government 2
Bebisha
Chapter8-TheJudicialSysteminTexas.pptxChapter 8 The Judicial System in Texas
Cindy Casey Brown
Government 2306
2019
The Judicial System
You must follow BOTH the federal court system AND your state court system.
National Judicial Supremacy
FEDERAL COURT SYSTEM
Federal Appellate Courts
United States Supreme Court
https://www.supremecourt.gov/
Two kinds of cases in both federal and state courts:
Criminal Cases
Plaintiff is government and Defendant is person who allegedly committed crime under Model Penal Code.
United States v. Cindy Brown
Punishment is a sentence (jail, probation, fines).
BOP = Beyond a Reasonable Doubt.
Civil Cases
Plaintiff sues Defendant because Defendant owed some legal duty to him and breached it.
Cindy Brown v. Wal Mart
Remedy is money or another relief.
BOP = Preponderance of the Evidence.
Criminal Cases
Due Process
Probable Cause
Exclusionary Rule
Types of Crimes
Texas Penal Code
White Collar Crimes
Who are the criminals in Texas?
How to resolve a criminal case?
Jury Trial
You can bifurcated trials – guilt / innocence phase and punishment phase
Bench trial before the judge
Plea bargain
BOP = Beyond a Reasonable Doubt
Rehabilitation vs. Punishment
Civil Cases
Burden of Proof in Civil Cases
BOP = A preponderance of the evidence
Types of Damages in Civil Cases
Economic – you have a receipt (past and future)
Non-Economic – no receipt (past and future)
Pain and suffering
Mental pain and anguish
Disability and disfigurement
Loss of enjoyment of life
Loss of consortium (for the injured person’s family)
The injury itself
Punitive
Cases Can be Criminal and Civil
Family Law Cases are Civil Cases
The Legal Process in Texas Settlement, Mediation, Trial
Statute of Limitations!!!
(What about the Discovery Rule?)
Participants in the Texas Legal System
Judges – how you become?
Attorneys – how become?
Grand Jury in Criminal Cases
Jury in Civil and Criminal Cases
How do you Pick a Jury?
Judges in Texas
Texas Supreme Court
Texas Court of Criminal Appeals
