texas law review

1. State of Texas: Comparing gun laws in Texas with other states
2. Proper Name Texas Law Review
3. How Texas LawShield Protected Me from my Neighbor
4. The Texas Two-Step: How a Fortune 50 Company Used Texas Law to Shield Itself from Product Liability
5. Why the Texas Election Suit Was Doomed (And Why They Filed It Anyway)
6. Texas Judiciary
7. Virtual law review – Texas v. Biden

State of Texas: Comparing gun laws in Texas with other states

[Music],our childrens lives are on the line,responsible gun owners,are fed up we keep on fighting until,something is done take away the rights,of the american people who follow the,law we need to ban assault how many,children need to die the criminals do,not follow the law enough,after columbine sandy hook parkland,santa fe uvalde the conversation among,lawmakers and at our dinner tables often,turns to gun laws and whether they need,to change we wanted to take a close look,at some texas laws and see how they,compare to other states using cdc data,we looked at the states with the highest,rates of gun deaths per capita thats,murders suicides anytime someone dies by,a firearm those are mississippi,louisiana wyoming missouri and alabama,then we also considered california,illinois florida and of course texas,which have slightly lower rates relative,to their larger populations we also,looked at states with the lowest rates,of gun deaths hawaii massachusetts new,jersey rhode island and new york four of,these plus illinois all require,background checks for private sales,in addition to the federally required,background checks for sales at licensed,vendors and gun stores it does change a,little bit from state to state but this,is the general federal forum those,background checks are not required for,gifts or private sales in the other,states we evaluated in many states the,rule is 18 for rifles 21 for handguns,which is in line with federal law but,several of the states with higher rates,allow people 18 and older to buy both,handguns and rifles through dealers,without a federal firearms license new,york recently joined hawaii illinois and,california in requiring people to be at,least 21 to purchase either kind of,firearm,in 2018 in the wake of a deadly school,shooting in parkland lawmakers in,florida also raised the age to buy,rifles to 21 and passed whats commonly,referred to as a red flag law giving,judges the power to bar potentially,dangerous people from owning or buying a,gun,in the same year after the santa fe,texas high school shooting our lawmakers,held school safety roundtables and some,gun safety legislation was on the table,were still here because the crisis is,still here mom turned advocate nicole,golden says her group texas gun sense,watched as school safety legislation,passed without any gun regulations,included that was,of course discouraging we have a ton of,laws on the books meanwhile texas second,amendment rights attorney richard hayes,says his years working as a felony,prosecutor showed him the focus should,be on enforcing current laws i think,some of these could have prevented it he,points out an existing part of the texas,health and safety code that he says,functions like a red flag law and should,be used more often under chapter 573 is,we say hey look this actor is a,dangerous person and we are going to,temporarily seize them and including we,get to take their firearms and i think,thats so much better to focus on the,dangerous person as opposed to just a,firearm by itself golden says she knows,they cant prevent every instance of gun,violence but believes in adding,different layers of protection i dont,think that um the public is going to,accept just the status quo anymore,especially after what happened in new,baldy,we also evaluated mass public shootings,in each of these states using a survey,from the national institute of justice,but we didnt find a clear correlation,between those incidents and any specific,legislation for instance some states,with more gun regulations still saw,higher rates of mass public shootings,you can explore this study its findings,and other state laws online now or pause,and scan this code to head straight,there that was investigator avery travis,reporting beyond state policies,lawmakers in washington came together,last month to pass a bipartisan bill to,address gun violence president biden,signed the legislation making it the,first major federal gun safety bill to,become law since 1994. the bill would,enhance background checks for gun buyers,between 18 and 21 years old it also,provides funding for states to enact red,flag laws that allow firearms to be,temporarily confiscated from people,deemed dangerous the funding can also be,used for other crisis intervention,programs like mental health courts and,it closes the so-called boyfriend,loophole expanding federal law that,prohibits domestic abusers from buying,guns to include dating partners,thats how things are while theyre,traumatizing kids its like well come,out and look look at it and once you,look at it youre gonna understand that,your kid needs this how a new type of,training tailored for all grade levels,aims to put power in students hands,could it work in texas,[Music]

