chapter ten texas court system. copyright © houghton mifflin company. all rights reserved. 10-2...
TRANSCRIPT
Chapter Ten
Texas Court System
Copyright © Houghton Mifflin Company. All rights reserved. 10-2
Introduction
• This presentation will allow you to follow various types of court cases through the Texas court system.
• This is based on Figure 10.1, so you may refer to the book if you get “lost.”
• Click on the buttons that represent your choices, or on the arrows to move from one slide to the next.
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Level of Courts
• Before you choose the type of case, consider that there are three levels of courts in Texas:• Local• County• State
• So as you follow your case, look for each level and see where your case is!
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Types of Cases
• Civil case• Dispute between two
parties• Usually involves a
question of authority or responsibility
• Criminal case• Person(s) accused of
violating one or more laws
• Government must prove case beyond reasonable doubt
Civil Case Criminal Case
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Level of Case?
Local
County
State
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Level of Case? (Cont’d)
Local
County
State
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Civil Case
• Local:• There isn’t much work for many local courts in
this area. Some JP courts perform the “small claims” function in which the amount in dispute is small.
• Example: Did you “give” or “loan” your neighbor your lawn mower?
Appeal? Start Over
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Civil Case (Cont’d)
• County:• If the amount in dispute is over $200, but less
than $5,000 ($100,000 in Courts at law) this is where your case goes.
• These are obviously more serious disputes, and sometimes businesses are involved.
• Example: A business sues a former employee to recover costs incurred by the employee (like stolen equipment). Appeal? Start Over
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Civil Case (Cont’d)
• State:• These are the most serious cases– divorces,
contested elections, etc.• The trial court is the local District Court; some
counties have several.• Businesses are often involved in suing each
other over contracts.
Appeal? Start Over
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Civil Case (Cont’d)
• Appeal:• The Courts of Appeals hears cases from both
the county courts and the district courts.• In some cases, like divorces, their decision is
final.• In the rest of the cases, you might appeal.
Appeal? Start Over
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Civil Case (Cont’d)
• Final Stop: Supreme Court of Texas• This is the final court for the state of Texas.• Their decision is final, and it may take several
months for them to reach a decision in your case.
Appeal? Start Over
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Criminal Case
• Local:• In municipal courts, cases are violations of
city ordinances, like speeding.• In JP courts, cases are Class C
misdemeanors.• These courts generally don’t keep records.
Appeal? Start Over
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Criminal Case (Cont’d)
• County:• These courts hear Class A & B misdemeanor
cases.• There may be an occasional appeal from a
local court– but that usually means a new trial.
Appeal? Start Over
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Criminal Case (Cont’d)
• State:• This is the place for felonies– the most
serious of crimes.
• Once again, the trial court is the District Court; some hear only these types of cases.
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Criminal Case (Cont’d)
• State:• One thing to keep in mind about these cases:• There are TWO levels of punishment:
• Capital• Non-capital
• So there are two paths for possible appeals
Capital Appeal? Start OverNon-Capital
Appeal?
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Criminal Case (Cont’d)
• Appeal:• In non-capital punishment cases, these
judges will render their decision on the district court.
• It is an intermediate step in some cases.
Appeal? Start Over
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Criminal Case (Cont’d)
• Final Stop: Court of Criminal Appeals• Death penalty cases automatically come here.• An appeal from a Court of Appeals comes
here too.• It can take nearly 3 years (versus 1 year) to
decide a death penalty case.
Appeal? Start Over
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Final Stop
• This is the end of the line (in most cases) for your case. There are no appeals beyond the court you just left- its decision is final.
• You can try your case in federal courts, but that’s for another course.
Start OverReturn toLast Court END