor may be punished by fine and/or jail sentence Felony-a serious crime punished by fine and prison confinement Jurisdiction-a court's authority to hear a particular case 4

5 State Law in Texas Sources of Law Provisions of Constitution Legislative statutes State agency regulations Judge-made common law Code Revision Texas Legislative Council-Reorganizing laws into specific topics into a systematic and comprehensive arrangement of legal codes since 1963/2003 statutes 5 related to local governments

6 Trial and Appellate Courts Original jurisdiction-the power of a court to hear a case first Appellate jurisdiction-the power of a court to review cases after they have been tried elsewhere Exclusive jurisdiction-the authority of only one court to hear a particular type of case Ex. Municipal court/ordinances 6

7 Trial and Appellate Courts Exclusive jurisdiction-the authority of only one court to hear a particular type of case Ex. Municipal court/ordinances/dog bites Ex. Justice of the Peace disputes less than $200 Original and exclusive for ordinances 7

8 Trial and Appellate Courts Concurrent jurisdiction-the authority of more than one court to try a case for a civil dispute involving more than $200- $10,000 may be heard in a justice of the peace court, a county court /county court at law/district court Example 2 Both the municipal and justice of the peace concurrent class C misdemeanors 8

9 Trial and Appellate Courts Local trial courts Municipal courts-city-run court with jurisdiction primarily over Class C misdemeanors committed withing a city's boundaries. Ordinances/dog bites/traffic tickets/marriages/limited civil jurisdiction. Misdemeanors with fine only (no confinement) Justice of the peace courts-handles minor civil and criminal cases Don't need a lawyer People's court /small claims.. Evictions/traffic, simple assault/marriages/civil up to 10,000 9

10 Trial and Appellate Court Both have criminal misdemeanors punishable by fine only ( no confinement) Both have magistrates/issue warrants/conduct hearings for bail Both have no appellate jurisdiction For the most part, both are not courts of record/electronic devices to record records testimony and proceedings (actually 10% of municipal are courts of record). If no transcript can receive a trial de novo (new trial) 10

11 Trial and Appellate Court Qualifications and compensation for judges vary among the different courts. Ex. Justice of the Peace elected in partisan election/ municipal judges can be elected or appointed by city charter(not necessary to be a licensed attorney) Justice of the Peace who is not a layer 80 hour course 11

12 Court Structure of Texas Critical Thinking Question: How could Texas simplify its court system? Copyright 2016 Cengage Learning. All rights reserved. 12

13 Trial and Appellate Courts County trial courts-each of Texas's 254 counties has a county court and a county judge Original and appellate jurisdiction $200- $10,000 and appeals from the municipal and justices of the peace courts Probate Criminal jurisdiction-misdemeanors A and B 13

14 Trial and Appellate Courts Statutory courts in areas with large populationscalled county courts at law to relieve constitutional county court judges of some court room duties Limited to misdemeanors (A and B) (DWI's theft, sexual harassment, assault) Civil jurisdiction $200-$200,000 Legislature has created statutory county probate courts to handle guardianship and competency proceedings, as well as the admission of wills 14 to probate.

15 Trial and Appellate Courts State trial courts Most designated as district courts A few are called criminal district courts Each district-level court has jurisdiction over one or more counties ( Harris/Fort Bend) Some of heavily populated more than one district court Concurrent jurisdiction with lower courts begins at this level 15

16 Trial and Appellate Courts State trial courts Try civil and criminal cases All criminal cases are matters of original jurisdiction. Ex. Murders, rapes, thefts of certain amounts, burglary and major assaults Jurisdiction extends to all types of felonies (limited misdemeanors) 16

17 Trial and Appellate Courts State trial courts Appeal after a death penalty sentence is taken directly to the Court of Criminal Appeals. Not all criminal convictions are death penalty cases so some other criminal convictions are appealed to an intermediate appellate court 17

18 Trial and Appellate Courts State trial courts District courts have exclusive original jurisdiction over civil cases involving divorce, land titles, contested elections. Contested will, slander and defamation of character Original jurisdiction in $200 or more Appeals of civil cases go to courts of appeals 18

19 Trial and Appellate Courts Intermediate appellate courts 14 state court of appeals districts 3 or more judges with staggered six-year terms(chief justices and from 2 to 12 justices) Decisions require majority vote of panel ( Usually 3 on a panel so decisions are 3-0 or 2-1) Examine written record or case and review briefs(written arguments) hear oral arguments 19 by the attorneys

20 Trial and Appellate Courts Intermediate appellate courts Appeals Courts (14 across Texas) Final jurisdictions includes cases involving divorce, slander, boundary disputes and elections held for purposes other than choosing government officials (for example, bond elections). 20

