1. The Judiciary Chapter 9

2. LEARNING OBJECTIVES LO 9.1 Describe the differences between criminal and civil cases and between original and appellate jurisdiction. LO 9.2 Explain how the courts are organized in Texas and identify the jurisdiction of each major court. LO 9.3 Understand the role of grand juries and trial juries and analyze the responsibilities of citizens in the Texas legal system. LO 9.4 Compare and evaluate the most common methods of judicial selection in the United States and in Texas. LO 9.5 Apply what you have learned about the Texas Judiciary. Copyright © 2016 Cengage Learning. All rights reserved. 2

3. LEGAL CASES AND JURISDICTION Civil and Criminal Cases Civil cases Deal primarily with individual or property rights Plaintiff often a private party Burden of proof based on preponderance of evidence Remedy is relief from, or compensation for, violation of legal rights Copyright © 2016 Cengage Learning. All rights reserved. 3

4. LEGAL CASES AND JURISDICTION Civil and Criminal Cases (cont.) Criminal cases Involve a violation of penal law Burden of proof falls on prosecution to prove guilt beyond reasonable doubt Remedy is punishment by fine, imprisonment, or both Copyright © 2016 Cengage Learning. All rights reserved. 4

5. LEGAL CASES AND JURISDICTION Original and Appellate Jurisdiction Original jurisdiction Power to try a case being heard for the first time Judge oversees procedure Jury evaluates the evidence Appellate Jurisdiction Power to review lower court decisions Does not involve new trial Proceedings based on law, not fact Copyright © 2016 Cengage Learning. All rights reserved. 5

6. COURT ORGANIZATION Municipal Courts Exclusive jurisdiction to try violations of city ordinances Handles minor violations of state law Punishment: a fine of $500 or less and no jail sentence Copyright © 2016 Cengage Learning. All rights reserved. 6

7. COURT ORGANIZATION Justices of the Peace Have jurisdiction over: Criminal cases where the fine is less than $500 Civil cases where dispute involves less than $10,000 May issue warrants for search and arrest Qualifications and objectivity Copyright © 2016 Cengage Learning. All rights reserved. 7

8. Copyright © 2016 Cengage Learning. All rights reserved. COURT STRUCTURE OF TEXAS 8 How could the Texas court structure be simplified?

9. Copyright © 2016 Cengage Learning. All rights reserved. JUDICIAL QUALIFICATIONS AND SELECTION IN TEXAS 9

10. COURT ORGANIZATION County Courts Each of 254 Texas counties has county court County judge elected for a four-year term Handles probate and civil matters where the dispute is between $200 and $10,000 Handles criminal matters for serious misdemeanors where punishment is a fine greater than $500 or jail time less than 1 year Copyright © 2016 Cengage Learning. All rights reserved. 10

11. COURT ORGANIZATION District Courts Chief trial courts of the state Jurisdiction Felony cases Civil cases in which matter exceeds $200 Juvenile cases Heavy caseload results in plea bargaining Copyright © 2016 Cengage Learning. All rights reserved. 11

12. DISTRICT COURTS: CATEGORIES OF CASES DISPOSED, YEAR ENDING AUGUST 31, 2013 Copyright © 2016 Cengage Learning. All rights reserved. 12

13. COURT ORGANIZATION Courts of Appeals Fourteen courts of appeals Hear appeals for both civil and criminal cases Only a small percentage of trial court cases are appealed Copyright © 2016 Cengage Learning. All rights reserved. 13

14. Copyright © 2016 Cengage Learning. All rights reserved. APPEALS COURT DISTRICTS (MAP WITH TABLE) 14 How does appellate jurisdiction differ from original jurisdiction?

15. COURT ORGANIZATION Court of Criminal Appeals Dual system of courts of last resort Texas Supreme Court Texas Court of Criminal Appeals Have exclusive jurisdiction over automatic appeals in death penalty cases Copyright © 2016 Cengage Learning. All rights reserved. 15 How likely is it that a conviction will be reversed on appeal in Texas courts?

16. COURT ORGANIZATION Supreme Court Final court of appeals in civil and juvenile cases Has original jurisdiction over Issuance of writs Conduct of proceedings for the involuntary retirement or removal of judges Has power to establish rules for administration of justice Copyright © 2016 Cengage Learning. All rights reserved. 16

17. COURT ORGANIZATION Supreme Court (cont.) One chief justice & eight associate justices Elected for six-year terms Policymaking role Edgewood v. Kirby Copyright © 2016 Cengage Learning. All rights reserved. 17 Why would corporations and plaintiffs’ attorneys have an interest in making contributions to the campaigns of candidates to the Texas Supreme Court?

18. COURT ORGANIZATION Grand Jury Determines whether there is sufficient evidence to bring the accused to trial Indictment True bill No bill Information Alternative to indictment Used for minor offenses Copyright © 2016 Cengage Learning. All rights reserved. 18

19. COURT ORGANIZATION Petit (Trial) Jury A jury in a criminal or civil trial County courts have six-person juries District courts have twelve-person juries Selection of jury panel Challenge for cause Preemptory challenge Copyright © 2016 Cengage Learning. All rights reserved. 19

20. SELECTION OF JUDGES Selection of Judges Appointment (governor or legislature) Merit (or Missouri) plan Elections Partisan (used by Texas) Nonpartisan Copyright © 2016 Cengage Learning. All rights reserved. 20 What are the advantages and disadvantages of selecting judges through partisan elections?

21. STATE-BY-STATE SELECTION OF SUPREME COURT JUSTICES Copyright © 2016 Cengage Learning. All rights reserved. 21

22. SELECTION OF JUDGES The Politics of Judicial Selection in Texas Voter knowledge Partisanship Campaign contributions Copyright © 2016 Cengage Learning. All rights reserved. 22

23. Copyright © 2016 Cengage Learning. All rights reserved. 23 Judicial campaigns in Texas are partisan and expensive affairs. How much does justice depend on party affiliation and the influence of large campaign contributions? How much does justice depend on party affiliation and the influence of large campaign contributions?

24. SELECTION OF JUDGES Ethnic/Racial and Gender Diversity Limited ethnic/racial diversity Gender diversity varies across court levels Lower courts more male-dominated Copyright © 2016 Cengage Learning. All rights reserved. 24

25. THE ETHNIC/RACIAL AND GENDER COMPOSITION OF JUDGES SERVING ON THE TEXAS COURTS: 2013 Copyright © 2016 Cengage Learning. All rights reserved. 25 Does ethnic/racial underrepresentation on the bench undermine legitimacy of state’s judicial system?

26. FIRST AFRICAN AMERICAN ADMITTED TO UNIVERSITY OF TEXAS Copyright © 2016 Cengage Learning. All rights reserved. 26 Click picture to view video

27. VIDEO DISCUSSION QUESTIONS 1.Did the 1950 Sweatt case represent a criminal or a civil suit? 2.Is it likely that limited diversity on the Texas courts affected this case? How? 3.What are the implications of partisan judicial elections on affirmative action? Copyright © 2016 Cengage Learning. All rights reserved. 27