Chapter 9.2: Types of Law and Jurisdiction
Overview
Types of Law and Jurisdiction
Learning Objectives
By the end of this section, students will be able to:
- Discuss the different types of law
- Discuss the different types of jurisdiction
By the end of this section, you will be able to:
- Discuss the different types of law
- Discuss the different types of jurisdiction
Types of Law
Types of Law
There are two basic types of law in any legal system- Civil and Criminal. Below is a table differentiating the two:
Types Of Jurisdiction
Types Of Jurisdiction
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.
CC LICENSED CONTENT, ORIGINAL
- Jurisdiction, Types of Law, and the Selection of Judges. Authored by: Daniel M. Regalado. License: CC BY: Attribution
Reading Review Questions
Use the internet to define “penal”. Explain the difference between CIVIL law and CRIMINAL law.
Use the internet to define “preponderance of evidence”. Explain it in your own words. How is this different from “beyond a reasonable doubt”?
Give an example of a criminal act and a civil issue. DO NOT USE THE EXAMPLE IN THE TEXT.
Use the internet to define “jurisdiction” Use these responses in the blanks below.
(A) ORIGINAL (B) APPELLATE (C) EXCLUSIVE
If a case can only be heard by a specific court it falls under the ___ jurisdiction of that court. If that same court has the power to hear a case first, before it may be passed to another, it falls under their ___ jurisdiction. Finally, courts that hear cases that are passed to them from a lower court have ___ jurisdiction over cases.