chapter 9 Flashcards
what court case involves judicial review
Marbury v. Madison
the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional
Judicial review
provides that the Constitution is the supreme law of the land (Mccolluch vs Maryland Article VI)
Supremacy clause
how are judges brought into office in Texas? How many states do this?
partisan elections; 8
plan where the governor appoints a judge
Missouri plan
how many supreme courts does Texas have? What are they?
2; Texas supreme court, and Texas court of criminal appeals
how many justices are elected on partisan ballots
9 of 9
deals with disputes between private individuals
civil law
the remedy in a civil lawsuit is often for which party to pay compensation to the injured party?
the offending party
involves the violation of criminal statutes
criminal law
if one is found guilty in criminal law, punishment can involve what?
loss of liberty or life
the standard of proof the plaintiff must meet
preponderance of the evidence
a civil wrong that causes harm to another; it is remedied by awarding economic damages to the injured party
Tort
the supervision of the estates of deceased persons; official proving of a will
probate
consists of 12 people, determines whether there is sufficient evidence to justify a trial (do not determine guilt or innocence)
grand jury
jury that has to do with true bill vs no bill
grand jury
jury that decides guilt or innocence
petit jury
supreme court salary
$168,000 per year plus $2,500 more for the chief justice
usually, initial appeals are heard by what?
one of the 14 other courts of appeal in Texas
we decide this way because ____ and this is why
majority opinion
the majority is wrong, and this is why
dissenting opinion
majority is correct, but will offer somewhat different rational to support
concurring opinion
courts that tend to hear less serious criminal cases than those heard by district courts
statutory county courts at law
these courts have jurisdiction over violations of city ordinances
municipal courts
when a governor appoints a judge, what is it called?
initial appointment
preponderance of the evidence
civil case
how many county courts are in Texas
254
what is Texas’s recidivism rate
between 20% and 30%
they are elected, and doesn’t need to be a lawyer or judge
Justice of Peace (JP) Courts
trial that takes place in a high court, but not on appellate court
de novo trial
which courts have to do with city ordinances
municipal courts
judges are appointed by who?
the governor
places limits on campaign contributions
judicial campaign fairness act
civil cases which one person has been harmed by the actions of another
tort
other than impeachment by the legislature, what is the only mechanism for regulating the conduct of judges
the commission