21 Trial and Appellate Courts Intermediate appellate courts Once again, no death penalty or DNAforensic testing for individuals sentenced to death. Those would go directly to the Court of Criminal Appeals. 21

22 Comparable Salaries of Highest Court Justices and Judges Critical Thinking Question What is fair compensation for a judge or justice? Copyright 2016 Cengage Learning. All rights reserved. 22

23 Trial and Appellate Courts Highest appellate courts Bifurcated court system Only Texas and Oklahoma Court of Criminal Appeals Highest court with criminal jurisdiction Members are elected statewide Automatic right of appeal from the district court (death penalty cases) 23

24 Trial and Appellate Courts Most cases come to the court from courts of appeals (of the 229 direct appeals resolved by the court in 2013, only 11 involved death penalty cases Supreme Court of Texas Highest court with civil jurisdiction. Has 9 members, one chief justice (Wallace Jefferson up to 2015) and 8 members) Elected statewide 24

25 Trial and Appellate Courts Nearly all of the court's docket involves appeals of cases from the appeals courts. Limited original jurisdiction -denial of a place on an election ballot) Highest court with civil jurisdiction. Has 9 members, one chief justice (Wallace Jefferson up to 2015) and 8 members 25

26 Trial and Appellate Courts Supreme Court of Texas Rule of 4 to hear a case. Only granted an initial review to 12% of the almost 800 petitions Establishing the rules of civil procedure for the state's lower courts and transferring cases for the purpose of equalizing workload among the courts of appeals; appoint the members of the Board of Law Examiners State of the Judiciary/E-FilingTechnology 26

27 (left) The Supreme Court of Texas (right) Texas Court of Criminal Appeals Critical Thinking Question Would Texas benefit from greater racial, ethnic, gender, and political diversity on its highest courts? Copyright 2016 Cengage Learning. All rights reserved. 27

28 Trial and Appellate Courts Specialty courts-created by county commissioner's court dual rationaleefficiency and therapy. If treatment successful, the presiding judge can enter an order of nondisclosure for most offenders. 28

29 Trial and Appellate Courts Cluster courts-traveling courts Child protective services Drug courts-treatment options rather than incarceration for substance abusers Veterans courts-mental disorder related to their military service experiences 29

30 Trial and Appellate Courts Alternative dispute resolution-set up by counties. Speed the handling of civil disputes and cut legal costs Mediator to negotiate disputes Vanishing jury trial collaborative divorce is another nonadversarial method for resolving disputes outside the courtroom. If abuse involved victim must request using a collaborative process/limit 30 possibility of further violence

31 Selecting Judges and Justices Chosen in partisan elections Many oppose this practice Missouri Plan-A judicial selection process in which a commission recommend a panel of names to the governor who appoints a judge for one year or so before voters determine whether the appointee will be retained 31 for a full term.

32 Selecting Judges and Justices Have had problems in Missouri and Florida. Does not allow or limits the selections from which a conservative governor can choose from 32

33 Selecting Judges and Justices Appointment-retention system- A merit plan for judicial selection in which the governor makes an appointment to fill a court vacancy for an interim period, after which the judge must win a full term in an uncontested popular elections 33

34 Disciplining and Removing Judges and Justices Removed by voters, trial by jury, by legislative address or impeachment State Commission on Judicial Conductimportant role in disciplining the state's judiciary. Six judges, each from a different level court, 2 attorneys and 5 private citizens 34

35 Disciplining and Removing Judges and Justices Criticized for being too lenient Sometimes disciplinary actions were reversed in appellate proceedings Judge ordered to take additional training and can be appealed to the chief justice of the Texas Supreme Court ( appoints a Special Court of Review) 35

36 Disciplining and Removing Judges and Justices Oversees Amicus Curiae- Service provider for judges suffering from substance abuse or mental or emotional disorders. Participation is voluntary. 36

37 Lawyers State Bar of Texas A licensed attorney must be a member of the State Bar of Texas and pay dues for its support. Lobbying activities and its role in enforcing ethical standards Authorized to discipline, suspend, and disbar attorneys. 37

38 Lawyers State Bar of Texas Information about an attorney's professional disciplinary record is available and also oversees an extensive continuing legal and education program 38

39 Lawyers State Bar of Texas Legal services for the poor Contingency fee Texas Access to Justice Commission- Coordinate and increase delivery of legal services to the state's poor Attorney volunteers/2.5 million hours Special programs Texas Lawyers for Texas Veterans/For-profit companies low cost 39

40 Juries Grand jury Chosen by key-man system or at random Determine if there is evidence to warrant a trial Does not determine guilt or innocence True bill ( 9 agree for indictment) or No bill Prosecuting attorney allowed. Defense attorney not allowed. Individual may elect to talk to grand jury. Often not advocated by defense attorney 40

