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judiciary and texas judicary
notes
56
Political Studies
Undergraduate 1
11/11/2011

Additional Political Studies Flashcards

 


 

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Term
1789 contitution; judiciary; 13; independent state judiciaries; congress;exective; judicial
Definition

Prior to the  ___ ___ no federal Supreme Court of federal court system existed.

That is not to say that the country was without a ___.

 

The judicial system existed in the form of ___ separate colonial then state judicial systems. Indeed, prior to the 1789 Constitution there was little need for a federal judicial system since there was little unity among the states and little national law under the Articles of Confederation.  The people of the country were well served by their ___ ___ ___ .

However, with the advent of a strong national union and a ___ which had the power to create binding federal law and an ___ to enforce them, a national ___ branch was necessitated to adjudicate disputes nationally and to interpret federal law.

Term
article 3; not; lower federal courts; judiciary act of 1789
Definition
The Supreme Court of the United States was directly and explicitly created by __ __ of the constitution. The system of lower federal trial and appellate courts that exist today were __directly created by Article III.  Article III, Section 1 (“inferior courts as Congress may from time to time ordain and establish”), along with Article I, Section 8 (“to constitute tribunals inferior to the supreme Court”), empowered the Congress to create the __ __ __to assist the Supreme Court if it, the Congress, deemed it necessary.In fact, Congress did deem it necessary and began the creation of the federal court scheme under the Supreme Court with the __ __ of __creating federal district courts and circuit courts of appeals.
Term
appeallate; orginal
Definition
Article III gives the Supreme Court both ___ and ___ jurisdiction.
Term
appeallate jurisdiction
Definition
refers to a court’s power to review the decisions of lowers federal courts based upon the lower courts’ application of the law.
Term
orginal jurisdiction
Definition

refers to a court’s power to hear the facts of the case for the first time and decide the case based upon the law and the facts.

can also be referred to as trial jurisdiction.

 

Term
supreme court; orginal; appeallate
Definition
In the early days of the Court, before the lower federal court scheme was expanded, the ___ ___ handed most of the caseload using their power of ___ jurisdiction, deciding disputes between states, between citizens of different states and admiralty cases.As the number of lower trial and appellate courts expanded, the Supreme Court handled more ____ cases.
Term
marbury v. madison; john marshall; judicial review; supremacy; judicial review
Definition

the significance of the Court’s role as the co-equal third branch of the federal government, did not rise to prominence under the decision of the Court in the 1803 case of ___v.____.The opinion in that case, authored by the Court’s greatest Chief Justice, ___ ___, created the doctrine of ___ ___ which holds

that the Supreme Court has the power to review the acts of the other two branches of government to decide whether those acts comport with the Constitution.If not, the act in question would be unconstitutional and, thus, null and void.  Marshall claimed this authority for the Court by asserting that the Constitution’s ___ clause implied such a power for the Court.In later years, the Supreme Court continued to expand its use of the power of ___ ___ such that the Supreme Court’s function in the constitutional constellation is set:The Supreme Court is the final arbiter of the Constitution.

Term
9;8;1;president;senate;senate; life
Definition
Since 1869, the U.S. Supreme Court has had __ members and__ associate justices and __ chief justice. All are nominated to the Court by the __ and must be approved by the ___ under the __ advise and consent power.All federal judges, including members of the Supreme Court, serve for __.
Term
supreme court; federal; discretionary; certiorari
Definition
Cases are appealed to the ___ ___from all the federal appellate courts and from the state’s high courts only when the issue deals with ___ constitutional issue.  The Supreme Court has ___ power to hear cases appealed to it.Of the thousands of cases appealed to it each year, the Court hears and decides on less than a hundred each year.Most cases are appealed on petition for a writ of ___, which is a request for the Court, at its discretion, to order the recorders of the lower courts for purpose of review.
Term
conferences; 4; legal briefs; interested; amicus curiae briefs; limited oral
Definition
Justices review cases in ___ to decide which cases they will hear.A vote of __justices is required to hear a case, the so-called “rule of four.” Once a case is accepted, ___ ___ are prepared and submitted by the two parties to the case for consideration of the law and precedent at argued by the two sides.  Briefs will also be accepted by ___ parties which would be affected by the outcome of the Court’s decisions.These “friend of the court” briefs are known as ___ ___ ___.___ ___ arguments presented by the two parties in a case are later heard in the Supreme Court chambers. 
Term
majority opinion; chief justice; senior justice; concurrent; dissenting
Definition

