Explore Texas' unique bifurcated judicial system with two highest courts
Enter your name to begin your Texas judicial journey:
Learn how court decisions shape Texas law through a real case study.
Discover the types and sources of law in Texas.
Explore Texas' hierarchical court structure and types of jurisdiction.
Learn about Municipal, JP, County, and District Courts.
Understand the Courts of Appeals, Supreme Court, and Court of Criminal Appeals.
Follow a civil case from complaint to appeal.
Learn the steps from arrest to post-trial.
Explore how Texas selects its judges and the debate over partisan elections.
Master the essential vocabulary of the Texas judicial system.
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.
+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.
+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.
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 |
+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.
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.
+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.
+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).
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.
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.
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.
+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.
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.
+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.
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).
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.
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.
+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).
+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.
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.
+30 points! 🎉 Civil process revealed!
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.
+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.
+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."
+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.
Each state has its own process for selecting its judges. Methods of judicial selection vary substantially across the United States.
+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.
"[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.
"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.
+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.
Master these essential terms to understand the Texas court system.
+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.
Chapter 6: The Texas Court System
| 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.