Texas Government Unit 5 ReviewJudicial branch

Key Concepts and Definitions

• Jurisdiction refers to the authority of a court to hear and decide cases
• Original jurisdiction means a court has the power to hear a case for the first time
• Appellate jurisdiction allows a court to review decisions made by lower courts
• Stare decisis is the legal principle of following precedent set by previous court decisions
  • Ensures consistency and predictability in the legal system
• Judicial review is the power of courts to determine the constitutionality of laws and actions
• Judicial activism occurs when judges make decisions based on personal or political considerations rather than strictly interpreting the law
• Judicial restraint is the principle of judges limiting their power and deferring to the other branches of government when possible

Structure of the Texas Judicial System

• The Texas judicial system consists of multiple levels of courts with varying jurisdictions
• At the top is the Texas Supreme Court, the highest court for civil matters
  • Composed of a Chief Justice and eight associate justices
• The Court of Criminal Appeals is the highest court for criminal cases
• Intermediate appellate courts include the Courts of Appeals, which hear appeals from lower courts
• District Courts are the primary trial courts in Texas with general jurisdiction over most cases
• County Courts have limited jurisdiction and handle misdemeanors, small claims, and probate matters
• Justice of the Peace Courts are the lowest level and handle minor cases, traffic violations, and small civil disputes
• Municipal Courts deal with city ordinance violations and some misdemeanors

Types of Courts and Their Jurisdiction

• Texas Supreme Court has final appellate jurisdiction in civil and juvenile cases
  • Also has original jurisdiction over some matters, such as attorney discipline
• Court of Criminal Appeals has final appellate jurisdiction in criminal cases
• Courts of Appeals have intermediate appellate jurisdiction and hear appeals from lower courts
  • Divided into 14 districts across the state
• District Courts are the primary trial courts with general jurisdiction
  • Handle felony criminal cases, civil cases over $200, and family law matters
• County Courts have limited jurisdiction over misdemeanors, probate, and civil cases up to $200,000
• Justice of the Peace Courts handle small claims, evictions, and minor misdemeanors
• Municipal Courts adjudicate violations of city ordinances and some state misdemeanors
• Specialty courts exist to handle specific types of cases, such as drug courts and veteran's courts

Selection and Qualifications of Judges

• Judges in Texas are elected in partisan elections, with a few exceptions
• Texas Supreme Court and Court of Criminal Appeals justices are elected statewide to six-year terms
  • Must be at least 35 years old, a U.S. and Texas citizen, and have been practicing law for at least 10 years
• Courts of Appeals justices are elected from their districts to six-year terms
  • Must meet the same qualifications as Supreme Court justices
• District Court judges are elected from their districts to four-year terms
  • Must be at least 25 years old, a U.S. and Texas citizen, and have been practicing law for at least 4 years
• County Court judges are elected countywide to four-year terms
  • Must be at least 25 years old, a U.S. and Texas citizen, and have been practicing law for at least 4 years
• Justice of the Peace judges are elected precincts to four-year terms
  • Not required to be attorneys, but must complete training
• Municipal Court judges are typically appointed by city officials
  • Qualifications vary by city

Important Cases and Landmark Decisions

• Edgewood Independent School District v. Kirby (1989) ruled that Texas' school financing system was unconstitutional
  • Led to significant reforms in education funding
• Roe v. Wade (1973) originated in Texas and legalized abortion nationwide
  • Overturned by Dobbs v. Jackson Women's Health Organization (2022)
• Lawrence v. Texas (2003) struck down Texas' sodomy law as unconstitutional
  • Expanded privacy rights and protections for LGBTQ+ individuals
• Fisher v. University of Texas (2016) upheld the use of affirmative action in college admissions
• Whole Woman's Health v. Hellerstedt (2016) struck down Texas restrictions on abortion clinics
  • Reaffirmed constitutional right to abortion
• Moore v. Texas (2017) ruled that Texas' method for determining intellectual disability in death penalty cases was unconstitutional

Challenges and Reforms in the Texas Judiciary

• Partisan judicial elections can lead to the perception of bias and influence from campaign contributions
  • Some advocate for a merit-based appointment system
• High volume of cases and limited resources strain the court system
  • Leads to delays and backlogs
• Inadequate funding for legal aid and public defenders impacts access to justice for low-income Texans
• Efforts to reform bail practices and reduce pretrial detention
  • Concerns about fairness and disproportionate impact on marginalized communities
• Push for greater diversity on the bench to better reflect the state's population
• Increasing use of specialty courts and alternative dispute resolution to address specific issues and reduce caseloads
• Adoption of technology, such as e-filing and remote hearings, to improve efficiency

Comparison with Federal Judicial System

• The U.S. Constitution establishes the federal judiciary, while the Texas Constitution creates the state judiciary
• Federal judges are appointed by the President and confirmed by the Senate for life terms
  • Texas judges are mostly elected for set terms
• The federal system has three main levels: District Courts, Courts of Appeals, and the Supreme Court
  • Texas has multiple levels, including County Courts and Justice of the Peace Courts
• Federal courts have limited jurisdiction based on federal law and the Constitution
  • Texas courts have broad jurisdiction over state law matters
• The U.S. Supreme Court has final authority on federal law and can overrule Texas courts on constitutional issues
• Both systems follow the principle of stare decisis and engage in judicial review
• Texas courts interpret state laws and constitution, while federal courts focus on federal law

Impact on Texans' Daily Lives

• Courts resolve disputes and enforce laws that affect individuals, families, and businesses
  • Contract disputes, personal injury claims, and family law matters
• Criminal courts determine guilt or innocence and impose punishments
  • Impacts public safety and individual rights
• Decisions on hot-button issues like abortion, LGBTQ+ rights, and gun control directly affect Texans
• Interpretation of state laws and regulations impacts industries and the economy
  • Environmental regulations, labor laws, and consumer protections
• Access to justice and fair treatment in the legal system is crucial for all Texans
  • Particularly important for marginalized and low-income communities
• Efficiency and effectiveness of the judiciary impact the timely resolution of cases
  • Delays can have significant consequences for individuals and society
• Trust and confidence in the impartiality of the judiciary are essential for the rule of law
  • Perception of bias or politicization can undermine faith in the system