Proper Name Texas Law Review

this is hindsight radio i represented,the information station,changing the nation,peace everybody this is ikea l from the,truth,tuesday show thats played on hindsight,radio the information station changing,the nation,um i hope everybodys doing well,everybodys,uh receiving extreme wealth extreme,prosperity between,extreme good health and extreme peace in,their life,um thats for me im doing great,um today,yall could see this texas law remo law,review manual usage in style 14th,edition i actually purchased this off of,amazon,it wasnt that expensive uh,im gonna break it down how they uh,even violate their own rules when they,come to,uh putting your name in um,all caps it doesnt even follow,their rules of style so,before i say what i was about to say im,i just let me just go over this and ill,break it down because,you really gotta look at this thing,accurately you gotta um,understand what is going on are you,really in court are you really in a case,although it feels real,it looks real and it does have some,consequences,that are real but,the reason why it has these consequences,that are real because you accept it is,real you go in and you,give yourself over to the jurisdiction,of,the court by saying the wrong thing,and moving in the wrong way but once you,pick a position or get the right,position in that,courtroom you can um they cant move,until they get you and if you hold your,position,you will become victorious,now will a case get dismissed i cant,say that,i could only say what has happened in my,case give me a second i had to get some,of this water,by the way this water is infused with uh,mint and uh,basil this is distilled water i make my,own water,well i just steal my own water,from the tap because you know if you,have a distiller you know that once you,open that up after the steel oh man,youd be surprised what you see in there,um,so back to what this whole,styling your name properly you gotta,grasp it you got,and heres the other thing you gotta let,go all of that other,this did the uh legal theories,and things like that you gotta let that,go,because let me make sure this is the,right,uh one two because i had to,i wanted to do this with my blacks yeah,this is it uh my blacks law dictionary,third edition um,you gotta understand or overstand what,youre,doing in these courtrooms you know you,guys are playing around listening you,know,going to different sites and um,and um,and taking information piecemealing,information from one place to the other,and its not to say that i dont study,other sites but,i do read other sites but what i do is i,go,read the cases that there are they are,interpreting,on those sites i take those cases,i go read it for myself and i get the,interpretation,i dont just read their interpretation,and run with it,why because they might have a bad,interpretation,or they might be missing something,you know thats the,problem with um when you,go to these different sites and you take,their word as law,or as its the right thing to do then,you enact some of these things or you go,and try to use some of these techniques,and it dont work,see you have to pay attention to every,little detail,you see what im saying all right so,lets lets go to this is,i just took snippets from the book that,was important and,by the way these certain pages that im,showing you out of this book i use this,to actually help a brother,shut down his case you know they were,coming after him for,rarities uh huge amounts of money on,that then they wanted to garnish his is,his uh unemployment,they want to do a lot of things to him,now he was already in default,you know they sent this this uh petition,out,for him to show calls like uh you know,back in february before covert did and,covert hit and that slowed everything,down which have kind of helped him,he reached out to me around i think,junish,and we started off ill say okay let me,look at your paperwork let me see whats,going on,and as a disclosure let me give my,disclosure this is a ministry,spiritual ministry religious ministry,and i do spiritual consultations so if,you want a consultation at email.com,oh inflict the consultation this is not,legal advice if you want legal advice,go and get you a lawyer they got plenty,of them in the in the on you just do a,search for your area you can find them,thats what you want to do,but this is spiritual coaching,everything i do is based off spiritual,and biblical principles whatever book,that might be,most the book that i mostly use is the,bible which is the king james version of,the bible,or whatever version i find appropriate,but thats mostly what i use but you,know i could use any other,any persons body i could use the koran,the koran or the torah whatever yall,want,i can i could customize anything for you,but i use that because when i go in the,courtroom,or you when i when you go in the,courtroom you want to,assert who you are you are different,from everyone else,i know some of yall guys like you im,man im im person i,need you well you dont want to use that,word person in a courtroom,but once you establish yourself,as a man under your religious beliefs,that,moves you into a different jurisdiction,that they cannot,put their finger on or talk about they,cant even mention it,and as a matter of fact that brother is,gonna be gracious enough to be on my,show tonight at 7 pm eastern time,blocked off radio dot com 4 slides,hindsight 20 20,20 hindsight 20 20.,um and hes going to talk about his,success i didnt do a form he did it for,himself now i,coached him through it and helped him,see some things,but he he did the work i can only show,you all the path,put a light on it and show yall what,the path looks like i cant do anything,else with it other than show you all,right here it is,chapter three capitalization proper,nouns and common name,nouns right it says,3.01 general rule 8 capitalize,all proper nouns so a proper nouns,include the names of specific persons,places and things such as one,organizations two,national and ethnic groups except,racial groups defined by color,three religious groups four languages,and,five artistic or academic words,do not capitalize common nouns i.e nouns,that,are not proper nouns consult a,dictionary,when in doubt about what whether a noun,is a proper noun example the guadalupe,river,a river,the university of wisconsin any,university so they give you an example,of the proper noun and then its a,common noun,right african-american,pole hispanic black white see,you dont capitalize thing that denotes,a color,right of a racial group as they would,define it,example buddhist mormon jewish catholic,muslim,presbyterian english spanish,esperanto cantonese,the duke law journal a journal so if you,say,the duke law journal you notice that,its upper lower duke,law and journal up and lower and then if,youre just saying a journal itll be,all local lowercase because its not,identifying,a proper now its not doing it just,saying agenda thats generalized right,its a common now so next monday next,summer,see so monday is,up its got the letter m capitalized now,very interesting pay close attention b,trade and brand names,follow a trade or brand names irregular,capitalization,style so what theyre saying if you know,people,create trade names and they style it in,a certain way you just follow that right,thats the way they are styling it,except do not set the name in all,lowercase or in all capitals,unless in the case of all capitals,the name isnt acronym or initialism,so its telling you you know people were,saying no,dude i mean i did this before i came,barbara i came doing business as the all,caps i keem barber which was the trade,name right,i did all of that and i can tell you it,did absolutely nothing for me,well it did help slow things down but it,did it didnt,its not doing what its doing now let,me not say it didnt do,anything it just slowed things down,reason why i slowed things down its,just like i,i can only help you by you know in the,matrix the things that they were doin

