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COURT CLERK CERT I
CHAPTER ONE
22
Other
Not Applicable
08/13/2012

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Cards

Term

 

 

 

ADVERSARIAL SYSTEM

Definition

 

  1. TWO OPPONENTS
  2. ONE NEUTRAL PARTY - JUDGE
  3. RING AROUND -  WORK WITH LAWS AND PROSEDURES
  4. -NE WINNER
Term

 

 

COMMON LAW

Definition
  1. THINK OF PRESIDENT
  2. BODY OF LAW THAT DEVELOPED IN ENGLAND BEFORE THE AMERICAN REVOLUTION
  3. PRINCIPALS, CUSTOMS AND RULES THAT ARE ACCEPTED AS PART OF OUR JUSTICE SYSTEMS
  4. EXAMPLE: WAIVER OF TRIAL BY JURY

 

Term

 

 

SEPARATION OF POWER

Definition

 

SYSTEM THAT GIVES EACH BRANCH ITS OWN POWER

Term

 

 

WHAT MAKE THE SEPARATION OF POWER WORK?

Definition

 

 

CHECKS AND BALANCE

Term
LIST THE THREE  SOURCES OF LAWS?
Definition

 

STATE AND FEDERAL LAW

CONSTITUTIONAL LAW

COMMON LAW

Term

DIFFERENCES BETWEEN TRIAL COURT AND A APPELLATE COURT

Definition

TRIAL COURT: LIFE TESTIMONY

                     JURY

                     WITNESSESS

                     PRESENT EVIDENCE

 

APPELLATE COURT:CASES ARE ONLY REVIEW 

Term
What is the theory of checks and balances?
Definition
because government is divided into 3 branches, no one branch may dominate the other two.
Term
What are the first ten amendments to the COnstitution called?
Definition
The Bill of Rights
Term
Do municipal courts have to follow the statutes and rules passed ast the state and federal levels?
Definition
yes
Term
Describe the ROle of each branch of government
Definition
executive branch: enforces the law
legislative branch: makes or enacts the laws
judicial branch: interprets and applies the laws
Term
What are the two highest courts in the State of Texas?
Definition
The Texas Supreme Court
The Texas Court of Criminal Appeals
Term
How many judges serve on the Texas Supreme COurt and The Texas Court of Criminal Appeals?
Definition
Nine: one presiding judge and eight judges
Term
What are the qualifications required to be a judge on SUpreme COurt and Court of Criminal APpeals?
Definition
licensed to practice law in Texas; be a U.S. and Texas citizen; be at least 35 years of age; be a practicing lawyer or a judge of a court of record for at least 10 years
Term
How many courts of appeals are located in Texas?
Definition
14
Term
How many judges sit on each Court of Appeals?
Definition
3- Chief justice and two other justices
Term
What are the four types of trial courts?
Definition
District court, county level courts, municipal courts, justice of the peace courts
Term
What is the difference between a civil and crimnal matter?
Definition
Civilmatter: involves two parties, the remedy is usually money, the burden of proof is preponderance of the evidence
criminal matter: involves legal action brought by the govenrment, and seeks to punish the individual by fines or jail time, burden of proof is beyond a reasonable doubt
Term
Which is the highest Texas appellate court with jurisdction over juveniles?
Definition
Texas Supreme Court
Term
What is meant by a trial de novo?
Definition
A trial de novo is a brand new trial (does not depend on record from lower court)
Term
What is the difference between justice courts and municipal courts
Definition
municipal courts hear all of the cases involving municipal ordinances
JP courts hear small claims matters and forcible entry and detainers
Term
Why are lasting impressions of the American Justice System often formed in municipal court
Definition
More citizens come into contact with municiapl courts than with all other Texas courts combined.
Term
Why are lasting impressions of the American Justice System often formed in municipal court
Definition
More citizens come into contact with municiapl courts than with all other Texas courts combined.
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