Deck 9: The Texas Judiciary

Question 1

Approximately how many justice of the peace courts exist in Texas?

A) 4
B) 175
C) 500
D) 800
E) 2,000

Answer 1

D

Question 2

The main trial courts in Texas are called:

A) county courts
B) courts of appeals
C) district courts
D) municipal courts
E) justice of the peace courts

Answer 2

C

Question 3

Which of the following best describes the requirement(s) necessary to be a judge of the Texas Supreme Court?

A) thirty-five years of age
B) citizen of the United States and a resident of Texas
C) practicing lawyer or judge for at least ten years
D) natural-born Texas state resident
E) thirty-five years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least ten years

Answer 3

E

Question 4

What types of cases does the Texas Supreme Court hear?

A) civil appeals
B) appeals on civil and criminal cases
C) both trial and appeals in tort-law cases
D) final appeals on all civil and death penalty cases
E) any cases it chooses to hear

Question 5

Which individual presides over the county courts?

A) justice of the peace
B) district mayor
C) county judge
D) city mayor
E) Texas governor

Question 6

There are ______ courts of appeals in Texas, with ______ justices serving those courts.

A) 9; 80
B) 14; 80
C) 14; 453
D) 453; 453
E) 915; 1,490

Question 7

The Texas Supreme Court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what?

A) hear all cases from across the state regardless of reasoning
B) review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly
C) review the abilities of lower court justices
D) suspend habeas corpus
E) review the decisions of national courts to determine whether court procedures were followed correctly

Question 8

What percentage of the 819 justices of the peace in Texas are non-lawyers?

A) 52 percent
B) 74 percent
C) 81 percent
D) 87 percent
E) 93 percent

Question 9

Appeals at the level of the court of appeals are typically heard by panels of how many justices?

A) one
B) two
C) three
D) nine
E) thirteen

Question 10

Each county has at least how many district courts?

A) one
B) two
C) ten
D) fourteen
E) fifteen

Question 11

Which of the following is NOT an example of general jurisdiction under a Texas district court?

A) felony
B) election contest
C) civil lawsuit
D) divorce
E) family law matters

Question 12

Which of the following is not a major criticism of the method of judicial selection in Texas today?

A) It is overly partisan.
B) The need to raise campaign contributions compromises the independence of the judges.
C) Too often voters know nothing about the judicial candidates for whom they are voting.
D) In many cases ballots can be overloaded with judicial elections, making them complicated.
E) The governor has too much power in judicial selection.

Question 13

Justice of the peace courts handle which kind of disputes?

A) small claims
B) felonies
C) city ordinance violations
D) bankruptcy cases
E) disposition of property of deceased persons

Question 14

The majority of the cases that justice of the peace judges hear are those regarding what?

A) civil cases
B) traffic misdemeanors
C) death penalty cases
D) marriages
E) felony cases

Question 15

Courts that can review matters relating to the disposition of property of deceased persons are referred to as what?

A) district courts
B) statutory county courts
C) constitutional county courts
D) statutory probate courts
E) justice of the peace courts

Question 16

Municipal courts in the Texas court system have jurisdiction over all of the following areas EXCEPT

A) city ordinances.
B) Class C misdemeanors.
C) search and arrest warrants.
D) traffic violations.
E) appeals.

Question 17

Which court in Texas has automatic jurisdiction over all death penalty cases?

A) the court of criminal appeals
B) the supreme court
C) the district court
D) the justice of the peace court
E) the court of civil appeals

Question 18

The majority of cases in municipal courts involve

A) family law.
B) traffic and parking violations.
C) civil cases, especially torts.
D) felony crimes.
E) city ordinances.

Question 19

Often county courts in Texas have jurisdiction over which matters?

A) probate cases
B) more serious criminal misdemeanor offenses
C) civil cases where the amounts in dispute are relatively small
D) appellate cases from municipal courts or from justice of the peace courts
E) probate cases, serious criminal misdemeanors, and civil cases where the amounts in dispute are relatively small, and appellate cases of municipal or justice of the peace courts

Question 20

In Texas, trial lawyers tend to support

A) Democratic judicial candidates.
B) Republican judicial candidates.
C) anti-death-penalty judicial candidates.
D) pro-business judicial candidates.
E) pro-death-penalty judicial candidates.

Question 21

Approximately ______ of Texas appellate judges are women.

A) 15 percent
B) 20 percent
C) 40 percent
D) 53 percent
E) 67 percent

Question 22

Which of the following is not a reason, listed by the text, that there are few minority judges in Texas?

