HISTORY OF THE JUDICIAL PROCESS
Define adversarial legal system
the case is viewed as a struggle between two opposing sides.
Each side acts in its own interest, presenting its case in the best possible light to the court. The judge remains neutral. The theory of this process is that the trier of fact will be able to determine the truth if the opposing parties present their best arguments. Decisions are based upon the evidence presented and the applicable law.
Civil Case vs. Criminal Case
Go.
A civil case usually deals with private rights of individuals, groups, or businesses. A civil lawsuit can be brought when one person feels wronged or injured by another person
A criminal case is legal action brought by the State of Texas against a person charged with committing a crime
True of False? Prosecutors help investigate and decide what complaints are filed in court
True
Who ya gonna call?
Driving records
Department of Public Safety
(DPS)
Help with collecting the proper court costs
Who ya gonna call?
State Comptroller of Public Accounts
Describe the role of each branch of government
The legislative branch enacts the laws
the executive enforces the laws
the judiciary interprets and applies the laws
How are appellate courts different from trial courts?
Appellate courts hear cases based on the “record” and the written and oral arguments of the appellate lawyers.
Unlike the trial courts, the courts of appeals do not receive testimony or hear witnesses when considering cases on appeal
The judge and clerk may help the prosecutor, police officer, and/or code enforcement officer investigate a crime. True or false?
False
(judges are neutral and unbiased)
The proper forms to report traffic convictions
Who ya gonna call?
Department of Public Safety
(DPS)
Which is the highest Texas appellate court with jurisdiction over juveniles?
Texas Supreme Court
What are the first 10 amendments to the U.S. Constitution called?
The Bill of Rights
What is trial de novo?
Trying a matter anew; the same as if it had not been previously heard before and as if no decision had been rendered.
When a case is appealed from a non-record municipal court, it is retried at the higher level as though it is a new case since there is no record of the case from the lower court
City managers may establish traffic revenue quotas as part of evaluating the court’s performance. True or false?
False
(Section 720.002 of the Transportation Code prohibits quotas on municipal courts).
Who ya gonna call?
Statistical data on other courts of your size
Texas Judicial Council/Office of Court Administration
If both the municipal and justice court have concurrent jurisdiction over a criminal case, which court retains jurisdiction?
The court in which the complaint (or citation) is first filed retains jurisdiction
Define common law
give an example applicable to municipal courts
A legal system based on judicial decisions rather than legislative action.
Examples: waiver of trial by jury, the defense of necessity, and the defense of justification
+all from the English common law+
With which courts does municipal court share jurisdiction?
Justice courts and county courts.
Some courts of record may share jurisdiction with district courts
It is proper for a court to follow the recommendations of a city auditor regarding recording, handling, and reporting procedures for court costs and fines. True or false?
True
Who ya gonna call?
General information on city government
Texas Municipal League
(TML)
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal Code?
As long as the offense is punishable by a fine only, maximum amount is set by the Legislature.
List the courts established by the Texas Constitution
Texas Supreme Court
Texas Court of Criminal Appeals
Intermediate courts of appeals
District courts
Justice courts
What court(s) have jurisdiction in the cases described below:
1. An appeal from a district court:
2. A divorce case:
3. A speeding ticket:
4. A felony murder case:
5. An appeal from a municipal court
1. An appeal from a district court: Court of Appeals
2. A divorce case: District Court
3. A speeding ticket: Municipal or Justice of the Peace Court
4. A felony murder case: District Court
5. An appeal from a municipal court: County Court
Judges may consider factors related to revenue for the city in determining the fine and court costs in an individual’s case
False
(judicial decisions may only be made on the basis of facts in evidence and laws).
Who ya gonna call?
A question about the crime victims program
Attorney General’s Office
What is the maximum amount of a fine for a Class C misdemeanor offense in the Penal Code?
$500