Afterwards, the justices consider the case and vote on a decision.The winning side is the one which receives a majority of the justices voting in the case.  The winning side prepares the ___ ___ of the Court, announcing the decision and explaining the legal reasoning behind the majority’s decision.  This majority opinion is assigned by the __ ___ if he is in the ___.  If he is in the minority, the ___ ___ in the majority assigns the decision.Justices in the majority who agree with the decision but have a separate legal basis for it may write a ___ opinion to attach to the majority opinion.Justices in the minority may write a ____ opinion expressing the legal reasoning why they voted against the majority decision.Altogether, these opinions are bound together as the opinion of the case in point.

Term
supreme court,circuit court, federal district; I and III; legislative; life; fixed; president; senate
Definition

The ___ ___, the ___ ___ of appeals and the ___ ___ courts are known as constitutional courts because they are created specifically by the Constitution or by the Congress under its authority in Article ___and ___.  Courts created by Congress for specialized purposes such as U.S. Territorial Courts are know as___ courts.  All constitutional court judges serve for ___.  Legislative court judges serve for a ___term.  Both constitutional and legislative court judges are appointed to the bench by the___subject to the advise and consent of the ___.

Term
orginal; federal question;federal law; state;plantiff and defendent;states; $75,000;
Definition
Federal district courts are courts of ___ jurisdiction and hear cases in only two instances:1) when a ___ ___ (a matter pertaining to ___ ___) is joined, or 2) if there is ___ diversity between the ___ and ___ (state diversity is where the plaintiff and defendant are from different ___) and the amount in controversy is more than ___.There is at least one federal district court in each state.States with larger populations have numerous federal district courts.
Term
district; orginal; legal briefs; standing legal precedent; stare decisis
Definition
The federal Courts of Appeals hear appeals from the U.S. ___ Courts.These courts have no ___ jurisdiction, hearing cases solely based on perceived errors in the application of law in the lower courts.Facts in evidence are not heard and no new evidence is presented.___ ___ are presented by the two parties involved in the case and the court’s decision is based on ___ ___ ___under the doctrine of ___ ___.
Term
twelve; court of appeals; district courts; texas;lousiana; mississippi
Definition

The country, outside of the District of Columbia, is divided into __ geographic regions.A U.S. __ __ __sits in each of the separate districts and hears cases from U.S. __ __ in that region.  __, along with __ and __ make up the 5

th

Circuit (or district).

Term
bifurcated
Definition
only two states have such a __ high court level).
Term
Edgewood v. Kirby (1989),
Definition

A recent case concerning inequities in public education funding among the state’s many school districts;

demonstrated the ability of the Texas high court to inspire even controversial policy making by the state’s legislature, as well as to support Texas’ legislators’ law-makingdecisions, while maintaining its judicial authority.

Term
2,600
Definition
There are about ___ courts in Texas often with overlapping jurisdictions both in the areas of subject matter and amount-in-controversy.
Term
texas; law; judiciaries; federal questions
Definition
The state courts of Texas adjudicate matters of ___ law only.Each of the 50 states has its own separate sets of __ and separate state __.State judicial systems existed in all of the 13 colonies and states long before the creation of the federal judicial system.The federal judicial system deals primarily with matters of __ __—matters relating to laws passed by Congress and the U.S. Constitution.
Term
federal questions
Definition
matters relating to laws passed by Congress and the U.S. Constitution.
Term
legislature; constitution; 95 and 99
Definition

Texas courts deal with laws created by the Texas __ and the Texas __. Between __ and __ percent of all litigation across the nation is based on state laws or local ordinances, not federal law.

