Chapter 3 Flashcards
Difference between Criminal and Civil Cases
Criminal Case
- right to jury trial
- right to court appointed attorney
- protection under 5th amendment if individual
- Beyond reasonable doubt to convict
- unanimous jury vote to convict
- Bifactoral court
- one for guilt innocence
- one for punishment
- multiple judges in Appellate court
Civil Case
- no right to jury trial
- preponderance of evidence to convict (more likely than not)
- majority jury vote to convict
- no right to an attorney
- no protection under 5th amendment
- one trial court
- one judge in Appellate court
4 stages of an Appeal once the Appellate gives a notice of Appeal to the Appellate court
- Appellate files brief on how trial court made mistakes
- Appellee files brief stating how appellate is wrong
- Each party gives 30min oral argument can ask questions
- Decision comes months later
Typical state court system vs Texas Court System?
Typical State
- one trial court
- two appellate courts
Texas
-6 tiers of trial court
3 things that Tier 1 of Texas Court System Involves?
Municipal Courts
Justice of Peace Courts
Small claims Courts
Municipal Courts Tier 1 - Texas Court System
- one in each town
- rules for judge vary by town
- judge appointed by city officials
- jurisdiction ONLY within city limits
- small city ordinances like traffic violations, loud noises, building code violations
- criminal cases up to Class C mistdemeanor
- civil cases up to 10,000
- NOT court of record (but some are)
- appeals go to Trial denovo
Justice of Peace Court Tier 1 - Texas Court System
- created by Texas Consitution
- judge jurisdiction outside city limits
- judge serves precincts not towns
- elected partisian election
- 4 yr term
- 18 yr old and U.S. citizen qualification (don’t have to be attorney)
- hear city ordinance cases like loud noises, traffic violations, building code violations
- criminal cases up to class C mistdemeanor
- civil cases up to 10,000
- not court of record
- appeals go to trial denovo
judge can have other duties
- marry people
- coroner (pronounce people dead)
- set bonds for criminals
Small Claims Court Tier 1 - Texas Court System
- created by statutory law (legislature)
- Texas Law merges small claims court with Justice of Peace Court
- same judge as Justice as Peace Court
- NO Criminal Jurisdiction
- civil cases up to 10,000
- not court of record so appeals go to trial denovo
3 things that Tier 2 of Texas Court System Involves?
County Court
Country Court at law
District Court
County Court Tier 2 - Texas Court System
- Created by Texas Constitution
- 1 per county
-Class A and Class B misdemmeanors
DWI, MIP
-Civil Cases $200-1000
-Courts can specialize
probate jurisdiction
family law
civil/criminal ONLY
- 4 yr term
- partisian election
- elected by city officials
-can be appellate court (trial denovo from tier 1)
County Court at Law Tier 2 - Texas Court System
- Created by Statutory law
- created because County court didn’t have enough jurisdiction
- is a state court
- can cross county lines
-civil cases $250-$100,000
-Class A and Class mistdemeanor
MIP, DWI
-can be Appellate Court (trial denovo from tier 1)
-can turn into a special court
family jurisdiction, only civil, only criminal
depends on county
District Court Tier 2 - Texas Court System
- Created by Constitution
- ONLY a trial court
- can be multiple in one county or one per county
- Multi-million dolla Civil cases (make up 2/3)
- family law civil cases
- election contest civil cases
- title land civil cases
- felony Criminal cases (make up 1/3)
- NOT appellate court
- appeals go to Court of Appeals (except for Capital murder trials with death penalty)
- capital murder appeals w/death penalty to Court of Criminal Appeals
What are the Tier 3 and Tier 4 courts?
TRUE appellate courts
Court of Appeals (1st level)
Supreme Court (2nd level)
Court of Criminal Appeals (3rd level)
Judge Qualifications of County Court Tier 2 - Texas Court System?
- 4 yr term
- partisian election
- elected by city officials
- don’t have to be attorney to be judge
Judge Qualifications of County Court at Law Tier 2 - Texas Court System?
- 4 yr term
- partisian election
- elected by County
- have to have LAW DEGREE
- lived in county for two years
- practice law or be judge for past 4 yrs
Judge Qualifications of District Court Tier 2 - Texas Court System
- 4 yr term
- partisian election
- elected by people of District
- Resident of district for more than 2 years
Judge qualifications of Court of Appeals, Supreme Court, Court of Criminal Appeals Tier 3 and Tier 4 - Texas Court System
- 6 yr term
- 35 years old
- 10 yrs of experience as judge or attorney
En banc
means all judges hear decision on appeal
How many court of appeals in Texas?
14… located in Metropolian area except Eastland
How are cases heard in Tier 3 and Tier 4 of Texas Court System? Where care the cases from?
- appeals from County Court, County Court at Law, District Court
- cases heard en banc (all justices)
Supreme Court Tier 4 (highest TRUE Appellate Court) - Texas Court System
- Highest Civil Jurisdiction of Texas
- 8 judges
- 1 justice
- 6yr term
- determines state bar licensing
- determines civil procedures of Texas
Court of Criminal Appeals Tier 4 (highest TRUE appellate Court) - Texas Court System
- Highest Criminal jurisdiction of Texas
- 6 yr term
- 8 judges
- 1 justice
Caperton v. Massey Coal Company
- Supreme Court said judges should recuse themselves
- if case involves people who contribute money to them
3 parts to the Federal Court System
Federal District Court
Federal Courts of Appeal
Supreme Court
Federal District Court
- 1 per state
- Texas is subdivided into 4 districts
- CANNOT cross state-lines
- usually 1 judge
- appointed by president, confirmed by senate
- District attorney is prosecutor for state
Federal Court of Appeals
- comprised of 13 circuits
- usually panel of 3 judges
What circuit is Texas in - regarding Federal Court of Appeals
5th circuit
HQ in New Orleans
Louisianna, Massachusetts
Which circuit of the Federal District of Appeal is the most liberal?
9th
How many cases settle prior to going to trial
90%
Negotiation with/without attorneys
Hopwood v. Texas
- 4 white kids sue University of Texas
- reverse discrimination
- won in district court($1 remedy) but appealed anyway
- won in U.S. Court of Appeals
- University files writ of certiorari
- denied
- 5th circuit (US court of appeals) stand
-sets precedent ONLY in 5th circuit
