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29 Cards in this Set
- Front
- Back
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Burden of Proof
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In a court case, a party's duty to convince a judge or jury that the party's version of the facts is true. The standard of proof is higher in a criminal case than in a civil one. "Preponderance of the evidence." This means that whichever party has more evidence or proof on its side should win the case. In a criminal case, the burden on proof falls heavily on the govt or the prosecution. Prosecution must prove "beyond reasonable doubt" that the defendant is guilty.
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Felony
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A crime- such as arson, murder, rape or robbery that carries the most sever sanctions, usually ranging from one year in prison to death.
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Capital Murder
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Including murder of a police officer, firefighter, prison guard, or child under age six; murder for hire, murder committed during certain other felonies; and mass murder.
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Misdemeanor
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A lesser crime than a felony, punishable by a fine or imprisonment for up to one year.
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State Jail Felony
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Including thef tof more that $1500, burglary of a bldg other than a habitation, sale of less than one gram of narcotics, auto theft, and forgery.
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First Degree Felony
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Including aggravated sexual assault, theft of more than $200,000, robbery, noncapital murder, and sale of more than four grams of "hard" drugs such as heroin.
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Second Degree Felony
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Including theft of more than $100,000 and burglary of a habitation.
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Third Degree Felony
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Including theft of more than $20,000, drive by shootings (that don't result in murder) and involuntary manslaugter.
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Class A Misdemeanor
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Including theft of more than $500, driving while intoxicated, resisting arrest, and stalking.
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Class B Misdemeanor
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Including theft of more than $50, possession of small amounts of marijuana, and reckless conduct (such as pointing a gun at someone)
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Class C Misdemeanor
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Including theft of less than 450, smoking on a public elevator and disorderly6 conduct (such as indecent exposure)
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FBI Index Crimes
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A set of crimes reported by the FBI and commonly used as a way of measuring the overall crime rate. The index crimes are murder and non-negligant manslaughter, forcible rape, robbery, aggravated assault, burglary, theft and murder vehicle theft.
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Personal Recognizance
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A defendant's personal promise to appear in court.
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Grand Jury
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A jury that sits in pretrial proceeding to determine if sufficient evidence exists to try and individual and, therefore, approve an indictment.
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Writ of Information
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in criminal law, a forma accusation filed by a prosecutor agaianst a party charged with a crime. It is an alternative to an indictment and does not involve a grand jury.
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Change of Venue
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A change in the site of a trial.
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Plea of Bargaining
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Negotiations that take place between the prosecution and the defense in a criminal case in which the defendant normally is offered a lighter sentence or other benefits in return for a guilty plea.
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Deferred Adjudication
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A procedure that allows ta judge to post-pone final sentencing in a criminal case; charges are dismissed if the defendant completes a satisfactory probationary period.
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Adversary System
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A legal system in which parties to a legal action are opponents and are responsible for bringing the fact and law related to their case before the court.
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Probation
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A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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Acquitted
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Found not guilty.
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Original Jurisdiction
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The authority of a court to consider a case in the first instance; the power to try a case, as opposed to appellate jurisdiction, which involves the power to review cases decided by other courts.
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County Courts at Law
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In TX, county courts in addition to the constit.'l county court. They are established by the legilsature in all but the smallest TX counties and may have criminal or civil jurisdiction. They form a level of courts superior to justice of the peace and municipal courts but inferior to district courts. There are 222 of these statutory courts at law in 84 TX counties. Must have four years experience as a presiding attorney or judge.
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County Courts
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Requires that the county judges be elected by ovters for four year terms and be "well informed in the law of the state," which can mean almost anything. About 12% of judges are licensed to practice law. County courts handle probate and other civil matters in which the amount dispute is between $200 and $10,000. Criminal jurisdiction is confined to serious misdemeanors for which punishment is a fine of more than $500 , a jail sentence or both.
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Appellate Jurisdiction
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The authority vested in an appellate court to review and revise the judicial actions of inferior courts.
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Courts of Appeals
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Hears immediate appeals in both civil and criminal cases from districts and county level courts in their areas. Have appellate jurisdiction. Appeals judges are elected from their dist. for 6 yr terms, ust be at least 35 and have at least 10 years experience as a lawyer or judge.
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Court of Criminal Appeals
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Highest state appellate court in criminal matters in TX. Consists of a presiding judge and eight other judges.
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TX Supreme Court
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The final court of appeals in civil and juvenile cases. Has original jurisdicion over issuing writs and conducting proceedings for involuntary retirement or removal of judges. Consists of one chief justice and eight associate justices. All are elected statewide after being nominated in party primaries. 3 of 9 justices are elected every two years for 6 year terms. Justice must be at least 35 years of age, a citizen of the US and of TX and must have been a lawyer or judge of a court of record for at least 10 years.
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Selection of Judges
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Officially, TX elects ti judges in partisan elections. Most judges first assume office through appointment to fill vacancies crearted when judges leave office. Appointments between elections are made by the governor with the advice and consent of the senate. Justices are usually nominated, take the bench then face election 4 years later.
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