Intro to Law test 5
What is the most sharply limited trial jurisdiction in Texas?
Municple Courts - they are limited geographically to the city they serve and limited in subject matter - they can only here Class C Misdemeanors
What is a de novo appeal?
A brand new trial as if the first one didn't happen.
Texas Municipal Courts have what type of jurisdiction over class C offenses?
Texas Municipal Courts have jurisdiction over what matters?
Violations of Municipal criminal violations and city ordinance violations
How are Texas Municipal Judges selected?
No statewide rules on how each is elected. Each municipality pick how they are elected; most are elected by city council and then recommended by city manager.
If you get a speeding ticket inside city limits, where is the case likely to be tried?
Texas Municipal judges are authorized to issue what forms of official process?
Search and arrest warrants
In Texas, both municipal judges and justice of the peace judges are authorized to act in what additional official judicial capacity?
What is a peace bond?
Contracts enforced by the court to prevent people from harming one another.
Historically, what was the jurisdiction of the Justice of the Peace Courts?
extra broad jurisdiction including criminal trials
May a justice of the peace court grant equitable relief?
If you get a speeding ticket outside city limits, where is the case likely to be heard?
Justice of the Peace court
What type of appeals may be taken from a non-record municipal court to the county court?
What matters are expressly NOT in the jurisdiction of Texas County Courts?
Class A and B Misdemeanors are the exclusive jurisdiction of JP or Municipal courts
County Criminal courts hear what matters?
Class A/B Misdemeaners
May a county court grant equitable relief?
Yes, lowest level or court that can; all equitable remedies available
What is a specialized county court?
a county court that concentrates on one or more areas of law, such as probate or mental illness, rather than exercising the general jurisdiction granted to them by the constitution.
Constitutional county judges serve for what term?
4 year terms
What are the requirements to be a Constitutional county court judge?
must be well versed in the law; live in the county they serve; registered to vote
How are Constitutional county court judges selected?
elected on a partisan ballot
what are the requirements to be a statuatory county court judge?
have to be a lawyer, no specific education or specialty; live in county for two years; registered to vote
What matters are heard by Texas District Courts?
Most Serious Civil and Criminal cases are heard. All claims heard here unless specificall meant to be heard elsewhere.
Texas district courts have exclusive original jurisdiction over what matters?
all suits involving disputes ovr land titles; slander/defamation; contested elections
Texas District Courts have appellant jurisdiction over what matters?
probate cases originally in county court and county commissioners courts
What matters are heard in family district courts?
adoptions and birth; divorce and marriage annulments; child welfare and custody; support; parent/child relationships; husband/wife relationships
Texas has what type of trials in criminal cases?
What is an associate judge?
an attorney appointed licened to practice law in Texas appointed by a judge to help clear the docket in less important matters.
How are associate judges selected?
Appointed by the court; approved by county commissioners
In a jury trial, in a civil case, in a district court, what agreement of the jurors is reqired to return a verdict?
Agreement by 10 of the 12 jurors
What are the requirements to be a Texas District Court Judge?
25 years of age, practicing attoryney or judge for 4 years, resident of district for two years
Texas Court of Appeals have final jurisdiction over what matters?
Civil Cases over $100
How many courts of appeals districts are there in Texas?
Fort Worth is in which Texas Court of Appeals?
The vat majority of criminals appeals are heard by which court?
Court of Appeals
What is the highest court in Texas for Criminal Cases?
Court of Criminal Appeals
Who writes the Texas rules of civil procedure?
What is the Constitutional jurisdiction of the Texas Supreme Court?
limited to questions of law arising in civil cases where there is a disagreement regarding a material question of law; conflicting decisions in lower courts; unconstitutionality of state statutes
what is the supplemental jurisdiction of the Texas supreme court?
When the railroad commission is a party; state revenue cases; an error of substantive law has been made by the Court of Appeals
When may a direct appeal be taken from Texas District courts to the Texas supreme court?
when granting or denying an injunction on the grounds of constitutionality or unconstitutionality of any statute or administrative order
What is the general jurisdiction of the Texas Supreme Court?