9.1: Types of Law and Jurisdiction

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Types of Law: Sources and Jurisdiction

Sources of law in Texas include constitutional law, statutory law, common law, administrative regulations, and local codes and ordinances. Constitutional law is the body of law which defines the role, powers, and structure of different entities within a country or state, including the executive, legislature, and the judiciary branches. It also defines and describes the basic rights of citizens and the relationship between the central government and state, provincial, or territorial governments. In Texas, constitutional law includes both the national and the Texas Constitution.

Statutory law consists of the laws passed by some legislative body. Statutes are often codified, meaning that the statues are compiled into a formal, written code that informs the public of acceptable and unacceptable and unacceptable behavior. Statutory law includes both the laws passed by the U.S. Congress and by the Texas legislature.

Common law, sometimes called case law or court precedent, is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.¹¹

Administrative law is the body of law that governs the regulates the activities and procedures of government agencies. It is usually created within the numerous agencies, panels, boards and commissions that run the daily operation of the government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Texas administratively operates under national regulations like the Federal Register, the Code of Federal Regulations, the United States Code, and the Texas Administrative Code (TAC). The TAC, a compilation of all state agency rules in Texas, is comprised of seventeen titles, and of which represents a subject category and the agencies related to that category.¹²

There are two basic types of law in any legal system: civil and criminal. Civil law results from a disagreement or dispute between two or more individuals or organizations Civil suits often involve disagreements about money or property, but also include divorce, child custody, contracts, protective orders, and evictions. Criminal law involves misdemeanors and felonies. Misdemeanors are considered minor crimes, and felonies are defined as major, more serious, crimes. Table 9.1 differentiates the two.

	CIVIL	CRIMINAL
Definition	Usually involves a private dispute between persons or organizations	Involves an action by an accused that is considered to be harmful to society as a while (offenses against the State that violate a specific provision of the law
Parties	Individual or business entities	Government (State of Texas, counties, or municipalities)
Attorneys	Must be privately employed	Constitutionally guaranteed if the accused cannot afford counsel
Claims	Product liability, battery and assault, breach of contract, public and private nuisances, negligence, and false imprisonment	Commitment of a misdemeanor or felony
Burden of proof	Defendant must be held responsible by a preponderance of the evidence	Defendant must be found guilty beyond a reasonable doubt
Juries	Must be requested	Constitutionally guaranteed
Jury verdict	10 of 12 must find in favor	Must be unanimous
Result	Judgment	Conviction or acquittal
Relief granted	Usually money damages	Fine, incarceration (or both), or the death penalty

State courts, which address both civil and criminal matters, are the core of the U.S. judicial system, and they are responsible for a huge area of law. Texas is no exception.

Every court system in Texas has been given some amount of jurisdiction—power or authority to hear a particular type of case. There are three broad types of those jurisdictions:

Original Jurisdiction refers to the power or authority of a court to hear a case for the first time. For example, Municipal courts typically have original jurisdiction over traffic offenses the occur within city limits.
Appellate Jurisdiction refers to the power or authority court to review a case that has already been heard and decided upon by a lower court. For example, a court of appeals has appellate jurisdiction over the decisions rendered by district courts.
Exclusive Jurisdiction refers to the power or authority of a court to consider a case to the exclusion of all other courts. For example, only the Texas Court of Criminal Appeals can hear appeals of death penalty sentences.

Whether a court has original, appellate, or exclusive jurisdiction is determined by the provisions in the Texas Constitution and any amendments passed by the Texas legislature.¹³

11. Tex. Admin. Code (2019), https://texreg.sos.state.tx.us/publi...ac$ext.viewtac.

12. Tex. Const. art. V.; Paul Womack, “Judiciary,” Texas State Historical Society Handbook of Texas, https://www.tshaonline.org/handbook/entries/judiciary.

13. Tex. Const., art. V, § 10.