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What checks exist on the Texas courts' decisions?
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Texas courts' decisions are subject to review by the federal courts, including the US Supreme Court, which can overrule them.
Explain the concept of judicial review within the context of the Texas judiciary.
Judicial review allows Texas courts to declare laws unconstitutional and overturn them, acting as a check on legislative and executive branches.
How can the Texas legislature bypass court rulings?
By amending the Texas Constitution, effectively overriding judicial decisions.
Describe the different burdens of proof between criminal and civil law in Texas.
Criminal law requires a higher burden of proof than civil law, which involves 'beyond a reasonable doubt' versus 'preponderance of the evidence.'
What is the cascading hierarchy of laws in Texas's legal system from most to least fundamental?
Constitutional Law, Statutory Law, and Administrative Law.
What is the primary purpose of Article Five of the Texas Constitution?
To outline the powers and limits of the Texas judicial branch and ensure laws and their enforcement are consistent with the Constitution.
Why might Texas courts rely on legislative and executive branches to enforce rulings?
Because Texas courts lack the power to enforce their rulings directly and depend on other branches for implementation.
Describe the role and election process of District Attorneys in Texas.
District Attorneys in Texas are elected officials responsible for prosecuting criminal cases on behalf of the government.
How are judges selected differently in Texas compared to federal judges in the US?
In Texas, judges are elected, whereas federal judges in the US are appointed.
What distinguishes judicial restraint from judicial activism?
Judicial restraint suggests courts should defer to legislative and executive branches, while judicial activism sees courts as proactive in policy when necessary.
In what significant way is the structure of Texas courts different from the US federal courts?
Texas courts are more complex with two supreme courts and multiple layers, while US federal courts have a clearer three-layer structure.
How does public law differ from private law in the Texas judicial system?
Public law involves the government as a party, while private law deals with disputes between individuals with the government acting as a referee.
What is the role of the Texas Court of Criminal Appeals?
It serves as the highest court for criminal cases in Texas.
What defines a majority opinion in the Texas judiciary?
A majority opinion is a decision agreed upon by the majority of justices, forming the official ruling of the court.
What is a concurring opinion in the context of court rulings?
A concurring opinion agrees with the majority's decision but provides different reasoning.
Explain the division of criminal cases within the layers of the Texas judiciary.
Criminal cases are initially handled by trial courts, can be appealed to the Court of Appeals, and the most serious cases reach the Court of Criminal Appeals.
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