Pretrial Procedure

Pretrial Procedure

Pretrial Procedure

Deals with all matter relating to the beginning of a civil lawsuit and ending before trial.

Example card:

Front of Card:

Texas trial courts governing civil cases are classified by the subject matter they can hear and by amount in controversy. There are Constitutional Courts and Legislative Courts:
Constitutional Courts include: Justice of the Peace Courts, County Courts, and District Courts
Legislative Courts include: County Courts at Law, and Family District Courts

1. What is the jurisdiction of a Justice of the Peace Court in reference to:
1. a. Amount in Controversy
1. b. Subject Matter
1. c. Shared Jurisdiction

2. Are Justices of the Peace required to be lawyers?

Back of Card:

1. a. Amount in Controversy: 1 cent to $10,000 and exclusive jurisdiction over anything under $200.
1. b. Subject Matter:
They can hear: forcible entry and detainer, possession of land disputes (but not title).
They cannot hear: land title, enforcement of liens on land, defamation, escheats, divorce, forfeitures, can’t issue writs of mandamus.
1. c. Shared Jurisdiction: District Courts and Justice Courts may share jurisdiction when possession (but not title) to land is in controversy, when title is only incidental the Justice Court may hear it, if it is outcome determinative, the Justice Court may not hear it.

2. No. In Texas, Justice Court judges do not have to be lawyers.

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