Explanation of Aspects of the Texas Judicial System
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How does due process in Texas's courts balance the rights on the individuals and the mores of the community?
What are the advantages and disadvantages of Texas's Judicial Selection Process?
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Solution Summary
This solution is comprised of an examination of how due process in the Texas courts balances individual rights against social mores, and a comparison of the advantages and disadvantages of the Texas Judicial Selection Process. A detailed examination of the relevant passages of the Texas State Constitution, with links to the complete text of that document and a proposal by the League of Women Voters to reform the selection process brings the issues into a sharper focus.
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Article V of the Texas State Constitution delineates the structure and details of the state's court system. The lowest judiciary level is that of "Justice of the Peace" courts (also known as "Justice Court" or "JP Court"). The size of a JP court varies as the size of the county, and the jurisdiction of same (as set forth in section 19) is, at minimum, "...criminal matters of misdemeanor cases punishable by fine only...civil matters where the amount in controversy is $200 or less... [and] such other jurisdiction as may be provided by law" (such as evictions and foreclosures). Justices of the Peace need not be practicing attorneys under Texas law, but must complete 80 hours of initial training on JP duties (within one ...
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