Author Question: What is jurisdiction? Explain in terms of original and appellate jurisdiction, civil and criminal ... (Read 101 times)

kodithompson · **on:** Jul 8, 2018

What is jurisdiction? Explain in terms of original and appellate jurisdiction, civil and criminal cases, and geographic jurisdiction. Is jurisdiction in the Texas judiciary simple and straight forward?

What will be an ideal response?

Question 2

Minorities historically have been under represented on Texas's state courts. What factors account for this? How did LULAC and other minority groups try to address the situation through litigation? Were they successful?

What will be an ideal response?

vseab · **Reply #1 on:** Jul 8, 2018

Answer to Question 1

Answer: An ideal response will:
1. Define and explain original and appellate jurisdiction.
2. Explain the distinction between the Penal Code and civil law.
3. Explain that many courts have jurisdiction within specific geographic areas, such as a city or county or region of the state.
4. Explain that while jurisdiction at the upper levels of the court system is well defined, lower courts have some overlapping functions and jurisdiction, particularly between constitutional county courts and justice of the peace and district courts.

Answer to Question 2

Answer: An ideal response will:
1. Identify the system of judicial elections as the main obstacle to minority representation.
2. Explain that elections are conducted statewide or countywide, that there is a shortage of minority candidates because there is a shortage of minority attorneys, that elections are costly, and that voting can be polarized along ethnic lines.
3. Explain that LULAC argued that countywide elections violated the Voting Rights Act by diluting minority voting strength and asked that the state be required to elect judges from geographic districts within urban counties.
4. Explain that the courts, ultimately the U.S. Supreme Court, upheld Texas's system, so the challenge by the minorities was unsuccessful.