Uploaded by darkdonuts77

08-courts

advertisement
T EXAS E XECUTIVE ( S )
Dr. Patrick Larue
University of Texas at Dallas
Fall 2018
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
1 / 19
T HE I NSTITUTION
Established in Article V of the Constitution:
The role of the judicial system is to interpret Texas laws - both criminal law
and civil law
Criminal law: Specific violation of behavior regulation, with specific punishments.
Civil law: Other violations that are not criminal in nature
Judges are supposed to apply the law fairly and objectively so that
people’s interests are protected
Whether or not that actually happens in a different question.
The judicial system in Texas is hierarchical, with varying types of
jurisdiction, and in some instances, has some overlap - making things quite
complex.
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
2 / 19
T HE I NSTITUTION
Established in Article V of the Constitution:
The role of the judicial system is to interpret Texas laws - both criminal law
and civil law
Criminal law: Specific violation of behavior regulation, with specific punishments.
Civil law: Other violations that are not criminal in nature
Judges are supposed to apply the law fairly and objectively so that
people’s interests are protected
Whether or not that actually happens in a different question.
The judicial system in Texas is hierarchical, with varying types of
jurisdiction, and in some instances, has some overlap - making things quite
complex.
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
2 / 19
T HE I NSTITUTION
Established in Article V of the Constitution:
The role of the judicial system is to interpret Texas laws - both criminal law
and civil law
Criminal law: Specific violation of behavior regulation, with specific punishments.
Civil law: Other violations that are not criminal in nature
Judges are supposed to apply the law fairly and objectively so that
people’s interests are protected
Whether or not that actually happens in a different question.
The judicial system in Texas is hierarchical, with varying types of
jurisdiction, and in some instances, has some overlap - making things quite
complex.
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
2 / 19
W HAT THE C OURTS DO
The primary role of the courts in to interpret the law in the adjudication of legal
disputes.
Common law tradition
Jurisdiction
Original jurisdiction
Appellate jurisdiction
Legal disputes
Criminal law: Specific violation of behavior regulation, with specific punishments.
Guilt beyond a reasonable doubt
Civil law: Other violations that are not criminal in nature
A preponderance of evidence
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
3 / 19
W HAT THE C OURTS DO
The primary role of the courts in to interpret the law in the adjudication of legal
disputes.
Common law tradition
Jurisdiction
Original jurisdiction
Appellate jurisdiction
Legal disputes
Criminal law: Specific violation of behavior regulation, with specific punishments.
Guilt beyond a reasonable doubt
Civil law: Other violations that are not criminal in nature
A preponderance of evidence
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
3 / 19
W HAT THE C OURTS DO
The primary role of the courts in to interpret the law in the adjudication of legal
disputes.
Common law tradition
Jurisdiction
Original jurisdiction
Appellate jurisdiction
Legal disputes
Criminal law: Specific violation of behavior regulation, with specific punishments.
Guilt beyond a reasonable doubt
Civil law: Other violations that are not criminal in nature
A preponderance of evidence
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
3 / 19
J UDICIAL S ELECTION
Generally, there are four different selection strategies for judgeships:
Appointment
Missouri Plan
Nonpartisan election
Partisan election
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
4 / 19
J UDICIAL S ELECTION
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
5 / 19
C ENSURE AND R EMOVAL
State Commission on Judicial Conduct
13-member commission of judges, attorneys, and citizens - appointed by the lawyer
to investigate and prosecute allegations of misconduct
Supreme Court recommendation
Can remove/sanction District Court judges
Impeachment
“willful neglect of duty, incompetency, habitual drunk, oppression in office, or other
reasonable causes”
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
6 / 19
T EXAS PARTISAN E LECTIONS
Partisan elections come with a set of issues:
Low turnout
Low interest
Influence of money
Harsher criminal sentencing
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
7 / 19
J UDICIAL Q UALIFICATIONS
Dependent upon the Court, but generally involves three qualifications:
Age
Residency
Law experience
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
8 / 19
F IVE TIER COURT SYSTEM
Local trial courts - Justices of the Peace and Municipal Courts (limited
jurisdiction)
County trials courts - Constitutional courts and probate courts (limited
jurisdiction)
State trial courts - District courts (general jurisdiction)
State intermediate courts - Court of Appeals (appellate jurisdiction)
State high courts - Supreme Court and Court of Criminal Appeals
(appellate jurisdiction)
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
9 / 19
J UDICIAL Q UALIFICATIONS
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
10 / 19
J UDICIAL Q UALIFICATIONS
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
11 / 19
J UDICIAL Q UALIFICATIONS
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
12 / 19
J UDICIAL Q UALIFICATIONS
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
13 / 19
J UDICIAL Q UALIFICATIONS
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
14 / 19
J UDICIAL S TRUCTURE
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
15 / 19
J UDICIAL S TRUCTURE
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
16 / 19
J UDICIAL S TRUCTURE
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
17 / 19
J UDICIAL S TRUCTURE
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
18 / 19
J UDICIAL S TRUCTURE
Dr. Patrick Larue (University of Texas at Dallas)
GOVT 2306
Fall 2018
19 / 19
Download