Title: Chapter 6 - Texas Court System (Trailblazer Trek).html
Course: Civic Action Project (CAP): Connecting Government Concepts to Your Community > Section: Texas Government Trailblazer Treks

⚖️ TCC Texas Government Trailblazer Trek: The Texas Court System

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⚖️ Chapter 6: The Texas Court System 🤠

Explore Texas' unique bifurcated judicial system with two highest courts

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Bifurcated System
⚖️
Justice
📜
Due Process

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Introduction: The Texas Court System

Learn how court decisions shape Texas law through a real case study.

🌟 150 points available
2

Sources and Hierarchy of Law

Discover the types and sources of law in Texas.

🌟 180 points available
3

Structure of the Court System

Explore Texas' hierarchical court structure and types of jurisdiction.

🌟 180 points available
4

Trial Courts in Texas

Learn about Municipal, JP, County, and District Courts.

🌟 200 points available
5

Appellate Courts

Understand the Courts of Appeals, Supreme Court, and Court of Criminal Appeals.

🌟 180 points available
6

Texas' Civil Justice Process

Follow a civil case from complaint to appeal.

🌟 150 points available
7

Texas' Criminal Justice Process

Learn the steps from arrest to post-trial.

🌟 180 points available
8

Judicial Selection in Texas

Explore how Texas selects its judges and the debate over partisan elections.

🌟 180 points available
9

Key Terms and Glossary

Master the essential vocabulary of the Texas judicial system.

🌟 120 points available
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⚖️

Introduction: The Texas Court System

🎯 Learning Objectives

- Explain the structure and function of the judicial branch of the Texas government

How much does a bar or restaurant have to do to protect customers from harm, especially harm resulting in part from their own actions? A real Texas case helps illustrate how our court system works.

🔍 Click to explore: The Del Lago Resort Case

+30 points! 🎉 Real case study revealed!

In 2007, the Del Lago Resort, an upscale golf resort north of Houston, booked a wedding reception alongside the second night of a three-day college fraternity reunion. Members of both groups ended up in the resort's bar, where a brawl ensued "involving twenty to forty 'very intoxicated' customers." After they "waded into the scrum," one of the fraternity members, Bradley Smith, was seriously injured.

Smith sued Del Lago in a Texas state district court, claiming the resort should have done more to protect him from harm. After nine days of conflicting testimony, jurors found Smith 49 percent liable for his own injuries, but found Del Lago 51 percent at fault and awarded nearly $1.5 million to Smith.

🔍 Click to explore: The Appeals Process

+30 points! 🌟 Appeals process revealed!

The Tenth Court of Appeals in Waco reviewed the case and upheld the verdict, ruling that a "reasonable person who knew or should have known of the one-and-a-half hours of ongoing 'heated' verbal altercations and shoving matches between intoxicated bar patrons would reasonably foresee the potential for assaultive conduct to occur and take action to make the condition of the premises reasonably safe."

On further appeal, the nine-member Texas Supreme Court upheld the Court of Appeals decision, issuing a 6-3 opinion. Chief Justice Nathan Hecht was one of three justices who wrote a dissenting opinion. In Texas, you can't recover at all if you're more at fault than the party you're suing. 49 percent is the greatest amount of fault you can have and still collect money.

📜 Precedent
Court decisions like this one determine what happens to the parties in that specific case, but they can also set precedents that will be followed by other courts for years to come. After the Del Lago decision, bars and restaurants throughout Texas took a hard look at their policies and procedures to try to prevent such altercations from occurring, and to make sure they could protect themselves from liability in the event of a similar disturbance.
❓ In the Del Lago case, what percentage of fault did the jury assign to the plaintiff (Smith)?
49 percent
51 percent
100 percent
0 percent
❓ In Texas, what is the maximum percentage of fault a plaintiff can have and still recover damages?
50 percent
49 percent
25 percent
0 percent
✅ Complete Section 1
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Sources and Hierarchy of Law in Texas

🎯 Learning Objectives

- Identify the sources and hierarchy of law in Texas

It's often said that we are a "nation of laws," but it is also true that we are a state of laws. Within codified law, there are two forms of law that the courts are concerned about within any legal system: civil law and criminal law.