Term
5
Definition

Texas has __ levels of courts, though some have overlapping authority and jurisdiction.           

Term
orginal
Definition
Courts with only __ jurisdiction hear and resolve cases heard for the first time only based upon the facts presented in evidence  before the tryer of fact (the jury or the judge).
Term
appeallate
Definition

Courts with only __ jurisdiction review and determine cases heard in lower courts based upon purported errors made in the application of the law.  Facts are not in controversy.

Term
bifurcated; texas supreme court; criminal appeals; 8; staggered 6 yr; 1876; texas supreme court; criminal appeals
Definition
High court level:Texas has a ___ court system, a two-court system, at the state’s highest level.The __ __ __is the court of last resort in civil cases. The Court of __ __ has final authority to review criminal cases. Both the Texas Supreme Court and the Court of Criminal Appeals have elected chief justices and __ justices who serve __ __ __ terms, and with qualifications for election the same in both courts. Texas has two courts of last resort, designed by the __ constitutional delegates to fragment political power. The __ __ __is seen as probably the superior court, as it develops administrative procedures for state courts as well as hearing appellate civil cases from lower courts.  The Court of __ __ hears only criminal cases on appeal.            
Term
court of appeals; 14; district and lower; 6yr;12,000;70;civil and criminal; district
Definition

Intermediate appellate court level:  The state’s intermediate level appellate courts, the __ __ __, sit in __ districts covering the state.  Appeals are directed from __ and __ courts in a given court of appeals district to that particular appellate court.  Appellate judges are elected to __ __ terms.  In 2003, there was a combined total of more than __ cases on the dockets of the courts of appeals, with more than __ percent of the cases criminal appeals.  Courts of appeals hear both __ and __ cases from __ courts.

Term
orginal; orginal; $200; state district; district; felony; 420; 59; partisan; 4
Definition

District Courts:The district court is the primary __ court in Texas. District courtshave primary __ jurisdiction over civil case involving values of __to infinity. Civil cases with large amounts-in-controversy are tried in __ __ courts. Divorce, title to land, contest elections, defamation of character, contested probable matters tried in ___ court.  District courts have original jurisdiction in __ criminal matters.  In 2003, there were __ judicial districts with at least one judge per district, though large counties often have a number of district courts—Harris county has__ district courts.  District judges are elected in __ elections to __ year terms.

Term
countywide;4; lawyer; exective; JP and district; $500 to $2,000; appeallate;orginal
Definition

County Courts:Each county has a constitutional county court, with the county judge elected __ to a __-year term. 

The county judge need not be a __. The county judge also is chief __ officer of the county, and presides over the county’s policy-making body of the commissioners’ court.  The county court shares some original jurisdiction with both __ courts and __ courts in civil cases and its original civil jurisdiction ranges from __ to __.   There is some civil __ jurisdiction when the amount of the dispute exceeds $200. __ jurisdiction in criminal matters over misdemeanors with fines greater than $500 or jail sentence of up to one year

 

Term
226 statutory; county courts at law;
Definition

The legislature has created for larger population counties about __ ___ county courts in some 70 counties, in which judges must be lawyers, though case styles vary by the law establishing each court.  These statutory county courts (called “statutory” because they are created by the legislature) are also known as __ __ __ __and are created to relieve a county judge of his judicial responsibilities in larger population counties so that he may devote his full time to county administrative duties as head of the county commissioners court.

Term
JP courts and municipal courts
Definition
Courts of Limited Jurisdiction include?
Term
882;1300; exclusive orginal; fine; dogs; magistrate; informal; recorded
Definition

There are about __ municipal courts in Texas with some __ judges.The courtshave__ __ jurisdiction over municipal ordinance criminal cases, have jurisdiction over criminal misdemeanors punishable by __ only (no confinement), and with limited civil jurisdiction in cases involving dangerous __.The courts perform __ function.There are a variety of judges’ qualifications, terms in office, and methods of their selection.Municipal courts are ___, and limited information is ___.

