Texas Judiciary Lecture Notes

Overview of the Texas Judiciary

• Article Five of the Texas Constitution: Outlines the powers and limits of the Texas judicial branch.
• Purpose: Interpret laws and the Constitution, ensuring laws and their enforcement are consistent with the Constitution.
• Acts as a check to ensure legislative and executive branches act constitutionally.

Types of Law

• Public Law: Involves government as respondent or petitioner.
• Private Law: Disputes between individuals, with the government acting as a referee.
• Cascading Set of Laws:
  • Constitutional Law: Framework for government.
  • Statutory Law: Laws passed by the Legislative Branch must align with the Constitution.
  • Administrative Law: Rules made by the executive branch to enforce laws, must align with statutory and constitutional laws.
• Criminal and Civil Law:
  • Criminal Law: Enforced by law enforcement, divided into felonies and misdemeanors.
  • Civil Law: Disputes between private parties, with a lower burden of proof than criminal law.

Structure and Function of Texas and US Courts

• Similarities:
  • Multiple layers: district, intermediate/appellate, and supreme courts.
  • Allow for appeals to higher courts.
  • Ensure enforcement of laws and constitutional behavior of legislative and executive branches.
• Differences:
  • Texas Courts: More complex, with two supreme courts and multiple layers.
  • US Courts: Three clear layers.
  • Judges in Texas are elected, while US judges are appointed.

Texas Judicial System

• Layers:
  • Trial Courts: Municipal and justice courts.
  • County Level Courts: Constitutional County Court, Probate Court, County Court at Law.
  • District Courts: Civil and criminal courts.
  • Court of Appeals: Handles both criminal and civil cases.
  • Supreme Courts: Texas Supreme Court for civil cases, Court of Criminal Appeals for criminal cases.

Judges and District Attorneys

• Judges: Elected in Texas, appointed in the US.
• District Attorneys: Elected in Texas, appointed in US; handle prosecutions and defenses on behalf of the government.

Judicial Review

• Power of Courts: Declare laws unconstitutional and overturn them.
• Judicial Restraint: Courts should defer to legislative and executive branches.
• Judicial Activism: Courts as co-equal branch, proactive in policy when needed.

Limits of Texas Courts

• Enforcing Rulings: Courts rely on legislative and executive branches.
• Legislative Amendments: Texas legislature can amend the Constitution, bypassing court rulings.
• Subject to Supreme Court: Texas courts must comply with federal rulings.

Court Opinions

• Majority Opinion: Ruling agreed by the majority of justices.
• Concurring Opinion: Agreeing with majority but for different reasons.
• Dissenting Opinion: Disagreement with majority ruling, explaining the rationale.