41 Juries Petit jury (trial)- A trial jury of 6 or 12 members Minimal qualifications to serve Venire- a panel of prospective jurors drawn by random selection. These prospective jurors are called veniremen Voir dire-courtroom procedure in which attorneys question prospective jurors to identify any who cannot be fair and impartial. 41

42 Juries Petit jury (trial)- A trial jury of 6 or 12 members An attorney challenges prospective juror either by peremptory challenge without having to give a reason Challenge for cause (an unlimited number) Jurors many not be eliminated on the basis of race or ethnicity 42

43 Judicial Procedures in Civil Cases Important subjects of civil law Torts Contracts Domestic relations Three types of damages Economic-lost wages and expenses Noneconomic- loss in quality of life disfigurement, emotional distress) 43

44 Judicial Procedures in Civil Cases Important subjects of civil law Exemplary or punitive( intended to punish the defendant) Originally juries determined the maximum amount of money judgments. Now these recovery amounts, especially for noneconomic and exemplary damages are restricted by law Reduction of malpractice/more doctors 44

45 Judicial Procedures in Civil Cases Important subjects of civil law The number of filed lawsuits dropped by two-thirds and recoveries were cut buy about on-fourth Skeptics note the cost of health care and health insurance premiums for consumers has continued to rise ( But more factors than tort reform affect the price of premiums) 45

46 Judicial Procedures in Civil Cases Civil Trial Procedure Plaintiff-injured party that initiates a civil suit or the the state in a criminal proceeding Defendant The person sued or prosecuted in a criminal proceeding Petition is filed Clerk issues citation Discovery 46

47 Judicial Procedures in Civil Cases Civil Trial Procedure Discovery-examining documents, obtaining written and oral answers to question inspecting property under the control of the other party and other activities Over the past 25 years, the number of cases decided by a jury has decreased by more then 60%. Less than 0.4 percent of civil lawsuits are tried to a jury 47

48 Judicial Procedures in Civil Cases Civil Trial Procedure After the jury determines the facts ( by answering special issues, or a series of questions about the facts in the case), the judge applies the law to that version of the facts. If no one demands a jury, the trial judge decides all facts and applies the law 48

49 Judicial Procedures in Civil Cases Trial and Appeal of a Civil Case Brief opening statements Plaintiff presents/defendant crossexamines Defendant offers evidence/plaintiff challenges 49

50 Judicial Procedures in Civil Cases Trial and Appeal of a Civil Case Judge writes charge to jury-instructs the jury on the rules governing their deliberations and defines various terms. Then attorneys make their closing argument to the jurors. The jury will not be asked directly whether the plaintiff or the defendant 50

51 Judicial Procedures in Civil Cases Trial and Appeal of a Civil Case Special issues- Instead answer a series of questions that will establish the facts of the case. At least 10 out of the 12 jurors' agree on answers to all of the special issues Verdict (jury)-jury's decision Judgment (judge)written decision on jury 51

52 Judicial Procedures in Criminal Cases Criminal Justice System Rules of criminal procedure are made by the legislature Texas Code of Criminal Procedure is write to comply with US Supreme court rulings regarding confessions, arrests, searches, and seizures 52

53 Judicial Procedures in Criminal Cases Criminal Justice System Police must advise of suspect of rights (Miranda warning) Person unable to afford attorney is assigned one Some counties have public defenders Right to trial by jury is guaranteed May be waived, except in death penalty cases Plea bargaining-pleads guilty in return for a promise that the prosecutor will seek a lighter sentence or will recommend community 53 supervision

54 Judicial Procedures in Criminal Cases Criminal Trial and Appeal Jury selected Misdemeanor or felony Defendant enters plea State and defense present cases Judge charges jury Attorneys present final arguments 54

55 Judicial Procedures in Criminal Cases Criminal Trial and Appeal If jurors are hopelessly split, the result is a hung jury. Judge declares a mistrial and discharges the jurors If a jury brings a verdict before a court, the judge may choose to disregard it and order a new trial on the grounds that the jury failed to arrive at a verdict that achieves substantial justice 55

56 Judicial Procedures in Criminal Cases Criminal Trial and Appeal In a jury trial, the jury may fix the sentenced if the convicted person so requests; otherwise the judge determines the sentence Separate hearing on the penalty is held at which time the person's prior criminal or juvenile record, reputation and other relevant s factors are introduced Right to an appeal on grounds that an error in trial procedure occurred 56

57 The Supreme Court Changes the Law of the Land on Same-Sex Marriage Click picture to watch video Copyright 2016 Cengage Learning. All rights reserved. 57

58 Video Discussion Questions 1. Given the fact that states regulate marriage, how does this Supreme Court decision affect Texas residents? 2. Are any challenges pending in Texas courts regarding this issue? 3. What is Texas law regarding samesex marriage? Copyright 2016 Cengage Learning. All rights reserved. 58