Justice of the Peace
The justice of the peace is the
legal jurisdiction closest to the average citizen.
Section 19 of Article 5 of the Texas
Constitution provides that: justice of the peace courts
have original jurisdiction in criminal matters of misdemeanor
cases punishable by fine only and such other jurisdiction
as may be provided by law. Original jurisdiction is
the authority to accept a case at its inception, try
it and pass judgment based upon the laws and facts.
This is distinguished from appellate jurisdiction which
is jurisdiction to review a court's action. The justice
of the peace performs the functions of a magistrate
and conducts inquests.
A justice of the peace may issue
warrants for search and arrest, conduct preliminary
hearings, administers oaths, perform marriages and serve
as a coroner in counties where there is no provision
for a medical examiner. The justice court also functions
as a small claims court in civil matters in which exclusive
jurisdiction is not in district or county court and
the amount in controversy does not exceed $10,000. They
can also deal with matters concerning foreclosure of
mortgages and enforcement of liens on personal property.
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