1. trial and appellate courts jurisdiction the authority of a court to hear a particular case ...

Trial and Appellate Courts Trial and Appellate Courts Jurisdiction Jurisdiction

The authority of a court to hear a particular caseThe authority of a court to hear a particular case

Original Jurisdiction Original Jurisdiction The power of a court to hear a case firstThe power of a court to hear a case first

Appellate Jurisdiction Appellate Jurisdiction The power of a court to review cases after they The power of a court to review cases after they

have been to trial elsewherehave been to trial elsewhere

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Trial and Appellate CourtsTrial and Appellate CourtsLocal Trial CourtsLocal Trial Courts

Municipal courts and justice of the peace courtsMunicipal courts and justice of the peace courts Handle cHandle charges involving Class C misdemeanors, harges involving Class C misdemeanors,

perform marriages, serve as magistrates of the stateperform marriages, serve as magistrates of the state Municipal courts of recordMunicipal courts of record

County Trial CourtsCounty Trial Courts At least 1 in every countyAt least 1 in every county Most constitutional county courts have original Most constitutional county courts have original

and appellate jurisdiction, as well as probate, civil, and appellate jurisdiction, as well as probate, civil, and criminal jurisdictionand criminal jurisdiction


Trial and Appellate CourtsTrial and Appellate CourtsState Trial CourtsState Trial Courts

District-level courts of general and special District-level courts of general and special jurisdictionjurisdiction

Most state trial courts are designated simply as Most state trial courts are designated simply as district courts.district courts.

Most Most try both criminal and civil casestry both criminal and civil cases

Appellate CourtsAppellate Courts Courts Courts of appeals, the Court of Criminal Appeals, of appeals, the Court of Criminal Appeals,

and the Supreme Court of Texasand the Supreme Court of Texas 14 state court of appeals districts14 state court of appeals districts


Trial and Appellate CourtsTrial and Appellate CourtsSupreme CourtSupreme Court

Highest court with civil jurisdictionHighest court with civil jurisdiction Nine members elected statewide on a partisan Nine members elected statewide on a partisan

basisbasis Nearly all of the courtNearly all of the court’’s docket involves appeals of s docket involves appeals of

casescases Formulates Formulates the rules of civil procedurethe rules of civil procedure Can transfer cases to equalize workloadsCan transfer cases to equalize workloads Texas Court Records Preservation Task ForceTexas Court Records Preservation Task Force


Trial and Appellate Trial and Appellate CourtsCourtsSelecting JudgesSelecting Judges

Partisan elections for all Partisan elections for all except municipal judgesexcept municipal judges

Opposed by some, Opposed by some, including most statesincluding most states

Missouri PlanMissouri Plan


Disciplining and Removing Judges and Disciplining and Removing Judges and JusticesJustices Judges Judges can be removed by the voters at the can be removed by the voters at the

next election; by trial by jury; or if they are state next election; by trial by jury; or if they are state court judges, by legislative address or court judges, by legislative address or impeachmentimpeachment

The State Commission on Judicial ConductThe State Commission on Judicial Conduct Special Court of Review (a three-judge panel of Special Court of Review (a three-judge panel of

appellate judges)appellate judges) Amicus Curiae programAmicus Curiae program


Lawyers Lawyers More than 78,000 lawyers in TexasMore than 78,000 lawyers in Texas State Bar Of Texas State Bar Of Texas

Practicing lawyer must be a memberPracticing lawyer must be a member Promotes ethical conduct and conducts training Promotes ethical conduct and conducts training

programs programs


LawyersLawyers Legal services for the poorLegal services for the poor

Bill of Rights of the Texas Constitution and 6Bill of Rights of the Texas Constitution and 6thth Amendment of U.S. Constitution guarantee legal Amendment of U.S. Constitution guarantee legal representationrepresentation

Office of Capital Writs manages habeas corpus Office of Capital Writs manages habeas corpus appealsappeals

Legal AidLegal Aid Attorney volunteersAttorney volunteers


Juries Juries Grand JuryGrand Jury

Composed of 12 citizens with qualifications of trial Composed of 12 citizens with qualifications of trial jurors who serve three to six monthsjurors who serve three to six months

Determine if sufficient evidence exists to indict Determine if sufficient evidence exists to indict accused accused