A) One must be a lawyer to be a judge, and there are few minority lawyers in Texas.
B) Judicial districts are often quite large, and minority voters rarely make up a majority in these districts.
C) Minority voters tend to be Democrats and the Republican Party currently dominates Texas elections.
D) White voters participate in countywide elections more than minority voters.
E) Minority candidates tend to be outspent by white candidates.

Question 23

What is the particular problem in Texas judicial elections known as the "name game"?

A) Voters will often vote for a candidate by looking at her or his party affiliation, not his or her name.
B) Many voters will vote for a judicial candidate whose name they are familiar with, even if they know nothing about the candidate.
C) Judicial candidates sometimes make up colorful nicknames, like "Hang 'Em High" Johnson, that serve as free advertisements for their judging beliefs.
D) Only big-name candidates can raise enough campaign contributions.
E) Voters will often vote for a candidate whose name is listed first on the ballot.

Question 24

Appealing a case to the federal courts of appeal when all justices will hear the case, rather than the typical panel of three, is referred to as hearing a case ______.

A) on merit selection
B) based on the preponderance of the evidence
C) en banc
D) stare decisis
E) per curiam

Question 25

What percentage of the state judges nationwide are white?

A) 65 percent
B) 71 percent
C) 83 percent
D) 87 percent
E) 92 percent

Question 26

In what year did we see the highest percentage of judges obtaining their positions initially through appointment at the trial court level?

A) 1984
B) 1998
C) 2003
D) 2006
E) 2011

Question 27

What was the argument brought forward in the case of League of United Latin American Citizens v. Mattox in 1989?

A) Countywide election of judges in Texas diluted the strength of minority voters and violated the Voting Rights Act.
B) Statewide election of Texas Supreme Court judges weakened the ability of Hispanic voters.
C) Citywide election of mayors was racially detrimental to minorities and violated the Voting Rights Act.
D) Countywide election of county commissioners was racially biased and therefore weakened the strength of minority representation in those positions.
E) Legislative redistricting in the state of Texas was so racially biased that it violated the Voting Rights Act.

Question 28

What was the ruling of the Fifth Circuit federal court of appeals in 1993 in the case of League of United Latin American Citizens v. Mattox?

A) Inability to raise appropriate funds caused the lack of minority representation in judicial elections.
B) Party affiliation of minority candidates explained the failure or success in judicial elections.
C) Minority status explained the lack of ability to succeed in judicial elections; therefore, the Texas selection process was unconstitutional.
D) The low numbers of law school graduates amongst minority races, particularly Hispanic law school graduates, led directly to the failure of minority candidates in judicial elections.
E) Smaller districts must be drawn in order to further allow minority judicial candidates to have a better hope of being elected to those positions.

Question 29

Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas court of criminal appeals?

A) The Texas legislature has placed a strict cap on the spending for the criminal appeals court election campaigns.
B) There are few interest groups that contribute money to the criminal appeals court candidates' campaigns, which keeps down the costs of the election.
C) Judges running for the criminal appeals court do not have to be elected in a statewide election.
D) Fewer people are interested in the court of criminal appeals.
E) There are more positions available on the criminal appeals court, so the seats are not as coveted.

Question 30

A common benefit in elections is having a positive party label to support candidates through the elections and into victory. What is this benefit referred to as?

A) the name-game benefit
B) recognition election
C) the partisan effect
D) the political bias benefit
E) the top-of-the-ticket effect

Question 31

In what year were there no Democratic representatives in the Texas Supreme Court races because the Republican candidates were so strong?

A) 1982
B) 1988
C) 1994
D) 1996
E) 2000

Question 32

Why is it difficult for voters to learn about judicial candidates in Texas?

A) Judicial candidates, by law, are prevented from actively campaigning for office.
B) Most judicial candidates fill their campaign literature with arcane legal analysis.
C) Voters are called upon to vote for too many different judicial races in a single election.
D) Most voters never go to court, so they have little knowledge upon which to base their decisions.
E) Judicial candidates do very little campaigning.

Question 33

What is the most important part of a judicial candidate's campaign in Texas?

A) party affiliation
B) professional and personal qualifications
C) name recognition with the voters
D) rating by the American Bar Association
E) campaign financing

Question 34

Which judicial candidate race is considered the most expensive, where candidates are likely to raise over $1 million?

A) Texas Supreme Court
B) Texas court of criminal appeals
C) Texas appellate courts
D) Texas district courts
E) Texas justice of the peace courts

Question 35

What is the most important role the governor of Texas plays in the judicial process?