Law Type | Definition | Burden of Proof | Examples
Civil | Concerns private rights, relief or remedy | Preponderance of the evidence | Divorce, lawsuit
Criminal | Violates a specific penal law | Beyond a reasonable doubt | Traffic violation, felony charge

🔍 Click to explore: What are the sources of law in Texas?

+35 points! 🎉 Sources of law revealed!

Sources of law in Texas include:

Constitutional Law: The body of law which defines the role, powers, and structure of different entities within a state. Includes the National Constitution and Texas Constitution.

Statutory Law: Laws passed by a legislature, including National Laws (Congress) and Texas State Statutes (Texas Legislature).

Administrative Regulations: Laws that govern the activities of administrative agencies, including National regulations and the Texas State administrative code.

Court Precedents: Principles established in previous legal cases that guide future decisions (stare decisis - "Let the decision stand").

Local Codes and Ordinances: Laws for political divisions smaller than a state, such as city or county ordinances.

⚖️ Stare Decisis
The principle by which judges are bound to precedents is known as stare decisis (a Latin phrase with the literal meaning of "Let the decision stand"). Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes.

📊 Hierarchy of Law in Texas

1. Constitutional Law (Highest)
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2. Statutory Law
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3. Administrative Regulations
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4. Local Codes and Ordinances (Lowest)
❓ What is the burden of proof in a criminal case?
Preponderance of the evidence
Beyond a reasonable doubt
Clear and convincing evidence
Probable cause
❓ Which type of law has the highest authority in Texas?
Constitutional Law
Statutory Law
Administrative Regulations
Local Ordinances
✅ Complete Section 2
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🏛️

The Structure of the Texas Court System

🎯 Learning Objectives

- Describe how state courts are structured in Texas

Even before Texas became its own Republic, Texas had a system of courts. As citizens of Mexico, Texans were given access to state and local courts created by the Mexican constitutions of 1824 and 1827. Appeals, however, were handled only in Saltillo, over 600 miles from the northern parts of the state.

🏛️ Texas Has More Courts Than Any Other State
The Republic of Texas and, later, the State of Texas established a judiciary with local access to both trial and appeals courts. Texas has more courts than any other state, creating more access to courts, but also additional costs. About 90 percent of all cases in the U.S. court system are heard at the state level. State courts handle most crimes (robbery, rape, murder), civil matters (personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes).
🔍 Click to explore: Types of Jurisdiction

+35 points! 🎉 Jurisdiction types revealed!

Every court system has jurisdiction over certain cases. There are three types:

Original Jurisdiction: The court that gets to hear the case first. For example, Municipal courts typically have original jurisdiction over traffic offenses that occur within city limits.

Appellate Jurisdiction: The power for a higher court to review a lower court's decision. For example, the Texas Court of Appeals has appellate jurisdiction over the District Courts.

Exclusive Jurisdiction: Only that court can hear a specific case. For example, only the Texas Court of Criminal Appeals can hear appeals for death penalty sentences.

🔍 Click to explore: The Bifurcated System

+35 points! 🌟 Bifurcated system explained!

The structure of the Texas court system is set up as a bifurcated system, meaning there are two highest courts of appeals for criminal and civil cases:

Texas Supreme Court: Handles all civil case appeals

Texas Court of Criminal Appeals: Handles all criminal case appeals

Each of Texas' two highest courts has nine members, elected statewide in partisan elections. Unlike courts of appeals, the Texas Supreme Court and Court of Criminal Appeals hear all cases en banc (all nine judges together).

