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The texas court system quizlet
The texas court system quizlet
The texas court system quizlet
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The United States Constitutions and Texas Constitutions are similar to each other. Both of them run with a bicameral legislature consisting of House of Representatives and a Senate. In both, members should vote for representatives, and legislative branch makes the laws. The both constitution are similar as they provide for a separation of powers, checks and balance, between legislative, executive, and judicial branches of government.
Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment.
The Constitution of 1876 and the Constitution of Texas are both incredibly influential to the government of Texas. Their importance lies in their ability to outline the structure of government, allocate powers between different branches, and establish the rights and responsibilities of both the government and the citizens. The Constitution of 1876, for example, involves the separation of powers, state government structure, Bill of Rights, legislative authority, and amending process. Meanwhile, the Current Constitution of Texas involves the outline of the state government structure, powers of the legislature, protection of individual rights, local government provisions, and the amendment process. Both the Constitution of 1876 and the current
Fisher v. Texas “Universities all over the country are breathing a sigh of relief,” Sherrilyn Ifill ("Fisher v. University of Texas”). The final decision of the court case Fisher v. Texas, ruled against student Abigail Fisher; rejecting her opinion that colleges taking in consideration of race as a factor of acceptances is a violation of the Equal Protection Clause in the 14th Amendment ("Fisher v University of Texas Syllabus”). This means that, when deciding among a pool of qualified applicants, a university can consider an applicant’s race, along with his or her test scores, grades, such things as extracurricular activities, athletic or musical ability, and special achievements outside school. Miss Fisher filed a suit after being outraged that she was declined by the color of her skin ("Fisher v. University of Texas”).
The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
Ideally, being able to elect judges seems like a fair concept. Both parties present a field candidate and the voters decide which to choose; however, this system is flawed. Not only is it difficult for the people to obtain any real information about their candidates, there is also the issue of “…Texas justice being sold to the highest bidder.” As a result, many cases have been influenced because of these generous contributions to the candidates. Rather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire.
Washington v. Texas (1967) is a US Supreme Court case about the right of criminal defendants to have witnesses testify on their behalf. The Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution applied in state courts as well as federal courts. At his trial Jackie Washington had attempted to call his co-defendant as a witness but was blocked because state law prevented co-defendants from testifying for each other, under the theory that they might lie for each other on the stand. The Supreme Court reasoned that the Due Process Clause of the Fourteenth Amendment gives defendants the right to fair proceedings, including the right to compel defense witnesses to testify. In previous cases, the Supreme Court
Texas Constitution V. Maine Constitution What is a constitution? According to Merriam Webster Dictionary a constitution is a document that describes the system of beliefs and laws by which a country, state or organization is governed. In numerous ways, the Texas and Maine constitution are similar documents.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
Generally speaking, trial courts are on the bottom of the hierarchy while appellate courts are at the top. Both federal and state trial courts are designed to hear evidence, conduct fact-finding, and apply the law to support court decisions. The appellate courts exist to determine whether previous decisions made by trial courts were conducted in accordance with the law and any evidence presented by litigants. Furthermore, both federal and state courts use a jury system and appoint judges to preside over cases and make decisions based on the law and any evidence presented. Federal vs. State Courts, Federal vs. State Courts - Key Differences (2016), https://www.findlaw.com/litigation/legal-system/federal-vs-state-courts-key-differences.html (last visited Mar 24,
To win any kind of election/re-election candidates must work to please voters. Here in Texas where a majority of people have a strong pro-death penalty stance, judges must also have a strong stance regarding the death penalty if they would like to remain in office. This is concerning because judges will be more likely to seek he death penalty for the convicted so they can create a record of toughness to win over voters. Some elected judges are sometimes of lesser quality than appointed judges in other states, but since they have a record of toughness everything else is thrown out the window. District attorneys also try to maintain a tough reputation as well.
Texas is the second most populated and second largest state in United State. Due to its size, Texas contains diverse landscapes that resemble both American South and Southwest. Most of the population centers are located in areas of formers prairies, grass lands, forests, and the coastline. The current Texas Constitution was adopted in 1876. Like most of the states, it also provides for a separation off power.
Going up from there are the circuit courts, the district courts of appeal, and the supreme court. There are 67 county courts, one in each county. These courts are of limited jurisdiction and deal with only minor offenses. The circuit courts are the states courts of original jurisdiction and are courts of record. They also hear appeals from the county courts.
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.