SUPREME COURT

• statewide jurisdiction
• one court
• 9 judges
• elected for 6 year terms
• law school needed
• Final appellate jurisdiction in civil and juvenile cases

COURT OF CRIMINAL APPEALS

• Statewide Jurisdiction
• one court
• Nine judges
• Elected for 6 year term
• Law School
• Final appellate jurisdiction in criminal cases

• Regional Jurisdiction
• 14 Courts
• 80 Justices
• Elected to a 6 year term
• Law school needed
• Intermediate appeals from trial courts in their respective courts of appeals districts
• All civil and criminal appeals

• 457 courts
• 457 judges
• elected 4 year term
• Law school needed
• Original jurisdiction in civil actions over $200, divorce, title to land, contested elections
• Original Jurisdiction in felony criminal matters
• Juvenile Matters

COUNTY LEVEL COURTS

(510 Courts- 510 Judges)

Elected for 4 years

No law school

Constitution County Courts(254)

Jurisdiction

• Original jurisdiction in civil actions between $200 and $10,000
• Probate (contested matters may be transferred to District Courts)

• Probate includes

1. Wills
2. Appointing guardian to minor
3. settlement of estate

• Exclusive orignal jurisdiction over misdemanors with fines greater than
• $500 or jail sentence(Class A + B)
• Juvenile matters

COUNTY LEVEL COURTS

(510 Courts- 510 Judges)

Elected for 4 years

No law school

Statutory  County Courts(238)

Est. in 88 counties plus 1 multi-county court

• All civil, criminal, original and appellate actions prescribed by law for constitutional county courts
• In addition, jurisdiction over civil matters up to $200,00 (some courts may have higher maximum jurisdiction amount.)

JUSTICE OF THE PEACE

(817 Courts- 817 Judges)

Established in Precints Within Each County

• Elected for 4 year terms
• Civil actions of not more than $10,000
• Small claims (up to 10,000)
• Criminal misdemeanors punishable by fine only (no confinement) class C
• Magistrate funtions

1. Matrimony
2. Notary Public
3. Coroner

MUNICIPAL COURTS

927 Cities-1,586 judges

• Appt. by Mayor or city council

Jursidiction

• Criminal misdemeanors punishable by fine only(no confine class C.)
• Exclusive original jurisdiction municipal ordinance criminal cases( #1 is traffic violations)
• Limited civil jurisdictions(dangerous dog)
• Magistrate functions

• Average cost of a death penalty casee is 2.3 million
• Life in prison costs $750,000
• 8th Amendment prohibits cruel and unusual punishment

FURMAN V. GEORGIA (1972)

ATKINS V. VIRGINIA (2002)

Supreme Court struck the death penalty for

juveniles

Set at age 18... when the crime is committed

• Appoints judges from a list submitted by screening committee
• After appt., a judge serves for a set term and is then submitted to a retention election in which voters decide whether the judge stays in office

Qualifications

1. A citizen of theU.S and of the State of Texas

2. 18 years of age

3. Of sound mind

4. Able to read and write, unless literate jurors are unavailable

5. Neither convicted of a felony nor under indictment or other legal accusation of theft or any felony

Exemptions

1. Are age 70 or older

2. Have legal custody of a child or children underage 10

3. Are enrolled as full time college or secondary school student

Grand Jury

• 12 jurors

• indictment- statement accusing a person of an offense

-it takes 9 out of 12 jurors

• True Bill- indicted
• No bill- no indictment
• Secrecy Rule

Petit Jury

• 12 jurors
• Trial Jury
• Criminal- unanimous decision to be found guilty
• Civil- 10 out of 12
• No secracy rule

Simple Resolution

Involves action by one house and is not sent to the Governor

• Requires a simple majority vote

Sent to Governor after adoption in both houses by a simple majority vote

• Governor may sign or veto
• Ex. Requesting the U.S. Congress to take action on a specific matter

• Requires the approval of both houses
• Gov. signature is not required
• Ex.1 Proposed amendments to the Texas Constitution requires a 2/3rds vote for both houses

Ex.2 Proposed amendments to the U.S. constitution are ratified by a simple majority vote of both houses of the Texas Legislature

LEGISLATIVE POWERS

GENERAL BILLS

• Applies to all people or property in all parts of Texas
• Must pass a simple majority vote in both houses
• Can be signed or vetoed by the Govorner

LEGISLATIVE POWERS

SPECIAL BILLS

• Makes an exception to a general bill for the benefit of a specific indiv. class or corporation
• Must pass by a simple majority vote in both houses
• Can be signed or vetoed by the Governor

LEGISLATIVE POWERS

LOCAL BILL

• Affects a single unit of local government ex: a city or county
• Must pass by a simple majority vote in both houses
• Can be signed or veteod by the Governor

LEADERSHIP

The Senate

Lieutenant Governor

Dan Patrick

4 years

 Powers:

1. Appoints all state committee chairs
2. Recognizes Senators who wish to speakk on the floor
3. Determines the Senate Committee to which a bill will be sent after introduction
4.  Votes to break a tie vote in the Senate
5. Chairs the Legislative Budget Board

LEADERSHIP

Speaker of the House

Joe Strauss

elected every 2 years by Pledge Card System

Pledge Card System: out of 150 members , 76 sign pledge card then the person becomes SOTH