Deck 9: The Texas Judiciary

Question 1

Municipal courts have jurisdiction over

A) class A misdemeanors that are violations of federal law committed within the city limits.
B) violations of city ordinances.
C) traffic violations outside the city.
D) third-degree felonies committed within the city limits.
E) awarding damages in civil cases.

Answer 1

B

Question 2

The major trial courts in Texas are

A) courts of appeals.
B) county courts.
C) district courts.
D) municipal courts.
E) federal courts.

Answer 2

C

Question 3

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

Answer 3

B

Question 4

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

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

Question 5

In Texas, trial lawyers tend to support ________ judicial candidates.

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

Question 6

An indictment is also known as a

A) felony.
B) true bill.
C) guilty verdict.
D) capital case.
E) judgment.

Question 7

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 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) 92 percent

Question 9

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 10

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

A) 1
B) 2
C) 3
D) 9
E) 13

Question 11

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 12

Which of the following are NOT part of the Texas judicial system?

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

Question 13

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 14

Justice of the peace courts handle which kind of disputes?

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

Question 15

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 16

A person who files a civil lawsuit against another party is called a

A) plaintiff.
B) defendant.
C) prosecutor.
D) juror.
E) lawyer.

Question 17

Which court hears appeals from justices of the peace and from municipal courts?

A) county court at law
B) probate court
C) district court
D) the county commissioner
E) appeals court

Question 18

Each county has at least how many district courts?

A) 1
B) 2
C) 10
D) 14
E) 15

Question 19

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

A) 35 years of age
B) citizen of the United States and a resident of Texas
C) practicing lawyer or judge for at least 10 years
D) natural-born Texas state resident
E) 35 years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least 10 years

Question 20

Federal judges are

A) appointed by the president and confirmed by the Senate.
B) appointed for seven years and then run for election.
C) subject to judicial reprimand.
D) strict constitutionalists.
E) responsive to the electorate.

Question 21

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 22

In 1989, the League of United Latin American Citizens filed suit in federal court in an effort to change Texas's system of electing ________ at-large.

A) county commissioners
B) county judges
C) state senators
D) state district court judges
E) state Board of Education members

Question 23

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 24

As of 2012, ________ percent of appellate judges in Texas were women, and ________ percent of district judges were women.

A) 42; 40
B) 40; 42
C) 42; 35
D) 42; 31
E) 42; 11

Question 25

Civil rights organizations representing Latinos and African American have argued that for minorities to get elected into office

A) there must be large judicial districts where minority voters make up the majority.
B) they must change their last names.
C) there must be small judicial districts where minority voters make up the majority.
D) they need to first be appointed.
E) larger minority turnout is needed.

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

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 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 28

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 29

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

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

Question 30

All of the following factors created support for alternative judicial selection systems EXCEPT

A) the "name game."
B) top-of-the-ticket voting.
C) the media.
D) the importance of party label.
E) the role of money in judicial races.

Question 31

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

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

Question 32

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 33

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 34

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 running mates 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 35

In spite of judicial campaigns, voters often know little about judicial candidates. As a result, they vote

A) for the best qualified person to be a judge.
B) for the party label.
C) for the candidate with name familiarity.
D) Republican.
E) Democratic.

Question 36

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 37

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 his 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 38

________ refers to an appellate hearing with all judges participating.

A) En banc
B) Petit jury
C) Certiorari
D) De novo
E) Grand jury

Question 39

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 40

In Texas, all judges EXCEPT municipal judges are

A) appointed by the governor.
B) chosen in partisan elections.
C) chosen in nonpartisan elections.
D) elected by the legislature.
E) selected according to a merit plan.

Question 41

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

Question 42

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 43

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 44

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 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

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 47

In the early to mid-1980s, the court tended to be sympathetic to the plaintiffs' position in tort cases, but by the late 1980s this changed. Which of the following is NOT a reason for the change?

A) More justices began to be elected who favored the defendants in civil lawsuits.
B) Republican justices began to be elected.
C) The wave of incoming justices were more conservative than many of the previous justices, who were Democratic.
D) Interest groups that were harmed by the pro-plaintiff tendencies of the court began to organize, raising and spending money for elected justices sympathetic to their perspectives.
E) The Reagan era placed a financial cap on what a plaintiff could be awarded from a case.

Question 48

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) 13: 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 49

Since the late 1980s, the Texas Supreme Court has

A) grown more liberal in its tort-law decisions.
B) moved toward a more conservative approach to torts.
C) taken a more pro-business direction.
D) moved toward a more common-law approach to tort reform.
E) chosen to hear fewer tort-law cases.

Question 50

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

Question 51

According to a recent increase in campaign contribution limitations, a judge must recuse himself or herself from a case in situations in which

A) the judge receives campaign contributions from a party to a lawsuit.
B) a relative of the accused party has contributed to the judge's campaign.
C) the judge has been at campaign fund-raisers with the party to a lawsuit.
D) the judge has been involved in fund-raising for the county or district attorney.
E) a judge receives campaign contributions from a party's lawyer.

Question 52

A merit election plan would

A) completely eliminate the role of the voter.
B) provide for an appointment process, and then when the term has been served, the judge would seek retention in a nonpartisan election with no opponents listed.
C) provide for an appointment process, and then when the term has been served, the judge would seek election in a partisan election against other opponents.
D) provide for an appointment process, life term, and removal by referendum.
E) require no campaign fund-raising.

Question 53

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

Question 54

Currently, there are 15 statutory probate court judges.

Question 55

The Texas Court of Criminal Appeals is the highest court in the state for criminal cases.

Question 56

In Texas, the county judge presides over the county court.

Question 57

One big difference in the campaigns of civil court judges versus criminal court judges is the amount of money involved.

Question 58

Mediation is popular in civil disputes because the parties to the dispute are NOT forced into a particular decision, as they would be with arbitration.

Question 59

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

Question 60

Judicial elections in Texas are nonpartisan.

Question 61

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 62

Does the high number of judicial seats that citizens are asked to vote for have a chilling effect on an informed electorate?

Question 63

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 64

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 65

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

Question 66

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 67

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

Question 68

Given the expense of judicial elections and lack of diversity in judges' backgrounds, should reforms of the state judicial system be considered?

Question 69

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

Question 70

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 71

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

Question 72

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

Question 73

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?