A) The governor has the power to permanently appoint all municipal court judges.
B) The governor has the power to limit the jurisdiction of the appellate courts.
C) The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held.
D) The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases.
E) The governor appoints all members to the Texas Supreme Court.

Question 36

Why was partisanship in Texas judicial elections not an issue until 1978?

A) It was the year judicial elections shifted from nonpartisan to partisan.
B) It was the first year the Texas Constitution permitted candidates to announce their party affiliations.
C) Up until that time, Texas was essentially a one-party state.
D) Even though they could, candidates typically ran without using party labels up until 1978.
E) It was the first year a third-party candidate won a seat in a Texas judicial election.

Question 37

In ______, the first woman to serve as a Texas state judge was appointed.

A) 1887
B) 1902
C) 1935
D) 1967
E) 1985

Question 38

Between 1980 and 1985, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?

A) Candidates began fund-raising at a much more vigorous level.
B) Candidates began running with a running mate to increase their chances of victory.
C) Candidates began selecting a party to align with, unlike previously when they ran as nonpartisan candidates.
D) Candidates began making a switch from the Democratic Party to the Republican Party.
E) Candidates began recruiting assistance from the Texas governor and U.S. president.

Question 39

A recent Texas poll found that _____ percent of judges felt that campaign contributions had at least some influence on judicial decisions.

A) 68
B) 83
C) 86
D) 92
E) 99

Question 40

What is the major difference between campaigns of civil court judges versus criminal court judges?

A) The number of candidates is greater in civil court judicial campaigns.
B) The amount of money involved is much greater for civil court judicial campaigns.
C) The publicity of civil court judicial campaigns is much more significant.
D) The racial representation of candidates is more varied in civil court judicial campaigns.
E) The public is much more involved in criminal court judicial campaigns.

Question 41

How many states also have in place a campaign fairness act similar to that of Texas's Campaign Fairness Act?

A) none; Texas is the only one.
B) two, Texas and California.
C) three, Texas, California, and New York.
D) thirteen; the majority of the southeast United States has supported this concept.
E) All fifty states have in place some version of a campaign fairness act.

Question 42

According to a recent increase in campaign contribution limitations, in what situation must a judge recuse himself or herself from a case?

A) in situations in which a judge receives campaign contributions from a party to a lawsuit
B) in situations in which a relative of the accused party has contributed to the judge's campaign
C) in situations in which judges have been at campaign fund-raisers with the party to a lawsuit
D) in situations in which the lawyer has been involved in fund-raising with the party to a lawsuit
E) in situations in which a judge receives campaign contributions from a party's lawyer

Question 43

The Texas Supreme Court and the court of criminal appeals have appellate jurisdiction.

Question 44

According to the Texas Judicial Campaign Fairness Act, what dollar amount is a law firm limited to when donating to any statewide judicial candidate?

A) $100,000
B) $75,000
C) $30,000
D) $10,000
E) $5,000

Question 45

Which of the following substitutes was not presented as an alternative means of judicial selection?

A) increased levels of experience to serve on the bench
B) an appoint-elect-retain process
C) appellate vacancies filled by gubernatorial appointment with senatorial confirmation, followed by nonpartisan and retention elections
D) merit selection
E) open primary elections followed by general nonpartisan retention elections

Question 46

Reformers that have suggested lengthening judicial terms of office can explain that this action may create which of the following results?

A) more election contests
B) more need for campaign money
C) less of a chance for defeat of incumbents
D) more involvement of judges in politics
E) less need for top-of-the-ticket voting

Question 47

Which of the following is not given as reasoning to support an alternative judicial selection system in Texas?

A) timing of the elections
B) top-of-the-ticket voting
C) the defeat of incumbents
D) the importance of the party label
E) the "name game"

Question 48

According to the Texas Judicial Campaign Fairness Act, what dollar amount is an individual limited to when donating to a statewide judicial candidate?

A) $100,000
B) $75,000
C) $30,000
D) $10,000
E) $5,000

Question 49

Which of the following supported the amendment proposed by Lieutenant Governor Bob Bullock to update the countywide election process?

A) Governor George W. Bush
B) Hispanic voters
C) the business community
D) African American voters
E) the Republican Party

Question 50

What is it called when a blue-ribbon committee selects judicial nominees who are then appointed by the governor and must finally run for retention in office?

A) en banc selection
B) progressive reform selection
C) nonpartisan selection
D) merit selection
E) committee certification

Question 51

What is the most important type of case that the Texas Supreme Court handles?