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How Texas LawShield Protected Me from my Neighbor

he didnt act that way he was he never,flinched he went for his pockets and,when he went for his pockets I thought,my heart was gonna stop I mean I was,just hi my name is Jerry the incident,were gonna talk about took place in,early March of 2017 start back about,three years ago we had a fella in the,neighborhood that nobody really knew we,we we werent familiar with him and he,was pretty regular about speeding up and,down the street and it escalated into,more speeding threats,he jumped some rocks up into the up in,the yard broke my windshield in my truck,it is slated from that into death,threats and he was constantly chirping,about how he was gonna end it and he was,gonna kill so-and-so hes gonna kill me,and it was all chirping the day of the,confrontation I was leaving the,neighborhood and headin to a meeting,downtown Fort Worth as a beautiful day,had my windows down as in my suburban as,I was heading out just just about to,leave my neighborhood this guy comes,into the neighborhood sees me coming out,pulls into my lane causes me to stop and,then he kind of cut at an angle in front,of me and jumped out of his truck and,ran at the side of my suburban saying in,todays the day youre gonna die hes,gonna end it he comes over and hes,slamming his hands up against the side,of my vehicle in my truck,but hes screaming at me telling me hes,gonna kill me hes gonna end it this is,the day Im gonna die reaches him to try,and open up my door I grabbed my weapon,I put my weapon right at his chest at,the window and told him to get back to,him get the hell back and he never did,he never moved he never changed anything,he went for his pockets shuffling into,his pockets and he pulls out his cell,phone,I drove off and round and called 911,before I got to the end of my street,yeah Ive carried a weapon for Britt,near 20 years and Ive never had to pull,my weapon out no I can tell you that,when you do that its its a its the,emotions are incredible here you feel,the flush come through your body because,you just pulled a weapon on somebody,youre pointing a gun at somebody and,they dont move,and that thats a whole nother I mean,they didnt say whoa Im stop like,anybody that youd think would do that,but he didnt act that way he was he,never flinched he went for his pockets,and when he went for his pockets I,thought my heart was gonna stop Im you,know its just I was actually told that,if he would have pulled out a gun he,just shot me before I could have,actually pulled the trigger and that,thats pretty thats pretty awakening,and I contacted Texas law shield and,spoke with him and got a statement that,I wrote and I turned it in the following,day and it was subsequent to that that,that I was told that I was gonna be,arrested for deadly conduct and Texas,law shield stepped up to the plate and,they they got in my corner and handled,it from there the factually of the case,was unique because Jerry never got out,of his vehicle but was still forced to,pull his weapon and,and himself and you dont see that often,usually a self defense case both people,are outside the vehicle they ended up,arresting me Texas law shield got me out,in a matter of a very few hours they,called me on a regular basis and stayed,in touch with me and kept me up to speed,on what the progress was but the delays,took about a year and a half before we,got to trial being this other person was,the aggressor he and Jared never getting,out of his vehicle we explained and,taught the potential jurors about the,castle doctrine in the beginning of,trial argued it during trial and then,they were instructed on the castle,doctrine at the end of the trial and,thats actually what they used and,applied when they found him not guilty,everything was in line we just told our,story and our story come out on top took,the jury about 18 minutes come back with,a not guilty verdict and,it was a great feeling hi we knew we,were not guilty but he still had to hear,it to get it confirmed and to be told,and and for the judge to come say youre,youre completely a free free man youre,gonna be restored that that means a lot,that means a lot if youre gonna carry a,weapon and get a CHL and be out there,you need to have us Texas law shield in,your back pocket because if you go,through this and you were to do it on,your own it it really bankrupt you I,mean theres theres a lot of time and,money that that youd have to pull out,of your pocket that that these guys take,care of and do for you I mean the,support thats there when you have Texas,law shield in your back pocket that that,comfort alone is you know Ill never be,without it,[Music],you