❓ What does "bifurcated" mean in the context of Texas courts?
Courts are divided by county
There are two separate highest courts for criminal and civil cases
Judges serve two terms
Courts meet twice a year
❓ Which court has exclusive jurisdiction over death penalty appeals in Texas?
Texas Supreme Court
Texas Court of Criminal Appeals
District Courts
Courts of Appeals
✅ Complete Section 3
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🏛️

Trial Courts in Texas

The Texas court system is hierarchical, meaning cases start in local trial courts, then work their way up to appeals courts. In our legal system, criminal cases are those where a defendant is accused of violating the law. All other cases are civil.

🏙️ Municipal Courts

City courts with judges often appointed by mayors and city councils

Municipal courts are city courts—the only judges in Texas who are not elected by the citizens. They have exclusive jurisdiction over cases involving the violation of city ordinances (like building something without getting a building permit) but handle mostly parking and traffic tickets.

⚖️ Justice of the Peace Courts

822 JPs across Texas, elected in partisan elections

Texas has 822 justices of the peace (JPs), selected by voters in partisan elections. JPs are the true jacks-of-all-trades in the Texas judicial system. They handle traffic tickets and other low-level criminal offenses, civil cases involving amounts up to $20,000, debt collection cases, commercial and residential evictions, truancy—even inquests (declaring people dead) in all but the largest urban counties. Justices of the Peace do not have to be attorneys, and a majority of Texas JPs are not lawyers.

🔍 Click to explore: Constitutional County Courts

+35 points! 🎉 County court functions revealed!

The Texas Constitution assigns certain judicial powers to county commissioners' courts, which are also the governing bodies of Texas counties. As a constitutional county court, they hold hearings on beer and wine license applications, assignment of the mentally ill to hospitals, juvenile work permits, and temporary guardianship.

📋 County Courts at Law

Judges elected to 4-year terms in partisan elections

Harris County has 16 county criminal courts-at-law, along with 4 county civil courts-at-law. County criminal courts-at-law can handle cases involving up to a year in county jail, and where the fine would exceed $500. Civil courts-at-law handle disputes involving between $20,000 and $100,000, as well as civil appeals from justice of the peace courts.

🔍 Click to explore: Probate Courts

+35 points! 📜 Probate courts explained!

Probate courts handle wills and estates for deceased persons in Texas' largest counties. Judges are elected to 4-year terms by county voters in partisan elections. In smaller counties, these matters are handled by the local district or county court.

🏛️ State District Courts

472 district courts across Texas, judges serve 4-year terms

State District Courts are the starting point for serious criminal and civil cases in Texas. Civil cases involving more than $200 and criminal cases for which the penalty can involve the state prison system or the death penalty begin with a trial in state district court. District courts also have exclusive jurisdiction over divorce and land title cases. District courts in rural Texas can be all-purpose courts—hearing all types of criminal and civil cases. District courts in urban areas often specialize (criminal, civil, juvenile, family cases).

❓ Do Justices of the Peace in Texas have to be attorneys?
No, and a majority of JPs are not lawyers
Yes, all judges must be attorneys
Only in urban counties
Only if they handle criminal cases
❓ How many state district courts does Texas have?
254
472
822
14
✅ Complete Section 4
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Appellate Courts in Texas

An appeal is not a "do-over." The job of an appeals court is to review the way the trial was conducted. An appeals court can affirm or reverse the lower court decision or can remand the case back to the lower court for further proceedings.

⚖️ Courts of Appeals (14 Courts)

9 judges each, elected to 6-year staggered terms

Texas has 14 courts of appeal, each serving a specific set of counties. Each court has nine members elected in partisan elections. The terms are staggered so that three of the nine positions on each court are placed before the area's voters every two years. For efficiency, nearly all cases are heard by three-judge panels—allowing the court to triple the number of cases they can consider at any one time. Occasionally, a party may petition to have the case heard en banc—meaning by all nine judges.