Trial Jury (petit jury)Trial Jury (petit jury) Most people are summoned at least onceMost people are summoned at least once Given brief legal instructionsGiven brief legal instructions


Juries Juries Qualifications, Selection, and Compensation Qualifications, Selection, and Compensation

of Jurorsof Jurors A citizen of at least eighteen years of ageA citizen of at least eighteen years of age Of sound mind and able to read and writeOf sound mind and able to read and write Neither a convicted felon or under indictmentNeither a convicted felon or under indictment Jurors chosen from a venire (panel of prospective Jurors chosen from a venire (panel of prospective

jurors), then questioned by lawyers in voir direjurors), then questioned by lawyers in voir dire


Civil Justice SystemCivil Justice SystemCivil LawCivil Law

Matters not covered by criminal lawMatters not covered by criminal law Torts, contracts, domestic relations Torts, contracts, domestic relations

May recover three types of damagesMay recover three types of damages Economic Damages – wagesEconomic Damages – wages Noneconomic damages – loss in quality of lifeNoneconomic damages – loss in quality of life Punitive Damages – intended to punishPunitive Damages – intended to punish

Medical MalpracticeMedical Malpractice


Civil Justice SystemCivil Justice System■ Civil trial procedureCivil trial procedure

Texas Supreme Court makes rules of civil Texas Supreme Court makes rules of civil procedures procedures

Plaintiff – injured party who initiates civil suitPlaintiff – injured party who initiates civil suit Defendant – the person being sued Defendant – the person being sued Jury trial optional but rareJury trial optional but rare

■ Trial and appeal of a civil caseTrial and appeal of a civil case


Criminal Justice SystemCriminal Justice SystemThe State of Texas has identified The State of Texas has identified

approximately 2,600 crimes as felonies.approximately 2,600 crimes as felonies.Graded PenaltiesGraded Penalties

Different actions result in different levels of penal Different actions result in different levels of penal code violations – first, second and third degree code violations – first, second and third degree feloniesfelonies

Three classes of misdemeanors – A, B, CThree classes of misdemeanors – A, B, C Capital felonyCapital felony

Crime punishable by death or life imprisonmentCrime punishable by death or life imprisonment


Criminal Justice SystemCriminal Justice SystemDeath Penalty on declineDeath Penalty on declineReasonsReasons

Concern about execution of innocent individualsConcern about execution of innocent individuals Life without parole optionLife without parole option Cost of prosecutionCost of prosecution


Criminal Justice SystemCriminal Justice SystemCriminal trial procedureCriminal trial procedure

Texas Code of Criminal Procedure Texas Code of Criminal Procedure Pretrial ActivitiesPretrial Activities

Miranda Warning Miranda Warning Brought before judge to hear chargesBrought before judge to hear charges

Judge decides pre-trial release optionJudge decides pre-trial release option Texas Indigent Defense CommissionTexas Indigent Defense Commission

Trial of a criminal caseTrial of a criminal caseVerdict, Sentence and AppealVerdict, Sentence and Appeal


Texas Department of Criminal Justice Texas Department of Criminal Justice ■ Four-Part Mission Four-Part Mission

Providing public safetyProviding public safety■ Correctional Institutions DivisionCorrectional Institutions Division

Promoting positive behavioral changesPromoting positive behavioral changes■ Using discipline and educationUsing discipline and education


Texas Department of Criminal Justice Texas Department of Criminal Justice ■ Four-Part Mission Four-Part Mission

Reintegrating offenders into the general societyReintegrating offenders into the general society Reentry and Integration DivisionReentry and Integration Division Community Justice Assistance Division and the Parole Community Justice Assistance Division and the Parole

DivisionDivision Assisting crime victimsAssisting crime victims

Victim Services DivisionVictim Services Division Crime VictimsCrime Victims’’ Compensation Fund Compensation Fund


Local Government Jails Local Government Jails Counties and Cities Operate Jails Counties and Cities Operate Jails

Financed by county and municipal governments Financed by county and municipal governments Oversight by the Texas Commission on Jail Oversight by the Texas Commission on Jail