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The Texas Two-Step: How a Fortune 50 Company Used Texas Law to Shield Itself from Product Liability

over the past six years Johnson and,Johnson the 420 billion dollar American,pharmaceutical company well known for,its talc based baby powder has faced,nearly 40 000 lawsuits on grounds that,its talc products cause cancer after,several high-figure judgments against,the company including a 2.5 billion,dollar verdict in 2018. J and J took a,controversial step in October 2021,undergoing major corporate restructuring,and bankruptcy,under its original corporate structure,one J and J subsidiary Johnson and,Johnson consumer Inc which well call,old jjci was responsible for all talc,based baby powder claims against J and J,on October 12 2021 in a series of,complex Maneuvers old jjci dissolved,itself leaving two surviving corporate,entities a Texas LLC called Johnson and,Johnson consumer Inc which well call,new jjci and a North Carolina LLC called,LTL Management LLC,LTL assumed responsibility for old,jjcis liabilities related to the baby,powder lawsuits as part of a funding,agreement new jjci and the parent,company would fund a trust to pay costs,and expenses incurred by LTL if ltls,assets were insufficient to pay,LTL filed for chapter 11 bankruptcy in,the North Carolina Bankruptcy Court two,days later on October 14 2021.,an individual or a corporation facing,financial distress can file under,chapter 11 of the bankruptcy code unlike,chapter 7 bankruptcies a chapter 11,merely reorganizes its assets and debts,rather than liquidating the company,the debtor files a reorganization plan,identifying debts and classes of,creditors provides a determination for,which debts will and will not be paid in,full and proposes methods for how the,debts will be paid the plan can be,negotiated by the parties and creditors,adversely affected by the plan can vote,against it,ultimately if the reorganization plan is,confirmed by the bankruptcy court either,on the basis of creditor approval or a,court finding that the plan is fair the,plan becomes binding,the purpose of chapter 11 is to further,a good faith and realistic,reorganizational attempt,a court May dismiss a chapter 11 filing,if it determines the filing was not in,good faith a good faith inquiry includes,determining whether the petitioner,sought to achieve objectives outside the,legitimate scope of the bankruptcy laws,when filing for protection under chapter,11 including whether the petition was,filed to obtain a tactical litigation,advantage,as a consequence of ltls chapter 11,filing the tens of thousands of,talc-based baby powder claims against,jnj are on hold as the bankruptcy,process proceeds in the North Carolina,Bankruptcy Court New jjci continues to,operate jnjs Health business free from,the management responsibilities and the,cost of baby powder litigations,jnjs corporate restructuring maneuver,was made possible by Texas law which,allows Texas corporations to split into,multiple corporate entities and divide,the corporate asset and liabilities,between the pieces this law enables what,has become known as the Texas two-step a,means by which corporations can avoid,liability by strategic use of bankruptcy,laws,the Texas two-step works by converting,an existing company into a Texas,Corporation and then engaging in a,divisive merger this allows the,corporation to split into multiple,corporate entities and allocate the,assets and liabilities of the original,Corporation between the newly created,entities a corporation looking to limit,its liability can allocate corporate,liabilities to one of the newly created,corporations the so-called bad Co while,dedicating the greater part of corporate,assets to the other new entity the,goodco,the Texas two-step is completed by the,bad co-filing for chapter 11 bankruptcy,this puts on hold the pending lawsuits,filed against the original Corporation,inherited by the now bankrupt bad Co,while the other surviving Corporation,goodco operates the business with its,assets shielded from recovery