Term
court records
Definition
County and district clerks responsible for maintaining __ __.
Term
bailiffs
Definition

___ who are peace officers assigned to courts to maintain order and protect participants in the courtroom.

Term
constables
Definition

___ are peace officers elected within justice of the peace precincts who primarily serve legal papers for JP and other courts.

Term
county and district; county
Definition

___ and ___ attorneys elected to prosecute criminal cases on behalf of citizens’ interests.  ___ attorneys prosecute misdemeanor cases while district attorneys prosecute felony cases.

Term
plantiff; defendant
Definition

Litigants:In our adversarial system of justice there is always two parties or litigants in a trial, the ___ (the one bringing the allegation) and ____ (the target of the allegation).  (In a criminal trial, the plaintiff if the state represented by the district or county attorney.) 

Term
civil; civil; monetary; incarnetation; tort law; contract; probate
Definition
__ law cases deal with legal disputes between private individuals or groups.In a __trial, when the plaintiff wins, she usually receives __ compensation for her injuries or injunctive relief (an order requiring certain performance by the defendant).There is no __ (loss of freedom by imprisonment) as punishment for a defendant found liable in a civil trial.__ __ (personal injury), __ disputes, __ (wills and estates) matters are just a few examples of civil cases.
Term
criminal; fined; incarcerated; executed
Definition

___ law cases deal with the violation of laws passed to protect the community from certain acts which, while committed against an individual citizen, are offensive to the community as a whole.  If a defendant is found guilty in a criminal case, that person may be ___, ___ or, if a capital crime, ___.

Term
private; 14; district; indictment; public
Definition
Juries are composed of ____ citizens serving one of two kinds of juries.  In the criminal case setting, grand juries include __ people selected by a ___judge primary to review cases presented by prosecutors against individuals charged with crimes to determine if there is sufficient evidence to warrant taking the case to trial.  If the grand jury so decides, the vote to issue an ___ against the individual and the case goes forward to trial.  Grand juries may also investigate allegations against ___ officials.
Term
petit; elimination; voir dire; for cause; 12
Definition

___, or trial juries are panels of citizens who hear facts presented in evidence in civil or criminal cases and then determine the outcome by issuing a verdict based upon their weighing of the facts in the trial.  Trial juries are selected by a process of ___ during jury selection before trial proceedings begin.  This process of selecting the trial jury is called ___ ___.  Potential jurors are eliminated “___ ___” by the judge.  Attorney’s roles include preemptory challenges and other forms of disqualifications of jury members.  ___ jurors are seated for trials in district court.          

Term
orginal; burden of proof; plantiff; plantiff
Definition
In ___jurisdiction courts, cases may be heard and decided by either a judge or jury.  The standard for deciding the case based upon the facts presented in evidence is known as the ___ __ ___ and it falls upon the___ to prove the case to the tryer of fact—whether it be a jury or the judge—because the ____ is the party making the allegation and, thus, must prove it.  The burden of proof differs whether the trial is criminal or civil
Term
beyond a reasonable doubt
Definition
.  In a criminal case, the burden of proof on the plaintiff (the prosecutor) is “__ __ __ ___.”  In other words, the jury must believe the prosecution’s case beyond a reasonable doubt in order to find the defendant guilty.  It is a high burden to meet because the outcome is so severe—the defendant could lose his freedom and/or his life.
Term
prepondarance of the evidence
Definition

In a civil case, the plaintiff must prove her case to the tryer of fact by a “___ ___ ___ ___.”  In other words, the jury must believe there is more weight to the evidence on the plaintiff’s side than the defendants, even my a small amount, in order to find for the plaintiff.

