Texas History
Fort Burrows
20.4 - The Judicial Branch
READ pgs 499 - 501
The Main Idea:
The Judicial Branch interprets State Law, resolves disputes,
and protects the Rights of Texas citizens.
Vocabulary –
capital offense - crimes that may lead to the death sentences. Ex. - murder
grand jury - 12 citizens that decide if there is enough evidence to justify a trial
( A Grand Jury may be ask to hear many cases, while serving.
9 of the jurors must agree possible guilt, then an indictment is prepared. )
indictment - formal charging of wrongdoing
complaint - sworn statement that there is evidence that the accused has committed a crime
plea bargain - an agreement between the state and the defendant, that benefits both parties

Texas courts handle two kinds
of LAW. One kind is civil law. This
covers arguments between two or more
people or groups. Issues in civil law
include property rights, family matters,
or personal injury. Some cases involve
the civil rights of people.
 In civil law, a person known as the
plaintiff says that he or she has suffered
some harm. The person said to cause
that harm is the defendant. If the two
sides can not settle the matter, it goes to
trial. Some civil trials are decided by
judges. In others, juries make the
decision.
 The 2nd is Criminal Law cases
involved with breaking the law. Some
crimes are called Misdemeanors. They
are not very serious. Punishment is often
a fine. Felonies are crimes that are more
serious. A person found guilty of this
kind of crime might have to serve years
in prison. A person convicted of murder
might be punished with the death
penalty.
 A person is first charged with a
felony. He or she might decide on a plea
bargain. This is an agreement between
the state and the accused person. In it,
the person agrees that he or she is guilty
and accepts some punishment. It is often
a smaller punishment than the person
would suffer if he or she were found
guilty in a trial. If a person says he or she
is innocent, a trial is held. Then a jury
hears the evidence and decides whether
the person is guilty or not. All the jurors
must agree for a person to be judged
guilty.

Texas has two kinds of COURTS.
One is Trial Courts where trials take
place. Here a person is found guilty or
innocent or a civil case is decided.
People who lose their cases in trial courts
may go to the 2nd type, Court of Appeals.
They ask this kind of court to overturn
the decision in the trial court. They must
claim that in some way the law was not
followed.
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Texas History
Fort Burrows
JUSTICE of the PEACE
MUNICIPAL COURT
COUNTY COURT
Minor offenses
Traffic laws
DISTRICT COURT
SUPREME COURT
Civil cases up to
$100,000
CRIMINAL APPEALS
Divorces or land disputes
Appeals court for
civil cases
Appeals court for
criminal cases
ALSO KNOWN AS THE JP
Texas Law

Civil Law - disputes between two or more people or groups

Involves property rights – ex. car accidents

Deal with civil rights – ex. Freedom of Speech

Unpaid loans – ex. you owe me money

Child custody – ex. mom & dad split and fight over you

May be decided by a judge or a jury

Plaintiff: the party who claims to have been harmed

Defendant: the party accused of wrongdoing

Criminal Law - protects people and maintains law

Misdemeanors - lesser crimes, example - theft under $1500

Felonies - major crimes, example - armed robbery or murder

All jurors must agree (100%) the accused is guilty, in order to convict

To sit on a Texas jury you must:

be at least 18 years old

a United States Citizen

a Registered Resident of Texas

never convicted of a felony
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Texas History
Fort Burrows
THE TEXAS COURT SYSTEM
The Court System --
Trial Court and Courts of Appeal
Courts
Description of Cases
Justice of the Peace - JP
Trial court handles minor crimes punishable by fines
and civil cases involving small sums of money.
Truancy Issues.
Trial court that handles minor crimes in cities
Traffic violations, etc. Permitted to issue arrest warrants
Trial court, served by an elected Judge, that hears civil
cases involving less than $100,000 and some
misdemeanors
The MAIN TRIAL COURT in Texas Trial court that
handles felony cases and certain kinds of civil cases,
ex. Divorces, ownership of land, etc.
Appeals of ALL criminal & civil cases from County &
District Courts
Civil and Juvenile cases that have been
appealed from lower courts
Criminal cases that have been appealed from lower
courts or death penalty cases
Municipal Court
County Court
District Court
Appeals Court
Texas has 14
** State Supreme Court
** Court of Criminal
Appeals
The State Supreme Court and Court of Appeals Justices, are ELECTED by Texan voters

Misdemeanors




Lesser crimes
Punishable by fines or a light jail sentence
To charge a person with a misdemeanor requires a complaint, a sworn
statement that there is evidence that the accused committed a crime
Felonies





Major crimes
Punishable by a jail sentence or the death penalty
Capital offenses: serious offenses, such as murder, that may be punishable
by death
A grand jury (a group of at least 12 citizens) charges a person with a
felony
The grand jury prepares an indictment (formal charge of wrongdoing) if
there is enough evidence
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Texas History
Fort Burrows

Trials

Trials do not settle all cases

Plea bargain: an agreement between the state and the defendant that
benefits both parties. Plea bargains are used to avoid going to trial

Eligibility for jury duty: a person must be at least 18 years old, an U.S.
citizen, and a resident of Texas. Convicted felons may not be jurors

Top Two Courts of Texas -  Last Resorts for Texans 

Voters Elect Court Justices

Must have 10 years experience as a lawyer or lower-court judge in Texas
1. Texas Supreme Court
2. Court of Criminal Appeals
 Chief Justice and 8 Justices
 Highest Court of Appeal
 Hears cases from lower court
 9 Judges - majority vote ( 5 to 4 vote )
1.
Crimes that may be punishable by death are called _____________.
A. misdemeanors
B. felonies
C. indictments
D. capital offenses
2.
Which court would be most likely to handle a divorce ?
A. District court
B. Justice of the peace court
C. Municipal court
D. Court of criminal appeals
3.
When is a person charged with a felony ?
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4.
What are the two highest courts of appeals in Texas ?
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