🔍 Click to explore: Texas Supreme Court

+35 points! 🎉 Highest civil court revealed!

The Texas Supreme Court is the highest civil court in Texas. It consists of nine justices elected statewide in partisan elections and has final state appellate authority over civil cases. All civil cases appealed from any of the 14 courts of appeals go to the Texas Supreme Court. Unlike courts of appeals, the Texas Supreme Court hears all cases en banc (all nine justices together).

🔍 Click to explore: Texas Court of Criminal Appeals

+35 points! ⚖️ Highest criminal court revealed!

The Texas Court of Criminal Appeals is the highest criminal court in Texas. It also consists of nine judges elected statewide in partisan elections. All criminal cases appealed from any of the 14 courts of appeals go to the Texas Court of Criminal Appeals. This court has exclusive jurisdiction over death penalty appeals. Like the Supreme Court, it hears all cases en banc.

📍 En Banc
"En banc" is a legal term meaning that all judges on a court hear a case together, rather than a smaller panel. While the 14 courts of appeals typically use three-judge panels for efficiency, the Texas Supreme Court and Texas Court of Criminal Appeals always hear cases en banc with all nine members.
❓ How many courts of appeals does Texas have?
9
14
2
50
❓ Which court handles final appeals for civil cases in Texas?
Texas Supreme Court
Texas Court of Criminal Appeals
U.S. Supreme Court
District Courts
✅ Complete Section 5
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📋

Texas' Civil Justice Process

🎯 Learning Objectives

- Explain the judicial procedures associated with civil lawsuits and criminal cases

Unlike the criminal justice system, which has an intentional bias in favor of the accused, the civil justice system is meant to be like a balanced scale, with neither side having any special advantage.

⚖️ Civil Cases
A civil case results from a disagreement or dispute between two or more individuals or organizations. The party bringing the civil suit is the plaintiff. The party being sued is the defendant. Civil suits often involve disagreements about money or property, but also include divorce, child custody, contracts, protective orders, and evictions.
🔍 Click to explore: Steps in a Civil Lawsuit

+30 points! 🎉 Civil process revealed!

1. Complaint: In an initial petition to a civil court, the plaintiff must describe the facts of the situation and what relief is being sought from the court.
2. Summons: The defendant must be officially served by the court with notice of the lawsuit and given the necessary information about how to respond.
3. Discovery: Both sides are given a period during which they are required to share information and evidence with each other.
4. Settlement: Most civil lawsuits are resolved through settlement—a formal agreement in which the plaintiff agrees to forego continuing to trial in exchange for money or other consideration. Parties may use a mediator.
5. Trial: If no settlement is agreed upon, a trial is held. A party can prevail by "a preponderance of the evidence." Juries decide who wins and often the specific financial amount of damages.
6. Appeal: The losing party is entitled to appeal. An appeals court can affirm, reverse, or remand the case back to the lower court.
❓ What is the most common method for resolving civil lawsuits?
Jury trial
Settlement
Appeal
Dismissal
❓ What is the burden of proof in a civil trial?
Preponderance of the evidence
Beyond a reasonable doubt
Clear and convincing evidence
Probable cause
✅ Complete Section 6
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⚖️

Texas' Criminal Justice Process

There are several procedural steps in the Texas criminal justice process that occur after a person is arrested and prior to the determination of innocence or guilt. In Texas, as in most other states, this process can take months or even years.

⚖️ Due Process
The Texas court systems have two conflicting goals: they must protect the people and the accused. Therefore, the state of Texas must ensure that every person is treated equally in legal matters—this is known as due process.
🔍 Click to explore: Step 1 - Arrest

+35 points! 🚔 Arrest process revealed!

Miranda Rights: Derived from the landmark U.S. Supreme Court case Miranda vs. Arizona (1966), a person must be made aware of their 5th Amendment rights against self-incrimination prior to being questioned.