Term
charge to the jury
Definition
After the presentation of the plaintiff’s case, the defendant presents her case.  Following the presentation of evidence by both sides, the two side presents final arguments to the tryer of fact.  Before the case goes to the jury for consideration, the ___to the __ is written by the judge (with input by the litigants) detailing to the jury what and how they are to consider during their deliberations.  The jury retires to consider the case and votes on a verdict.
Term
12; hung jury; mistrial; 10
Definition

In a criminal trial in district court, the jury of ___ must vote unanimously to find the defendant guilty or to find the defendant not guilty.If the final decision of the jury is not unanimous, no verdict is entered (a “__ ___”) and the judge declares a ___.  In a civil case, __ of the 12 jurors are needed to find for the plaintiff or defendant

Term
appeal; juries; lower; errors
Definition
The losing party in a civil trial or a convicted criminal defendants may ___ an unsatisfactory verdict to higher courts.  In appellate courts there are no ___ and no presentation of facts or evidence. Appellate judges review decisions and procedures of the ___ court to make decisions based upon alleged ___ in the application of the law in the lower court.
Term
intermediate; civil; criminal; writ of error
Definition
Decisions in trial courts are appealed first to the ____ level appellate court.  The losing side in the intermediate appellate court may appeal to the state high court:  the Supreme Court in a ___ case, the Texas Court of Criminal Appeals in ___ cases.  Cases usually reach the state’s highest courts on  ___ __ ___, in which a lower court is charged with erroneous rulings on points of law.
Term
losing; capital murder
Definition

Cases are appealed up the judicial ladder from trial court to intermediate court to high court.  In one instance only can a ___ party appeal directly from the trial courts to the state high court.  In __ ___cases, a death sentence is appealed directly and automatically to the Texas Court of Criminal Appeals, bypassing the intermediate appellate court.

Term
finance; lawyers; business
Definition
Judicial ___ has been a controversial topic regarding the Texas judicial system for a number of years.  Judges in Texas are elected to the bench in partisan elections, even judges on the Supreme Court and Court of Criminal Appeals.  Particularly in state-wide races, large sums of money are needed by judicial candidates to reach the state voting population of Texas.  Those campaign contributions come primarily from ___and interest who have ___ to be decided by the courts.
Term
tort reform
Definition

Contributions to partisan elections of winning Supreme Court judges averaged almost $836,347 in 1988.   Initially unable to defeat appellate judges who were ruling for consumers and plaintiffs, the business community sought instead to reform the style of cases and decisions by a political ploy they labeled as “___ ___.”

Term
tort; state;1995; damages; liabilities; lawsuits;
Definition
Changes in ___ law—the civil law dealing with injuries to people by faulty product and negligent individual--required ___laws be changed by the legislature, and in ___major changes were enacted after massive amounts of money were spent by business interests on lobbying and public relations campaigns.  Changes advocated and adopted in tort law revision set limits on punitive ___, governmental ___, and discouraged ___ by consumers in the 1980s, expanding their power in 1995.
Term
business; 3; republican;
Definition
___ interests also began a massive spending campaign to elect judges who came from corporate law firms and would rule for corporate interests against consumers.  In 1988, Republicans won ___ of six Supreme Court elections.  Strong ____ gains in Texas judgeships were made throughout the state, though there did not occur major judicial selection process reforms.
Term
republicans; consumer
Definition
By 1995, Republicans had attained a 5–4 edge on the Supreme Court. Today, all the members of the Texas Supreme Court and the Court of Criminal Appeals are ___.  The Supreme Court now consistently rules against ___ in tort cases in the majority of cases presented to them.
Term
missouri plan
Definition
Arguments abound for and against changing Texas’s system of selecting judges.  Critics say that electing judges in partisan elections opens the judicial system up to the corrupting influences of politics.  Many critics of the election system of selecting judge urge the adoption of the merit system of judicial selection, also known as the ___ ___.
Term
governor; nonpartisan; removed
Definition
in missouri plan a panel would be appointed by the ___ which in turn would select judges for the bench.  After a set period of service on the bench, the jurist would come before the voters in a ___ election to retain or reject the judge on or from the bench.  The flaw in the plan is the argument that politics would be ___ from the process. 
Term
gubernational
Definition

____appointments, many believe to the commission and selections by the commission in turn, would be politically motivated, much as the federal process of selecting judges to the bench has become.

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