2. Describe the structure of the Texas Judiciary and explain in full the Texas Supreme Court and Texas Court of Criminal Appeals procedure in accepting and deciding cases and the types of opinions.

Law · Middle School · Tue Nov 03 2020

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The Texas Judiciary is structured with a bifurcated appellate system at the highest level, meaning it has two separate courts of last resort: the Texas Supreme Court for civil cases, and the Texas Court of Criminal Appeals for criminal cases.

Starting from the bottom, the Texas Judiciary consists of several levels:

1. Municipal Courts and Justice of the Peace Courts: These are the lowest courts and handle minor criminal offenses, small claims, and traffic violations.

2. County-Level Courts: Includes County Courts at Law, Constitutional County Courts, and Probate Courts. County Courts at Law and Constitutional County Courts generally hear class A and B misdemeanor criminal cases and civil cases. Probate Courts deal with matters involving wills, estates, and guardianships.

3. District Courts: These trial courts have general jurisdiction over a wide range of civil and criminal cases, but typically handle more serious matters.

4. Courts of Appeals: Texas has 14 Courts of Appeals, which review cases appealed from the district and county-level courts. They have intermediate appellate jurisdiction for both civil and criminal cases.

5. Texas Supreme Court: It is the highest court for civil and juvenile cases in Texas. It consists of one Chief Justice and eight Associate Justices. The Texas Supreme Court has discretionary jurisdiction, meaning it gets to choose which cases it will hear. Typically, it selects cases that have important legal issues that need to be clarified or settled for the state's jurisprudence.

The Texas Supreme Court follows this procedure in deciding which cases to accept and decide:

- Petition for Review: A party who is not satisfied with a decision of a lower appellate court files a petition for review. - Briefing: The petitioner and respondent exchange written arguments (briefs). - Oral Arguments: If the Court decides to hear the case, it may schedule oral arguments. - Deliberation: Justices consider the case and issue a decision.

The Texas Court of Criminal Appeals is the highest court for criminal cases. It has mandatory jurisdiction over certain cases such as death penalty appeals and discretionary review over other cases. Like the Supreme Court, it can pick which cases it wants to hear from those that are petitioned to it.

Its procedure typically involves:

- Petition for Discretionary Review (PDR): When a party is not satisfied with a court of appeals' decision in a criminal case, they can file a PDR. - Review Decision: The court decides whether to grant the review. - Oral Arguments and Deliberation: If the review is granted, the court hears arguments and then issues a decision.

Both courts issue various types of opinions, which include:

- Majority opinion: A majority of the justices agree on the decision and reasoning. - Concurring opinion: A justice agrees with the decision of the majority but has different or additional reasons for the decision. - Dissenting opinion: A justice disagrees with the majority's decision and writes an opinion explaining their dissent. - Per curiam opinion: An unsigned opinion issued by the court as a whole, often in less controversial cases.

Extra: Understanding how the judiciary works is an important aspect of civics and government. In the Texas Judiciary, each court has been designated to handle certain types of disputes, reflecting how the legal system is organized to manage a vast array of cases – from minor infractions to complex civil disputes or serious criminal matters.

Think of it like a pyramid: the larger number of smaller cases start at the base in the lower courts. As you move up the pyramid, the number of cases decreases but their complexity and significance often increase. The dual structure at the top of the pyramid in Texas (with separate courts for civil and criminal last-resort appeals) is unique among the states, many of which have a single supreme court that handles both types of cases.

This structure aims to ensure that expertise is developed in the different branches of the judiciary, so complex civil and criminal matters get the specialized attention they require. It also points to the importance of a checks-and-balances system, where higher courts review the decisions of lower courts to ensure fairness, consistency, and adherence to the law. Understanding these processes is key to recognizing the role of law in society and the ways in which legal systems seek to administer justice.