Chapter 28-2: Texas Judicial Branch and Courts

SystemsGuided Notes

Texas Judicial System

A. Consists of :1) Courts2) Judges3) Law enforcement agenciesB. Serves the purposes of:• Supporting a system for the trial and punishment of

criminals• Providing a system to arbitrate (resolve) legal disputes• Deciding the meaning and enforcement of state laws

Texas’s Judicial System

C. Has Authority over:• Texas Civil Law• Texas Criminal Law, as well as the right to oversee• Legality of laws passed by Legislative branch

and Executive branch of Texas government

Texas Civil Law

A. Civil Law pertains to legal disputes between:• Private citizens

• Businesses• Governments

B. Most civil cases concern disputes about:1) Money

2) Property3) Insurance claims

4) Child custody and support

C. Criminal Law: 1. Laws that describe what people can and

cannot do. 2. It deals with crime and the legal punishment

of criminal offenses.3. There are two types of offenses:• A felony is a "very serious" crime.• A misdemeanor is a "lesser" criminal act.

D. Felony

• Felons can receive punishments which range in severity from

probation, imprisonment, and execution.

Punishments Can Include:

•Loss of voting rights

•Exclusion from certain jobs

Restricted from:

•Obtaining certain licenses

•Purchase/possession of firearms

•Running for public office

E. Misdemeanors

• Misdemeanors are less severe than felonies.

• In general, misdemeanors are crimes with a maximum punishment of 12 months or less of incarceration, typically in a local jail.

E. Misdemeanors• Often punished with probation, community

service or part-time imprisonment, served on the weekends.

• Misdemeanors never result in the loss of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment

F. Plea Bargain• This is made when a person

charged with a crime (defendant) agrees to plead guilty to a lesser charge.

G. The Jury System

1. Grand Jury: Decides whether a trial is warranted (legally necessary)

• Consists of 12 citizens called jurors • At least 9 out of 12 jurors must agree on

whether decision of trial

2. Petit Jury: Decides verdict.

•Verdict must be unanimous: all guilty or all not guilty.

•Depending on case, either the judge or jury decides sentence.

H. Jury Bills

• When there is enough evidence for a trial, the “charge” is called “true bill”

• When there is not enough evidence for a trial, the “charge” against a person is called “no

bill” and dropped

(3) Texas Trial Courts

Trial Courts

District Courts

County Courts

Municipal and Justice of the Peace Courts

(3) TEXAS TRIAL COURTS

1. District Courts: Most Texas District courts try BOTH criminal and civil cases

2. County Courts: Texas Constitution requires each of the 254 counties in Texas to have at least one county court

County courts try Civil cases between $500.00 and $5,000.00 and criminal misdemeanor cases with fine over $2,000.00

3A. Municipal Courts: Located in larger cities. Violations of city ordinances and Misdemeanor cases with maximum fines below $2,000.00

3B. Justice of the Peace

• Located in small towns and rural areas• Try civil cases• Minor criminal cases• Issue search warrants• Perform marriages• Set bail costs• Determine cause of death• Can send cases to higher courts

Appeals Courts• 14 Courts of Appeals

• Listen to Civil and Criminal cases appealed from District or County courts.

• Each Court of Appeals has at least 3 justices, including a presiding chief justice.

• The specific number of justices on each court is established by the Legislature.

• Judges on the Texas Courts of Appeals serve 6-year terms

Justice for JuvenilesTexas Department of Juvenile

Corrections oversees 1)juvenile trials,2) facilities, 3) boot camps, 4) courts, and 5)

rehabilitation for offenders up to the age of 18

Famous Texan Judges

• In 1978 Raul A. González became the first Hispanic appointed or elected to statewide office in 1978. He later served as Texas State Judge for the Court of Appeals and Texas Supreme Court.

Famous Texan Judges

• The current and 48th governor of Texas, Greg Abbott, is a former Attorney General of Texas. He was also a former justice on the Texas Supreme Court. He was appointed in 1995 by then-Governor George W. Bush.