StandardsStandards

350 Municipal Jails350 Municipal Jails ““Drunk tanksDrunk tanks””

Private PrisonsPrivate PrisonsState and local governments contract with State and local governments contract with

private companies to construct and operate private companies to construct and operate prisons prisons


Juvenile Justice Juvenile Justice ““Delinquent children”Delinquent children”

Commit felonies or misdemeanors Commit felonies or misdemeanors 10-17 years old10-17 years old

““Status offendersStatus offenders”” Commit noncriminal actsCommit noncriminal acts

Texas Juvenile Justice DepartmentTexas Juvenile Justice DepartmentState and local agenciesState and local agenciesProceduresProcedures

Adjudication hearingsAdjudication hearings


Coping with Crowded Dockets Coping with Crowded Dockets Alternative Dispute Resolution – mediation and Alternative Dispute Resolution – mediation and

arbitrationarbitration Technology Technology

DNA evidenceDNA evidence


Exoneration Exoneration IssuesIssues Between 1989 and Between 1989 and

2012, 44 Texans 2012, 44 Texans were exoneratedwere exonerated

Racial and Ethnic Racial and Ethnic DiversityDiversity Overrepresentation Overrepresentation

of minorities in the of minorities in the criminal justice criminal justice systemsystem


1.1. Identify the sources of Texas law.Identify the sources of Texas law.

2.2. Explain the structure and jurisdiction of Explain the structure and jurisdiction of Texas courts. Texas courts.

3.3. Compare the functions of all participants Compare the functions of all participants in the justice system.in the justice system.


4.4. Describe the judicial procedure for the Describe the judicial procedure for the adjudication of civil and criminal lawsuits.adjudication of civil and criminal lawsuits.

5.5. Explain the four pronged mission of the Explain the four pronged mission of the Texas Department of Criminal Justice.Texas Department of Criminal Justice.

6.6. Evaluate the fairness of TexasEvaluate the fairness of Texas’’s justice s justice system.system.


1.1. True or False: Civil law cases involve True or False: Civil law cases involve

misdemeanors and felonies.misdemeanors and felonies.

2.2. True or False: Texas state law includes True or False: Texas state law includes

judge-made common law based on judge-made common law based on

custom and tradition.custom and tradition.


1.1. A court must have jurisdiction to hear a A court must have jurisdiction to hear a case. What does this mean?case. What does this mean?

2.2. Does Chief Justice Wallace Jefferson Does Chief Justice Wallace Jefferson favor the current method of selecting favor the current method of selecting judges in Texas?judges in Texas?

3.3. True or False: It is the responsibility of True or False: It is the responsibility of the grand jury to determine whether a the grand jury to determine whether a defendant is guilty.defendant is guilty.


1.1. What are the parties to a civil lawsuit What are the parties to a civil lawsuit called?called?

2.2. True or false: In a civil jury trial, jurors will True or false: In a civil jury trial, jurors will be asked to decide which party should be asked to decide which party should win.win.

3.3. A capital felony for which the defendant A capital felony for which the defendant received the death penalty is appealed to received the death penalty is appealed to which court?which court?


1.1. True or False: In recent years the prison True or False: In recent years the prison population in Texas has increased. population in Texas has increased.

2.2. What is the reasoning used to justify What is the reasoning used to justify TexasTexas’’s shift to treatment options in its s shift to treatment options in its prison system?prison system?

3.3. The court of last resort for juvenile The court of last resort for juvenile proceedings is the Texas Supreme Court. Is proceedings is the Texas Supreme Court. Is the juvenile justice system governed by civil the juvenile justice system governed by civil or criminal law?or criminal law?


1.1. True or False: Legal scholars suggest that True or False: Legal scholars suggest that alternative dispute resolution proceedings have alternative dispute resolution proceedings have decreased the number of jury trials.decreased the number of jury trials.

2.2. Most individuals who have been exonerated were Most individuals who have been exonerated were sent to prison based on what type of evidence?sent to prison based on what type of evidence?

3.3. Each year, law enforcement agencies in Texas Each year, law enforcement agencies in Texas must report the number of traffic stops and must report the number of traffic stops and subsequent actions based on those stops. What subsequent actions based on those stops. What problem is this required reporting attempting to problem is this required reporting attempting to limit?limit?


1. trial and appellate courts jurisdiction the authority of a court to hear a particular case ...

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