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Part 1: History of the Judicial Process
1. Explain the term "adversarial legal system" as it relates to American criminal courts.
An adversarial legal system is one in which the case is viewed as a struggle between two opposing sides. Each side acts in its own interest, presenting its case in the best possible light to the court. The judge remains neutral. The theory of this process is that the trier of fact will be able to determine the truth if the opposing parties present their best arguments. Decisions are based upon the evidence presented and the applicable law.
2. Define common law and give an example applicable to municipal courts.
Common law refers to a legal system based on judicial decisions rather than legislative action. Today, many common law principles have been incorporated into current codes and statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts. 1.13 and 45A.155, C.C.P.), the defense of necessity (Sec. 9.22, P.C.), and the defense of justification (Sec. 9.02, P.C.) all spring from the English common law.
3. Identify and briefly describe the role of each branch of government.
The legislative branch enacts the laws; the executive enforces the laws; and the judiciary interprets and applies the laws.
4. Explain the reasoning and significance of separation of powers.
To prevent the accumulation of too much power into too few hands, the U.S. Constitution divides the government into three equal branches: the legislative, the executive, and the judicial. The theory is that if legal power is divided into three branches, no one branch will be able to dominate the other two and impose its own theory of justice on the public.
5. What are the first 10 amendments to the U.S. Constitution called?
The Bill of Rights
6. List the courts established by the Texas Constitution.
Supreme Court of Texas, Texas Court of Criminal Appeals, intermediate courts of appeals, constitutional county courts, district courts, and justice courts.
Part 2: Texas Judicial System
7. Define jurisdiction.
Jurisdiction is the authority and legal power to hear and decide cases.
8. What are the two highest appellate courts in Texas?
Supreme Court of Texas and Texas Court of Criminal Appeals
9. Explain the difference between a civil and criminal case.
A civil case usually deals with private rights of individuals, groups, or businesses. A civil lawsuit can be brought when one person is wronged or injured by another person. A criminal case is legal action brought by the State of Texas against a person charged with a crime.
10. Which is the highest Texas appellate court with jurisdiction over civil cases?
Supreme Court of Texas
11. How are appellate courts different from trial courts?
Trial courts are where cases are heard and decided. Witnesses testify, exhibits are entered into evidence, and a judge or jury determines the outcome. The appellate courts hear cases based upon the "record" (a written transcription of the testimony given, exhibits introduced, and the documents filed in the trial court) and the written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of appeals do not receive testimony nor hear witnesses when considering cases on appeal.
12. What is meant by trial de novo?
Trial de novo means a completely new trial, as if the case had never been heard before. When a case is appealed from a non-record municipal court, it is retried at the higher level as though it is a new case since there is no record of the case from the lower court.
13. Explain how the jurisdiction of justice courts is different from municipal courts.
Justice courts do not have jurisdiction over city ordinances, except in one instance: a violation of a city ordinance involving signs that arises in a city’s extraterritorial jurisdiction. They have jurisdiction over foreclosure and evictions (forcible entry and detainer cases); municipal courts do not. Justice courts have much greater civil jurisdiction than municipal courts.
14. Which branch of government created municipal courts?
The Texas Legislature
15. Name the two categories of municipal courts in Texas that differ based on whether proceedings are formerly recorded.
Municipal court of record and non-record municipal court
16. What kind of cases can only be filed in municipal courts and not in any other court?
Violation of city ordinances and the resolutions, rules, and orders of a joint airport board that occur in the territorial jurisdiction of the city and property owned by the city in the city’s extraterritorial jurisdiction (ETJ).
17. With which courts do municipal courts share jurisdiction?
Justice courts and county courts. Some courts of record may share jurisdiction with district courts.
18. Over which type of criminal offenses do municipal courts share jurisdiction with the justice courts?
State law, fine-only offenses and sign ordinance violations in a city’s extraterritorial jurisdiction
19. What is the geographic jurisdiction of the municipal court?
Generally, within the territorial limits of the city
20. What types of punishment may municipal courts impose for offenses within their jurisdiction?
Fine-only or other sanctions, authorized by law, that do not consist of confinement in jail or imprisonment
21. What is the maximum amount of a fine for a Class C misdemeanor offense in the Penal Code?
$500
22. What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal Code?
As long as the offense is punishable by a fine only, the maximum amount is set by the Legislature.
23. What is the maximum fine amount that a city council can establish for ordinance violations involving public health and fire safety?
$2,000
24. If both a municipal court and a justice court have jurisdiction over a case, which court proceeds with it?
The court in which the complaint (or citation) is first filed retains jurisdiction.
25. Why are lasting impressions of the criminal justice system often formed in municipal courts?
More citizens come into personal contact with municipal courts than with all other Texas courts combined. Public impression of the judicial system is affected and shaped in large measure by the proceedings of the municipal court.
26. What court(s) have jurisdiction in the cases described below:
– An appeal from a district court:
– A divorce case:
– A speeding ticket:
– A felony murder case:
– An appeal from a municipal court:
The answers to the subparts are found below:
- An appeal from a district court: Court of Appeals
- A divorce case: District Court
- A speeding ticket: Municipal or Justice Court
- A felony murder case: District Court
- An appeal from a municipal court: County Court
Part 3: The Municipal Court Role in Local Government
27. City managers may establish traffic revenue quotas as part of evaluating the court’s performance. (True or False)
False (Section 720.002 of the Transportation Code prohibits quotas on municipal courts).
28. Judges may consider factors related to revenue for the city in determining the fine and court costs in an individual’s case. (True or False)
False (judicial decisions may only be made on the basis of facts in evidence and laws).
29. Prosecutors help investigate and decide what complaints are filed in court. (True or False)
True.
30. The judge and clerk may help the prosecutor, police officer, and/or code enforcement officer investigate a crime. (True or False)
False (judges are neutral and unbiased).
Part 4: Agencies and Organizations
31. Indicate which office(s) to call if you need assistance on:
– Training and written materials on court process and procedure:
– The proper forms to report traffic convictions:
– Statistical data on other courts of your size:
– Driving records:
– Help with collecting the proper court costs:
– General information on city government:
– A question about judicial ethics:
– A question about the crime victims program:
– Questions about the court clerks’ certification program:
– A legislative proposal regarding prosecutors in municipal court:
The answers to the subparts are found below:
- Training and written materials on court process and procedure: Texas Municipal Courts Education Center
- The proper forms to report traffic convictions: Department of Public Safety
- Statistical data on other courts of your size: Texas Judicial Council/Office of Court Administration
- Driving records: Department of Public Safety
- Help with collecting the proper court costs: State Comptroller of Public Accounts
- General information on city government: Texas Municipal League
- A question about judicial ethics: State Commission on Judicial Conduct
- A question about the crime victims’ program: Attorney General’s Office
- Questions about the court clerks’ certification program: Texas Municipal Courts Education Center or Texas Court Clerks Association
- A legislative proposal regarding prosecutors in municipal courts: Texas Municipal Courts Association or Texas Municipal League