Ch. 11 | the judicial branch

• role: interpret & apply state constitutional provisions, statutory laws, & agency regulations 
• civil law: concerning noncriminal matters (business contracts, personal injury, etc.)
• criminal law: concerning felony & misdemeanor offenses by individuals against other person & property, or in violation of laws & ordinances 

• Texas courts interpret & apply state law 

trial & appellate courts:

• local trial courts: handle class C misdemeanors 

-municipal courts

-justice of the peace courts

• county trial courts: probate, civil, & criminal jurisdiction
• state trial (district) courts: exclusive original jurisdiction over civil cases w $200+
• intermediate appellate courts: hear appeals of civil & criminal cases from district & county 
• highest appellate courts: 

-court of criminal appeals 

-Texas supreme court: civil law cases, establishes rules of civil procedure for state's lower courts

• specialty courts: deal w particular types of problems/populations
• alternative dispute resolution: use of mediation, conciliation, or arbitration to resolve disputes among individuals w/o resorting to court trial  

• the State Commission on Judicial Conduct plays role in disciplining state's judiciary 
• the State Bar of Texas oversees the state's lawyers 

-Legal Aid: free legal attorney w Legal Services Corporation

• Texas has two types of juries:

-grand juries: 12 persons w qualifications of trial jurors; serves 6 months while determining whether sufficient evidence exists to indict persons accused of committing crimes

-trial (petit) juries: 6 or 12 members

• qualifications of Texas juror:

-citizen of U.S. & Texas

-18+ years old 

-of sound mind

-literate

-not convicted of felony

• exemptions:

-70+ years old

-legal custody of a child younger than 10 

-enrolled in/attending university, college, secondary school

-primary caregiver for an invalid

-employed by legislative branch 

-serving w/in preceding 2 years in counties w populations of 200,000+

-active military duty outside the county

• civil law:

-torts: injury to person/person's property resulting from the wrongful act of another

-contracts

-domestic relations

-family law

• civil trial procedure:

1. plaintiff files petition/complaints against defendant & the remedy sought
2. petition filed w clerk of court
3. lawsuit contemplated
4. clerk issues a citation which is delivered to defendant
5. defendant files an answer to plaintiff's charges 
6. judge sets a trial date