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Part 1: History of the Judicial System
1. Explain the term “adversarial legal system” as it relates to American criminal
An adversarial legal system is one in which 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 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.
2. Define common law and give an example applicable to municipal courts.
Common law refers to a legal system based on judicial decisions rather than legislative action. Today, many common law principles have been incorporated into current codes and statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts. 1.13 and 45.025/45A.155, C.C.P.), the defense of necessity (Sec. 9.22, P.C.), and the defense of justification (Sec. 9.02, P.C.) all spring from the English common law.
3. Identify and briefly describe the role of each branch of government.
The legislative branch enacts the laws; the executive enforces the laws; and the judiciary interprets and applies the laws.
4. Explain the reasoning and significance of separation of powers?
To prevent the accumulation of too much power into too few hands, the U.S. Constitution divides the government into three equal branches: the legislative, the executive, and the judicial. The theory is that if legal power is divided into three branches, no one branch will be able to dominate the other two and impose its own theory of justice on the public.
5. What are the first 10 amendments to the U.S. Constitution called?
The Bill of Rights
6. List the courts established by the Texas Constitution.
Texas Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals, constitutional county courts, district courts, and justice courts.
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Part 2: Texas Judicial System
7. Define jurisdiction.
Jurisdiction is the authority and legal power to hear and decide cases.
8. What are the two highest appellate courts in Texas?
Texas Supreme Court and Texas Court of Criminal Appeals
9. Explain the difference between a civil and criminal case.
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 with committing a crime.
10. Which is the highest Texas appellate court with jurisdiction over civil cases?
Texas Supreme Court
11. How are appellate courts different from trial courts?
The appellate courts hear cases based upon the “record” (a written transcription of the testimony given, exhibits introduced, and the documents filed in the trial court) and the written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of appeals do not receive testimony nor hear witnesses when considering cases on appeal.
12. What is meant by trial de novo?
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. Hence, trial de novo means trying a matter anew; the same as if it had not been previously heard before and as if no decision had been rendered.
13. Explain how the jurisdiction of justice courts is different from municipal courts.
Justice courts do not have jurisdiction over city ordinances, except in one instance: a violation of a city ordinance that arises in a city’s extraterritorial jurisdiction involving signs. They have jurisdiction over foreclosure and forcible entry and detainer cases; municipal courts do not. Justice courts have much greater civil jurisdiction than do municipal courts.
14. What authority creates and grants authority to municipal courts?
The Texas Legislature.
15. Name the two categories municipal courts may fall under that dictate how municipal court proceedings are conducted.
Court of record or court of non-record.
16. What kind of cases must be initiated in municipal court and not in any other court
Violation of city ordinances and the resolutions, rules, and orders of a joint airport board that occur in the territorial jurisdiction of the city and property owned by the city in the city’s extraterritorial jurisdiction (ETJ).
17. With which courts does municipal court share jurisdiction?
Justice courts and county courts. Some courts of record may share jurisdiction with district courts.
18. Over which type of criminal offenses does municipal court share jurisdiction with the justice courts?
State law, fine-only offenses
19. What is the geographic jurisdiction of the municipal court?
Generally, within the territorial limits of the city
20. What are the penalty limits of offenses over which municipal courts have jurisdiction?
Fine-only or other sanctions, authorized by law, that do not consist of confinement in jail or imprisonment
21. Can a municipal court case result in suspension of the defendant's driver's license by the Department of Public Safety? If so, why?
Yes. Courts may impose sanctions in addition to the fine, not consisting of confinement in jail or imprisonment. The imposition of a sanction or denial, suspension, or revocation of a privilege does not affect the original jurisdiction of the local trial courts in Texas.
22. Give an example of an offense for which the penalty requires a sanction in addition to paying a fine.
Minor DUI: alcohol awareness or substance misuse education program, community service, DL suspension
23. What is the maximum amount of a fine for a Class C misdemeanor offense in the Penal Code?
$500
24. 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.
25. What is the maximum penalty that a city council can establish for ordinance offenses involving public health and fire safety violations?
$2,000
26. 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.
27. Why are lasting impressions of the American justice system often formed in municipal courts?
More citizens come into personal contact with municipal courts than with all other Texas courts combined. Public impression of the judicial system is affected and shaped in large measure by the proceedings of the municipal court.
An appeal from a district court:
An appeal from a district court: Court of Appeals
A divorce case:
A divorce case: District Court
A speeding ticket:
A speeding ticket: Municipal or Justice Court
A felony murder case:
A felony murder case: District Court
An appeal from a municipal court:
An appeal from a municipal court: County Court
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Part 3: The Municipal Court Role in Local Government
29. City managers may establish traffic revenue quotas as part of evaluating the court's preformance.
False (Section 720.002 of the Transportation Code prohibits quotas on municipal courts).
30. 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).
31. Prosecutors help investigate and decide what complaints are filed in court.
True.
32. The judge and clerk may help the prosecutor, police officer, and/or code enforcement officer investigate a crime.
False (judges are neutral and unbiased).
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Part 4: Agencies and Organizations
Training and written materials on court process and procedure:
Training and written materials on court process and Procedure: Texas Municipal Courts Education Center
The proper forms to report traffic convictions:
The proper forms to report traffic convictions: Department of Public Safety
Statistical data on other courts of your size:
Statistical data on other courts of your size: Texas Judicial Council/Office of Court Administration
Driving records:
Driving records: Department of Public Safety
Help with collecting the proper court costs:
Help with collecting the proper court costs: State Comptroller of Public Accounts
General information on city government:
General information on city government: Texas Municipal League
A question about judicial ethics:
A question about judicial ethics: State Commission on Judicial Conduct
A question about the crime victims program:
A question about the crime victims’ program: Attorney General’s Office
Questions about the court clerks’ certification program:
Questions about the court clerks’ certification program: Texas Municipal Courts Education Center or Texas Court Clerks Association
A legislative proposal regarding prosecutors in municipal court:
A legislative proposal regarding prosecutors in municipal court: Texas Municipal Courts Association or Texas Municipal League