funding,agreements in which goodco agrees to,fund bad Co are the means by which,creditor claims are supposed to be,satisfied indeed the Texas law requires,that a divisive merger not abridge the,rights of creditors,in the J and J case the funding,agreement would theoretically bind jnj,and new jjci to fund LTL up to 61,billion dollars to satisfy baby powder,related liabilities however critics,contend that replacing litigation with a,funding agreement allows the corporation,to place an artificial cap on the total,amount it will have to pay out rather,than having judgment amounts determined,through the usual system of civil,lawsuits,furthermore as this agreement is between,a parent Corporation and its subsidiary,the only party that can enforce the,funding agreement is the subsidiary,which was specifically set up to limit,liability,in December 2021 the official Committee,of talc claimants which was appointed by,an arm of the Department of Justice to,represent claimants against jnj filed a,motion in the bankruptcy court of New,Jersey to dismiss ltls chapter 11 case,TCC argued that LTL is a mere,instrumentality of jnj and that the,purpose of LTL and of the bankruptcy is,not to compensate creditors but to,protect jnj and its other valuable,non-debtter Affiliates and to shield jnj,from liability and to remove its,valuable operating assets from the reach,of a single group of creditors it goes,on to claim that LTL is a dummy entity,with facially inadequate capitalization,created only to purge jnjs and old,jjcis massive talc related tort,liability all to hinder And Delay,injured talc creditors,as such it asked the court to dismiss,the chapter 11 case on the grounds that,it had no valid bankruptcy purpose and,was not filed in good faith,J and J argued that the costs associated,with continuing litigation for decades,would be unsustainable and that,attorneys fees would diminish the funds,available to pay out judgments and,settlements to the claimants,chapter 11 filing was therefore,necessary to administer the claims and,payouts in an efficient and Equitable,manner,J J also pointed to the funding,agreement as evidence that the,bankruptcy filing was in good faith and,for a valid purpose,the Federal Bankruptcy Court in New,Jersey sided with jnj holding that the,filing of a chapter 11 case with the,expressed aim of addressing the present,and future liabilities associated with,ongoing Global personal injury claims to,preserve corporate value as,unquestionably a proper purpose under,the bankruptcy code the court also found,no evidence that J and J manufactured a,limited fund by undervaluing or limiting,assets,the bankruptcy Courts ruling was,appealed to the court of appeals for the,third circuit which heard oral arguments,from the parties in September 2022,the committee once again argued that the,bankruptcy has no valid purpose and,violated bankruptcy principles by,ensuring that shareholders continued to,receive dividends and Equity paid from,jnj while claimants from the baby powder,lawsuits await LTL bankruptcy,proceedings,LTL relied on the findings of the lower,court that bankruptcy is a more,efficient way to manage the claims in,question than civil litigation in which,money that could go to claimants goes to,attorneys instead the third circuit,appeal is being followed closely as its,ruling will likely have a major impact,on the legal strategies pursued by large,corporations facing Mass tort liability,the Department of Justice has expressed,concern that if J J is successful in,court other companies facing no,financial distress would have a new,Avenue to avoid liability through,strategic use of bankruptcy laws,some note that the Texas two-step can be,effective in shielding corporations from,liability simply by dragging out the,bankruptcy process pressuring claimants,who cannot afford to wait to settle,their claims even if a court eventually,holds the corporate restructuring to be,improper,jnj acknowledged that using the Texas,two-step can lead to the perception that,a large and profitable Corporation is,trying to evade liab