Arraignment: Once an arrest is made, the defendant is arraigned and bond is set. Arraignment is when a defendant is formally charged and made aware of their rights.

Bail: Money provided by the defendant to ensure his or her appearance in court. If the defendant can't pay, they may be released on personal recognizance—the defendant's promise to appear.

🔍 Click to explore: Step 2 - Indictment

+35 points! 📜 Grand jury process revealed!

If the charge is a felony, then an indictment must occur for the process to continue. A grand jury determines whether there is sufficient evidence to hold the accused for trial. 9 out of 12 grand jury members must agree that the process can move forward.

"True Bill": Finding probable cause that the accused committed a crime—the case proceeds to trial.

"No Bill": They did not find probable cause—charges are dropped.

A grand jury indictment is NOT a conviction; the accused is held for criminal trial only if the grand jury voted a "true bill."

🔍 Click to explore: Steps 3-5: Plea Bargaining, Trial, and Post-Trial

+35 points! ⚖️ Final steps revealed!

3. Plea Bargaining: An agreement where the defendant agrees to plead guilty or nolo contendere in return for concessions from the prosecutor. Due to overcrowded dockets, plea bargaining is the most common method for resolving criminal cases in Texas.

4. Trial: The defendant may choose trial by jury (guaranteed by Texas Constitution Article 1, Section 15) or waive that right and choose trial by judge. Texas uses an adversary system. For both felonies and misdemeanors, criminal jury decisions must be unanimous, and the standard is "beyond a reasonable doubt."

5. Post-Trial: If found guilty, the defendant receives punishment or rehabilitation: prison time, probation, parole, house arrest, or fines. The judge may allow probation (community supervision) rather than incarceration.

❓ How many grand jury members must agree to return a "true bill"?
All 12
9 out of 12
6 out of 12
Simple majority
❓ What is the most common method for resolving criminal cases in Texas?
Jury trial
Plea bargaining
Dismissal
Appeal
✅ Complete Section 7
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🗳️

Judicial Selection in Texas

🎯 Learning Objectives

- Outline the process of judicial selection in Texas

Each state has its own process for selecting its judges. Methods of judicial selection vary substantially across the United States.

🔍 Click to explore: Methods of Judicial Selection

+35 points! 🎉 Selection methods revealed!

Partisan elections: Judges are elected by the people with party affiliation listed on the ballot. (Texas uses this method)

Nonpartisan elections: Judges are elected without party labels on the ballot.

Legislative elections: Judges are selected by the state legislature.

Gubernatorial appointment: Judges are appointed by the governor, sometimes with legislative approval.

Assisted appointment (Missouri Plan): A nominating commission reviews candidates and submits names to the governor, who appoints from the list. The judge must then be confirmed by voters in a retention election.

🗳️ Texas Uses Partisan Elections
Texas elects their judges (except at some municipal levels) in partisan elections. This means candidates are listed on the ballot with their political party affiliation (Republican or Democrat).

✅ Arguments FOR Partisan Elections

"[Y]ou cannot take the politics out of decisions about who is going to hold what office, but you can take the people out of the politics. This democracy business can be a little messy at times... but you can trust [voters] to get it right most of the time."

—Professor Michael E. DeBow

Proponents argue this method is the most democratic, allowing people a direct voice in selecting judges and holding them accountable through the threat of being voted out.

❌ Arguments AGAINST Partisan Elections

"I never felt so much like a hooker down by the bus station… as I did in a judicial race. Everyone interested in contributing has very specific interests. They mean to be buying a vote."

—Ohio Supreme Court Justice Paul Pfeifer

Critics argue campaign fundraising gives special interests power to manipulate the judiciary, creating a polarized bench where judges feel pressured to please campaign supporters.

🔍 Click to explore: The Shepherd Study on Campaign Contributions

+35 points! 📊 Research findings revealed!

