Texas Court System: Questions & Solutions (100% Correct)
What does a typical state court system have? Right Ans - at least one trial court and 2 appellate courts
Is Texas a typical court system? Right Ans - no, very complex due to Texas state constitution problems: elected judges and uninformed voters
How many tiers does the Texas court system have? Right Ans - 4 tiers (2 trial and 3 appellate)
First Tier Trial Courts Right Ans - municipal courts
justice of the peace courts
(small claims courts)
Municipal courts Right Ans - they enforce city ordinances and cannot send you to jail (traffic, noise complaints, building violations)
***revenue raiser can have criminal authority but NOT CIVIL authority: (only within city limits)
-maximum class c misdemeanor ($500 fine)
-DUI's, MIP's, PI's
Judge is usually appointed by city officials and it is usually not a court of record
Where do municipal courts appeal to? Right Ans - the county court or county court at law (2nd tier)
If a municipal court appeals what kind of trial will it be? Right Ans - Trial De Novo- a totally new trial with a new judge and jury Justice of the Peace Court Right Ans - trail court created by the Texas Constitution that can operate out of city limits (each county has @ least 4 of these)
has criminal AND civil authority:
-criminal (same as municipal court)
-civil: lowest dollar civil cases
**appeals go to the county court or county court at law (trail de novo)
Judge requirements for a JP court Right Ans - ELECTED by people:
-4 year term
-bi-partisan election -does not have to have a law license (18 yrs old and a US citizen)
Other duties:
-can be a coroner, a magistrate of perform weddings
Small Claims court Right Ans - statutory court created by the constitution low dollar civil cases and NO CRIMINAL jurisdiction now is merged with the Justice of the Peace court so this court no longer exists
Second Tier Trial Courts Right Ans - cases can either start at this level or be
appealed here county court
county court at law
district courts
County Courts Right Ans - created by the Texas constitution and each county can only have ONE
authority:
-appeals from first tier courts
-criminal: class A and B misdemeanors -civil: $200-$10,000
-NEVER FAMILY LAW CASES
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