Chapter 5 and 6

competing interest, where there is a plaintiff and defendant. Plaintiff is the "interest" that has a standing to sue

Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him an entering of plea. This hearing may be combined with right to counsel hearing.

The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.

A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the debt, conditioned, that the payment of the penalty may be avoided by the performance of certain acts by one or more of the parties

A type of arrest document issued by the court charging the offender with a violation of a court order or court process of contempt of court

All parties that are affected the same. Must have a “serious interest” in case. Can lead to Punitive damages, if court finds in favor of plaintiff and can prove that defendant was negligent

Form of Plea deal. Final judgment is delayed/ deferred for later time

new trial by different tribunal (court and jury)

The party the suit is aimed at. The party initiating the suit Example: Texas v. Jones (Texas is the plaintiff/ has the standing to sue. Jones is the defendant) Smith v. Jones (Smith is the plaintiff/ has the standing to sue. Jones is the defendant)

A motion to dismiss a case because the claim is legally insufficient

the state must act in the place of the parent to protect the interests of the child

No Contest, Mercy of the Court

the state has an inherent power to protect persons legally incapable of protecting themselves

The rule of precedent; an appeals court refuses to hear an appeal due to ruling on a similar issue before

In common law jurisdictions, where there is a civil wrong. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm.

(Vwaar Deer: To speak Truth): Attorneys speaking to prospective jurors to identify who cannot be fair and impartial

(Venire Facias): Prospective Jurors drawn by random selection. Jury Duty

A person who has a legal and ethical duty to act in the best interests of another person. Examples include an executor or a guardian

A process by which a record, or a portion thereof, is officially erased or removed after the defendant is not convicted

Beginning at UTSA; Requires the Title IX coordinator at each prospective transfer-athlete's previous colleges to sign a form stating if the athlete was involved in any investigations for offenses such has sexual assault and domestic violence. This was a watershed moment for UTSA. First university in the country!

State Senate unanimously passes making it the first child sexual abuse prevention law in the US. Mandating K-12 Sexual abuse training for students, school staff and caregivers

Senators Cruz and HOR Salman passed into law the Mandatory Minimums for Illegal Reentry Act of 2015, also known as Kate's Law. Unfortunately the HOR did not pass over the objection of Sanctuary city status that did pass

The bill classifies cyberbullying as a misdemeanor, allows courts to issue subpoenas to unmask people who anonymously harass minors online and requires public schools to report and intervene in any suspected cyberbullying cases. It also allows victims to sue cyberbullies’ parents if the parents could have intervened but didn't

"We Close At Five"- got reprimanded, appealed it then got re-elected 3 more times

an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion

Formulation and evaluation- through their interpretation of the law

Article 5

preponderance of evidence

bench trial- trial by judge (no jury)

Beyond reasonable doubt

jury of citizens used as a screening mechanism to determine if case is worth the court hearing

determine innocence or guilt

State Commission on Judicial Conduct

localized, citizen participation, concerned with the facts of the case

Centralized, limited citizen participation and are concerned with points of law and procedure

Governor appoints judges from a list of acceptable ppl written by a judicial board. Retention election is to vote to keep or remove judge

Court of original jurisdiction, 1st to hear a case

felonies and higher level civil cases

relieves constitutional county court congestion

minimum of one per county, can provide coroner functions

Frontier justice, tough on crime

county sheriffs office, each county is required to elect county sheriff

Janitor who was wrongfully convicted of murder and exonerated. Wrong place, wrong color

Wrongfully accused of killing his wife, exonerated after 25 years in prison

provides financial compensation for being wrongfully convicted. $80,000 per year incarcerated, $100,000 per year on death row

outside agency needs to investigate prison suicide

a. A lawsuit that effects a large group of people (“Ads that say, have you’ve been affected by this?”, water quality, gas leak)

prosecutor must include any exculpatory evidence