Why the Texas Election Suit Was Doomed (And Why They Filed It Anyway)

thanks to deep sentinel for keeping,legal eagles safe and sound,texas files an insane lawsuit that goes,straight to the supreme court that,doesnt seek a recount it doesnt seek,to add votes that were discarded,but it seeks to invalidate the entire,election for almost every swing state,our request is we want to be heard the,only place we can go is the u.s supreme,court,and so were pleading with the u.s,supreme court,hey its devin from the future again uh,so funny story about an hour after i,finished recording this video for the,first time,the supreme court issued a summary,dismissal of the texas lawsuit,so this lawsuit is now dead but theres,so much thats interesting about the,texas lawsuit that,even though we now know the actual,result which is that this case is dead,its still worth going over what was,trying to be accomplished in this,particular lawsuit so,stick around until the end of this video,where devin from the further future will,come back,and actually explain the courts,dismissal of this lawsuit a lot of,people are calling this a,seven to two dismissal its actually not,for reasons that i will explain,but lets actually dig into the analysis,of this particular lawsuit with devin,from the past and ill come back in the,future,to talk about the dismissal that,happened about an hour ago,yeah it all makes sense in a timely why,me jeremy bear me sort of way,hey legals its time to think like a,politician because,you dont need to think like a lawyer to,understand that the texas lawsuit is,nonsense and its a political stunt,rather than a legal strategy,texas filed a lawsuit in the supreme,court asking the court to overturn the,presidential results in georgia michigan,pennsylvania and wisconsin,the lawsuit seeks an injunction,preventing the electoral college from,voting on december 14th,the texas case was filed by its attorney,general ken paxton,who has some legal woes of his own that,well come back to later on,why yes that is a mugshot of the texas,attorney general,17 other states filed an amicus brief in,support of texas,this doesnt technically mean that,theyve joined the lawsuit think of it,as an aggrieved trump state just yelling,me too its a friend of the court brief,youre adding your authority and your,approval for the,lawsuit but it actually doesnt mean,that you have joined the lawsuit it will,have no impact on the outcome of this,particular lawsuit,now trump won the popular vote in texas,and the other 17 states that have joined,in this lawsuit,the four states they are attacking gave,the popular vote to joe biden more,specifically urban voters in those four,states selected biden at a much higher,rate than,now president trump and tellingly the,lawsuit doesnt ask the court to,overturn any of the other races on these,ballots many of which went for,republicans,its laser focused on stopping joe biden,from becoming president by,disenfranchising voters in urban areas,and their suburbs,22 states and washington dc have now,filed their own amicus briefs in,opposition to the texas suit,now before i delve into these claims,heres a quick reminder about how,american elections work because its,crazy system,but its our system and its important,to understand this lawsuit,the constitutions election clause,article 1 section 4 empowers states to,determine,the time places and manner of,congressional elections subject of,course to congresss authority to make,or alter state regulations,state and local governments have the,authority to pass election laws,including rules about voter registration,voter protection fraud prevention,vote counting and determination of,election results now america does not,have,national elections as we are very,cognizant of,the 50 states run their individual,elections as they see fit and as long as,those rules dont violate the,constitution,the states can do what they want and,generally republicans have been in favor,of this,patchwork approach because it allows,them the flexibility in,certain states generally the red ones to,put in generally more restrictive voting,laws often claiming its necessary to,prevent voter fraud,and conservatives once applauded this,design as an example of,federalism and states rights because it,gives states the right to run their own,affairs remember when,republicans used to care about states,rights the texas lawsuit wants the,supreme court to turn,against federalism and nationalize the,rules for voting effectively,you can argue that this would be a good,thing and that our system doesnt make,sense,i would probably agree with you but,changing it isnt something the supreme,court can,generally do especially after the,election has already occurred,and youd have to change the,constitution to require uniformity in,voting laws it would require a,constitutional amendment of course both,congress and state governments are,constrained by the constitution as it,currently,exists but with that out of the way,lets turn to the texas lawsuit and,start at the beginning and ask,does this case satisfy the threshold,requirements for supreme court,jurisdiction,now ill warn you ahead of time were,going to get into the incredibly,sexy topic of supreme court jurisdiction,so if there are any,young children watching this video,please ask them to leave the room or,avert their attention because its gonna,get a little out of hand,but that being said texas alleges that,the biden states made unconstitutional,decisions about how they decided to run,the 2020 election,but before we dig into the merits of,this claim texas has to prove that the,supreme court,can and should hear this particular case,because,its very difficult to get into the,supreme court and as weve often talked,about on this channel,almost any time someone says that,theyre going to take this all the way,to the supreme court its total nonsense,because,theres a long long way you have to go,before you can get a case,to the supreme court but texas has,skipped all of that and they went,straight to the supreme court and its,not as crazy as it first seems because,article 3 section 2 of the constitution,establishes the supreme courts,jurisdiction,the court has original jurisdiction over,lawsuits between two or more states,the court has appellate jurisdiction on,almost any other case that involves a,point of constitutional or federal law,but texas is invoking the courts,original jurisdiction which means that,this is a new case that can bypass all,of the other lower courts,but this doesnt mean that the court has,to hear the case,the state has to file a motion for leave,asking the court to hear the dispute and,thats what texas did,however texas went one step further by,applying for emergency injunctive relief,texas says that the court should,intervene quickly and stop the four,defendant states from relying on the,popular vote results and appointing,electors,in other words texas would like the,supreme court to tell those four states,they need to,cancel the biden votes and then they,just simply want the small favor that,the court will force the legislatures in,those four states to appoint electors,who will select trump,ignoring what the majority voters in,that state wanted and what state law,demands,you know no big deal now when the court,accepts,original jurisdiction cases with facts,disputes it usually appoints a special,master to gather evidence,and this process usually takes a long,time state disputes over water rights,for instance have lingered in the,supreme court for,20 years but president trump doesnt,have 20 years so,the paxton texas brief argues that the,supreme court should hurry up and decide,this with no additional briefing thats,why,texas argues that the issues in this,litigation are neither fact-bound nor,complex,but this does bring up another obvious,question if the issues are obvious and,non-complex why did texas wait until a,month after the election to file the,lawsuit,and why havent any of the other,lawsuits succeeded now the supreme,courts original jurisdiction,can get complex b

