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Similarities Between Texas And Federal Court System

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The Texas and federal court systems are integral components of the American legal system, but they share both similarities and differences that distinguish them from one another. In this essay, I will discuss two similarities and two differences between these two court systems, examining their structures, method of selection, and types of cases heard. Firstly, the hierarchical structure is a fundamental similarity shared by both the Texas and federal court systems. Both systems employ a similar hierarchical structure that commences with trial courts and progresses through intermediate appellate courts to the highest court at the top. Moreover, this hierarchical arrangement ensures that cases are heard and decisions made at various levels of the judiciary, allowing for appeals and upholding the principle of checks and balances, guaranteeing impartiality and fairness. …show more content…

This system permits parties to present their cases, and the judge or jury reaches a verdict based on the evidence and arguments provided. Nevertheless, the adversarial system guarantees that both sides of the case are heard, and the decision-making process is transparent and impartial, as it exposes the weaknesses and strengths of each side’s arguments. One significant difference between the two court systems is the method of selecting judges. In the federal system, judges are appointed by the President and confirmed by the Senate, while in Texas, judges are elected by popular vote. This selection process can result in different types of judges, with federal judges typically being selected based on their legal expertise and experience, whereas Texas judges may be more influenced by political factors and public opinion. Ordinarily, this can lead to differences in the types of judges appointed and their approach to

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The parties decide what evidence to present, what witnesses to call, and how to question them. The judge is to be a neutral during the process and uphold the principles of fairness and equality, although he does make determinations of fact and law. The adversarial system is usually found in places with a common law system. In an inquisitorial hearing, the judge has a more prominent and active role in regards to evidence and questioning the witnesses. The inquisitorial system is typically found in places with a civil law system.

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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.

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The Texas State Court system is very structured. There are 5 levels of the Texas Courts. Level 5 starts with Justice and Municipal Courts. Justice Courts have Jurisdiction over civil actions, small crimes, and criminal misdemeanors. The Municipal courts have jurisdiction over municipal ordnance cases and criminal misdemeanors that are only punishable by fine.

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