A) impeachment of public officials
B) a tort-law case
C) prison reform
D) a death penalty case
E) a bankruptcy case

Question 52

The Texas Supreme Court has jurisdiction over the automatic appeals in all death penalty cases.

Question 53

A large concern over transitioning to strict nonpartisan elections is that candidates would deal with what problem?

A) the need to align with political parties even more significantly
B) the burden of distancing themselves from political parties, which would be too significant and would cause friction within the parties
C) campaigning would now be more vigorous and therefore biased to those of younger ages
D) campaigning would require significantly higher amounts of money
E) lack of recognition by the voters

Question 54

The Texas Judicial Campaign Fairness Act

A) limits the amount of campaign contributions a judicial candidate can receive from an individual donor.
B) compels a judge to recuse himself or herself from any case involving someone who has contributed money to his or her campaign.
C) restricts judicial advertising to radio and television ads.
D) forbids law firms or corporations from making donations.
E) allows individuals to donate as much money as they can to judicial candidates.

Question 55

Which of the following is not a part of the "appoint-elect-retain" concept to judicial elections?

A) The governor appoints a judge.
B) The state senate confirms with two-thirds approval of the members.
C) The governor-appointed nominee does not assume office until confirmed by the senate.
D) The nominee goes through a vetting process to confirm his or her ability to fill the position.
E) The judge runs in a contested nonpartisan election and subsequent retention elections.

Question 56

Texas Supreme Court justices are elected for four-year terms.

Question 57

A study showed that retention elections lead to the defeat for the incumbent in ______ percent of instances.

A)1.6
B)3.7
C)5.3
D)8.1
E)10.8

Question 58

Like the U.S. Supreme Court, the Texas Supreme Court has nine justices, including one chief justice.

Question 59

Which of the following statements about retention elections is correct?

A) Texas currently uses retention elections for municipal court judges and justices of the peace.
B) A retention election requires at least one non-incumbent in the race.
C) A proposal for retention elections in the mid-1990s failed to pass.
D) In retention elections, the Texas Senate votes for judges.
E) In retention elections, judges must run against another judge from a different district.

Question 60

Since the late 1980s, in what direction has the Texas Supreme Court moved regarding civil cases?

A) The Texas Supreme Court has grown more liberal in its tort-law decisions.
B) Texas has moved toward a more conservative approach to torts.
C) The Texas Supreme Court has taken a more pro-business direction.
D) The Texas Supreme Court is moving toward a more common-law approach to tort reform.
E) The Texas Supreme Court is choosing to hear fewer tort-law cases.

Question 61

The U.S. Supreme Court has ruled that the Voting Rights Act applies to state judicial elections.

Question 62

One of the biggest controversies concerning the method of judicial selection in Texas is that there may be conflicts of interest when judges must hear cases determining the financial interests of persons who have donated to their campaigns.

Question 63

Each incorporated town or city in Texas has a municipal court.

Question 64

Texas justices of the peace do not have to be lawyers.

Question 65

Judicial elections in Texas are nonpartisan.

Question 66

Currently, there are fifteen statutory probate court judges.

Question 67

Texas law restricts the number of judicial races during any single election cycle to no more than six.

Question 68

In 1996, the voters of Texas chose to adopt the merit selection of judges.

Question 69

Minority representation across the judicial branch is less than that of the U.S. population, but this is particularly true in Texas. Why is minority representation so low? What efforts have been made to remedy this situation? Is there a solution to increasing representation from a variety of Texans?

Question 70

The method by which Texas judges get to the bench is only one method of judicial selection. Describe some of the alternative means of appointing or electing state judges. What has Texas done to ameliorate some of the problems with judicial elections?

Question 71

Explain the method by which judges in Texas are selected. What is the most important factor in judicial elections in Texas? Why are judicial elections in Texas so often criticized?

Question 72

Describe the organization of the judicial branch in Texas. What are the different kinds of courts in Texas and what are their specific functions? What makes the top appellate court(s) in Texas so different from that of the United States?

Question 73

Texas law restricts the amount of money a judicial candidate may receive from donors.

Question 74

In Texas, appellate court judges are elected, but the governor appoints trial judges to six-year terms.

Question 75

Less than 20 percent of all judges in Texas are Hispanic.

Question 76

The majority of justice of the peace judges have a credentialed background in law.

Question 77

Texas politics has always been a heated topic, but none more so than in the area of judicial politics. Explain and discuss the partisan nature and the political aspects to judicial selection. Why is the system so partisan? How does campaign finance play a role? What is the name game?