Texas Judiciary

this lecture is on the Texas judiciary,the learning objectives are to outline,the structure and functions of the Texas,Court to describe the function of each,of the trial courts to describe the,function of the appellate courts in,Texas to evaluate the quality of justice,in Texas identify problems associated,with different methods of judicial,Selection analyze changes in the courts,demographics and to evaluate proposals,for reforming the selection of the,judiciary what is the role of the court,first is to interpret the law interpret,Texas law from the Constitution for,minor minor criminal offenses these laws,must protect the interests of Texans as,citizens and must be fairly and,objectively applied initially our courts,were established by Mexico the Texas,Constitution and the legislature when,divided our court system and then,divided our court system into many,levels of courts for local access as,well as appeals court system now the,Texas judicial system has the greatest,number of courts in the nation,the court should be as fair and,impartial as possible when trying to,interpret the loss of Texas dispensing,justice post-reconstruction Texans had a,strong distrust of central government,and so created a court system with,several levels that made it easier to,appeal today Texas has more courts than,in any other state,the Texas court system is hierarchal,from the bottom up,this means cases start at the lowest,level and funnel up through courts as,appropriate this allows higher courts to,review our check for bad decisions or,incorrect rulings at lower level courts,jurisdictions in the tere is the,territory and types of cases over which,a court exercises the authority the,Texas Legislature sets the jurisdiction,for courts which determines what cases,they hear trial courts have original,jurisdiction in here cases first higher,courts have repeal it jurisdiction they,examine cases from lower courts and in,many instances choose the cases they,wish to hear most courts hear both,criminal and civil cases criminal can be,classified as misdemeanors such as using,a false ID to buy alcohol or a felony,which would be a more serious crime such,as armed robbery robbery or murder the,government charges a defendant in civil,cases I dispute this is a dispute,between little two litigants not all,courts here all types of criminal and,civil cases trial courts are divided,based on whether they hear misdemeanors,lower crimes or felonies serious crimes,in this graphic you see that Texas,actually has twenty seven hundred and,twelve lower courts the role of the,court continued were going to talk,about interpreting the law a felony is,the highest criminal offense under state,or federal law misdemeanors are minor,wrongdoings common law is those laws,which are established when judges apply,past decisions by courts or legal,precedents to the facts of a new case,before them these are normative,circumstances or established norms if a,law is vague or unclear or maybe even,unconstitutional the Texas Supreme Court,is the final decision-maker often their,rulings have real-world consequences,when groups or individuals feel that a,law passed by the legislature is,unconstitutional they can challenge it,in the court the court will make the,decision on whether to uphold it or not,if state interests clash with businesses,or citizen interest the court often,sorts out the competing claims courts,sort out claims of competing interests,for example the state versus a business,in the 1800s there was a dispute over,land rights between the state and cattle,ranchers and the state ultimately won,the battle in court advancing rule of,the people they were voted in so that,could be devoted out because Texas,judges are elected by the people they,can be replaced if the public does not,agree with their rulings for example in,the late 20th century many liberal,democratic judges were replaced by,conservative Republican judges that,better reflected the values of the,electorate,local courts are created by the Texas,Legislature and have most cases they,have original and exclusive jurisdiction,over violations of city ordinances and,Class C misdemeanors there are many,local courts Houston has 28 Justice,courts these courts handle civil cases,of $10,000 or less and crimes that are,punishable only by fines,combined these capes these courts handle,2.5 million cases although the vast,majority of them are uncontested these,courts generate revenue for the state,they have they actually collected 300,million dollars in 2017 constitutional,county courts these dont usually deal,with legal materials they oversee the,commissioners court has authority over,county government operations and has,vegetarian county courts at law these,here several matters between 200 and 200,thousand dollars they have appellate,jurisdiction and can hear appeals from,local trial courts probate courts,probate is a process to determine the,validity validity of ones will,probate courts are only in large,metropolitan areas otherwise people just,use their county or district court state,district courts these courts handle,serious crimes mostly drug offenses and,civil cases without limit 40 percent of,their cases are family related 31,percent are criminal in these cases the,defendant can decide whether they want,the judges to decide the cases,which is a bench trial or a jury trial,21 percent of the cases are civil and,the wrists are juvenile or other more,than half of all criminal cases result,in convictions but only about half of,all cases of any type actually go to,trial appellate court they do not hold,trials but review legal cases legal,issues of cases from lower courts so a,petitioner files for an appeal and then,they submit a written argument which is,called the brief the justice in the,courts might decide based on the brief,or they may want to hear oral arguments,where attorneys present their cases,in-person Outsiders or friends of the,court with an interest in any case may,want to have a say,judges issue an opinion document which,is typically the majority opinion often,there is disagreement on ideological or,legal matters if the appellate court,affirms the courts the lower courts,judgment the case ends if the lower,court judgment is reversed the higher,court can send the case back to the,lower court for additional action such,as a new trial intermediate appellate,courts there these are the lowest level,of Appeals courts these courts are,separated into 14 districts across the,state they review less than 10% of cases,but many of these cases are mandatory,reviews of criminal cases except in the,case of a death penalty case usually,three justices will decide the case by,majority vote,caseload an average judges caseload can,be a key indicator of justice the more,cases a judge has to handle the more,likely he or she is to make mistakes,there are 3,200 judges in Texas and they,dispose of over 8 million cases in 2016,courts are becoming more efficient in,dealing with their cases and there are,fewer cases being appealed to the,highest courts making for easier,caseloads in length of cases there is a,saying that justice delayed is justice,denied thankfully courts in Texas are,handling cases more quickly than they,have in the past,our judges underpaid judges in Texas are,paid more than they have been in the,past but Texas still lags behind many,states and judicial compensation because,judges can usually make more in the,private sector some of them leave,turnover of judges,despite the appeal of the private sector,most judges stay in their position for a,multitude of reasons stability and,experience enables judges to handle,cases more quickly and when judges do,leave the most commonly cited reasons,are the election process in the salary,it should be noted that wealthier,individuals and groups have easier,access to justice lower income Texans,have the opportunity for,government-sponsored legal aid but of,the 5.6 million Texans who qualified for,legal aid just one hun

