13 Jurisdiction, Types of Law, and the Selection of Judges
Learning Objectives
By the end of this section, you will be able to:
- Discuss the different types of jurisdiction
- Discuss the different types of law
- Describe the selection process, and qualifications, for Texas Judges
Types of Jurisdictions
Every court system has jurisdiction over certain cases, from enforcing traffic laws to hearing capital murder charges. There are three types of jurisdictions:
- Original Jurisdiction– the court that gets to hear the case first. For example Municipal courts typically have original jurisdiction over traffic offenses the occur within city limits.
- Appellate Jurisdiction– the power for a higher court to review a lower courts decision. For example, the Texas Court of Appeals has appellate jurisdiction over the District Courts (See the hierarchy of Texas Court Structure in this Unit).
- Exclusive Jurisdiction– only that court can hear a specific case. For example only the Texas Court of Criminal Appeals Court can hear appeals for death penalty sentences.
Types of Law
There are two basic types of law in any legal system- Civil and Criminal. Below is a table differentiating the two:
There are two types of crime: misdemeanors and felonies. Misdemeanors are considered minor crimes, and felonies are defined as major crimes.[1]
| Offense | Punishment | Court |
| Capital Murder (Capital Felony)– Examples: Murder of a law enforcement official, prison guard, or firefighter on duty; commits murder with other types of felonies; murder for hire; mass murder; murder of someone under the age of 10 | Life or Death Penalty | District Court |
| First degree felony– Examples: Murder; theft of property worth over $200,000 | 5-99 years in prison, maximum fine of $10,000 | District Court |
| Second degree felony– Examples: Manslaughter; theft of property worth between $100,000-200,000 | 2-20 years in prison, maximum fine of $10,000 | District Court |
| Third degree felony– Examples: Impersonating someone online; theft of property worth $20,000-100,000 | 2-10 years in prison, maximum fine of $10,000 | District Court |
| State jail felony– Examples: Possession of 4 ounces to 1lb of marijuana; theft of property worth $15,000-20,000 | 180 days-2 years on prison, maximum fine of $10,000 | District Court |
| Class A Misdemeanor– Examples: Resisting arrests; theft of property worth $500-1,500 | 1 year in prison, maximum fine of $4,000 | County Court |
| Class B Misdemeanor– Examples: Terroristic threat; theft of property worth $20-500 | 180 days in prison, maximum fine of $2,000 | County Court |
| Class C Misdemeanor– Examples: Sexting with someone 17 or younger; theft of property worth less than $20 | Maximum fine $500 | Justice of the Peace or Municipal Courts |
Selection of Judges
There are two basic methods used to select judges: 1. election 2. merit plan. Sometimes the merit plan is referred to as the Missouri Plan, and consists of an individual selected to become a judge based on their qualifications and/or experience. Texas elects their judges (except at some of the municipal levels), and the table below depicts the specifics for each level of court.[2]