A 2013 study by Joanna Shepherd of Emory University analyzed data from 2,345 business-related state supreme court opinions and over 175,000 contribution records. Key findings:

• A significant relationship exists between business group contributions and how justices vote in business matters.

• The more campaign contributions from business interests justices receive, the more likely they are to vote for business litigants.

• A justice who receives half of his or her contributions from business groups would be expected to vote in favor of business interests almost two-thirds of the time.

• The relationship between money and voting exists in partisan and nonpartisan systems; there is no statistically significant relationship in retention election systems.

❓ How does Texas select most of its judges?
Partisan elections
Gubernatorial appointment
Missouri Plan
Legislative election
❓ According to the Shepherd Study, in which type of judicial selection system was there NO statistically significant relationship between campaign money and voting?
Partisan elections
Nonpartisan elections
Retention election systems
All systems showed a relationship
✅ Complete Section 8
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📚

Key Terms and Glossary

Master these essential terms to understand the Texas court system.

Arraignment: When a defendant is formally charged and made aware of their rights.
Capital Case: A criminal case in which the death penalty is a possible punishment.
Civil Law: A branch of law that deals with disputes, usually between private individuals over relationships, obligations, and responsibility.
Complaint: The presentation of a grievance by the plaintiff in a civil case.
Courts of Appeal: The 14 intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures.
Criminal Law: The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts.
Defendant: An individual, company, or institution sued or accused in a court of law.
District Courts: The major trial courts in Texas, which usually have general jurisdiction over a broad range of civil and criminal cases.
Due Process: In the Texas criminal justice system, the state must ensure that every person is treated equally in legal matters.
Felony: A serious criminal offense, punishable by a prison sentence or a fine; a capital felony is punishable by death or a life sentence.
Hierarchical: In the Texas court system, cases start in local trial courts, then work their way up to appeals courts.
Misdemeanor: A minor criminal offense usually punishable by a small fine or short jail sentence.
Plaintiff: The party who initiates a lawsuit before a court in order to seek a legal remedy.
Plea Bargaining: Occurs when the defendant and the prosecutor negotiate a deal to avoid having to go to trial.
Precedent: A principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts.
Texas Supreme Court: The highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases.
🔍 Click to explore: Special Note on Juvenile Courts

+30 points! 👨‍⚖️ Juvenile court information!

In Texas, juvenile courts preside in the District Courts. A juvenile is defined as young as 10 years old, and a juvenile can be convicted as an adult as young as 14 years old.

❓ What is the difference between a felony and a misdemeanor?
A felony is more serious and can result in prison; a misdemeanor is minor with small fines or jail
They are the same thing
A misdemeanor is more serious than a felony
Felonies are civil cases; misdemeanors are criminal
❓ At what age can a juvenile be tried as an adult in Texas?
18 years old
16 years old
14 years old
10 years old
✅ Complete Section 9

⚖️ TCC Texas Government Trailblazer Trek

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TCC Trailblazer Trek - Completion Report

Chapter 6: The Texas Court System

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95%
Student Name
Not Entered
Date
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Time
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Level Achieved
Explorer

Section | Topic | Status | Points
1 | Introduction: The Texas Court System | ❌ | 0/150
2 | Sources and Hierarchy of Law | ❌ | 0/180
3 | Structure of the Court System | ❌ | 0/180
4 | Trial Courts in Texas | ❌ | 0/200
5 | Appellate Courts | ❌ | 0/180
6 | Texas' Civil Justice Process | ❌ | 0/150
7 | Texas' Criminal Justice Process | ❌ | 0/180
8 | Judicial Selection in Texas | ❌ | 0/180
9 | Key Terms and Glossary | ❌ | 0/120

Instructor Note: This report documents the student's completion of Chapter 6: The Texas Court System in the TCC Trailblazer Trek interactive learning module. Students explored Texas' bifurcated court system, the civil and criminal justice processes, types of jurisdiction, and the debate over judicial selection methods.

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