Virtual law review – Texas v. Biden

hey everyone welcome to my stream uh so,today i will be talking about uh this,legal case which you might have heard of,i guess if you,are in burger land,and if youre not in burger land you,might not have heard of it uh hi scott,hi,so this ones kind of uh in the news but,of course if you read the news its,gonna be a little opinionated so im,just gonna,do some [ __ ] posting about,legal situations like whats actually,going on here from a legal perspective,rather than,a non-legal perspective so,uh well start with my powerpoint reps,youre a little quiet i think uh maybe,let me check my obs reps,is that better it should be should be,better okay,uh,to the powerpoint reps okay so,so basically were having this um this,lawsuit texas versus biden and the,background is whats whats even,happening what is this lawsuit about so,the controversy is started when the,federal government ended the mpp which,is,short for the migrant protection,protocols,the controversial component of the mpp,was that,the mpp,was a policy where certain migrants that,arrived and,wanted to apply for asylum were,were made to wait in mexico while their,while their claim for asylum is,evaluated so this is different from,the previous,handling where,migrants claiming asylum applying for,asylum were allowed to stay and work in,the united states,while their,claim for asylum was evaluated,so essentially the previous situation,was that any arrivals simply by claiming,uh simply by requesting asylum without,having their situation evaluated were,allowed to reside in the united states,for an indefinite period of time during,uh like while awaiting the evaluation of,their situation,so,the uh mpp was ended,earlier this year i believe and,were sued by the state of texas and,state of missouri and the allegation was,two main points first is uh the mpp was,ended without completing the,requirements satisfying the requirements,of the apa administrative procedure act,thats the first,allegation and the second one is that,the ending the mpp and the circumstance,in these circumstances uh caused the,federal government to violate the,immigration uh certain section of the,immigration nationality act,so uh specifically this allegation is,not that,not that the mpp is required to,um,to satisfy,the requirements of the immigration,nationality act but its that,under the certain circumstances by,ending the mpp uh without replacing it,with something else the federal,government has begun to violate the,immigration nationality act,so um just as a background like who are,the people here so like what does all,this stuff mean so this is some,background civics background if you,if you havent uh heard of it then,so basically what is the role of the,executive so the executive is basically,the so-called administration the,so-called government thats doing this,the um,its a little complicated but uh the,executive which is a certain part of the,government is tasked with enforcing and,carrying out the law is written by,congress congress being another part of,the government um,and the congress is given the uh may,give the executive the power to,um to make certain laws and regulations,which is known as rulemaking so,essentially,uh by right uh the congress can write a,law that delegates,delegates the ability to make more laws,to the executive the executive cannot,normally make laws but if,if there is a law that,says the executive can make laws then,um,then the executive can make laws and,then,so,in that sense,like once once the executive is allowed,to make regulations the regulations can,make things illegal or not illegal so,for example,you could say the food and drug act,gave the power to the executive to,to make regulations about food and drugs,and then subsequently,their regulations can,decide what is and isnt legal,and the federal government can now,unilate basically unilaterally except,for like within within the confines of,real making make new laws as many new,laws as they want however they want well,not however they want but they can make,new laws,and the voters dont need to be involved,in making these new laws,or like,everyone there making the new laws is,unaccountable essentially,uh but uh other than that basically,the executive is completely almost,completely subservient to congress so,whatever,whatever congress can think up and write,in a law and get passed then the,executive is supposedly has to do it and,if,if theres a violation of this,violations of uh,of the law if theres any belief if,anyone believes that congress is,violating the law then this can be,challenged in court,okay so um this is just some background,about the two things that uh that were,talking about,in the allegations so what is the apa uh,well the api is,it does a lot of things but one thing is,like,when the government wants to change the,rules or essentially write regulations,and write laws they need to do some,things such as notice and comment period,write an explanation and theres a delay,from,publishing the rules to when they take,effect,and theres a whole bunch of stuff in,the apa its just a huge huge mess,im not going to go into the details of,that,and then section 1225 is a section one,two two five of the immigration,nationality act it basically has a a,whole bunch of stuff,written in law by congress about uh how,uh how uh,asylum seekers should be treated,and so essentially these are laws,written by congress so these laws can,cannot be changed by the executive the,executive is beholden to,exactly these laws as written but like,if it doesnt violate these laws the,executive can potentially write,regulations and write more laws,relating to this area,where are we now so essentially uh i put,this in the previous presentation but,this is the first this is the initial,trial so initial like it goes through,restraining order injunction dismissal,summary judgment uh well all these steps,so the original trial the trial already,finished so,it was fast this thing all happened in,only a few months normally trials take,years but the reason why this didnt,happen is like these appeals all this,stuff in between didnt really happen,these appeals they just kind of blasted,through the trial went straight to trial,and got it done so this part is done,now where,now the,trial is done and the opinion order was,written the order being that,facts were found already wow yes facts,were found,effect finding was completed and,um,the judgment was made so,so the judgment was made that the,the ending of the mpp was illegal,now,because of this were going to the next,court now this is going to appeal,so all of these things can be appealed,but now were appealing this thing were,appealing the opinion order so what,happens now,so,we go through the high level courts,and,so the first thing that can happen is a,stay,and a stay is where,before an appeal,the,higher court can temporarily,stop the,stop the lower courts ruling from going,into effect so if the appeals court so,the district court has ordered that the,mpp be resumed but if the if the appeals,court decides to grant a stay then the,order from the district court is,temporarily put on hold while an appeal,happens,and then the appeal will look at the,facts and the appeal will,will decide if the,decision by the district court was,correct or if it needs to be remanded or,anything like that vacated so where,were going is first we go to the,appeals court asking for a stay,stay on the or the district courts,ruling which was denied and then next we,went to the supreme court asking for a,stay,on,the district courts ruling which was,also denied this was very recent um,lets say,yesterday right so from here the state,was denied by the supreme court so what,happens next well what happens next is,we go to the appeal in uh court of,appeals uh circuit court,after which uh,the whole appeals process will begin so,the the whole any questions of law will,be evaluated by the appeals court,and it will of course take take much,time to go through this appeal and