Deck 9: The Judiciary

Question 1

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

Answer 1

C

Question 2

In what type of court would a justice of the peace handle minor criminal cases,less serious civil suits,and traffic/parking violations?

A) court of special jurisdiction
B) court of limited jurisdiction
C) court of general jurisdiction
D) court of last resort

Answer 2

B

Question 3

The Texas Supreme Court consists of ________ justices.

A) 9
B) 7
C) 12
D) 3

Answer 3

A

Question 4

Which judicial office had its origins in medieval England and has existed in Texas since 1837,even before statehood?

A) county judge
B) municipal judge
C) supreme court judge
D) justice of the peace

Question 5

District courts usually have ________ jurisdiction,meaning that they hear a broad range of civil and criminal cases.

A) general
B) limited
C) mid-tier
D) specific

Question 6

Texas officially uses which method to select state judges?

A) nonpartisan election
B) merit plan
C) partisan election
D) appointment by governor

Question 7

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

A) statutory county courts at law
B) probate court
C) district court
D) the county commissioner

Question 8

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

Question 9

Each county has at least how many district courts?

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

Question 10

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) 35 years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least 10 years

Question 11

The major trial courts in Texas are

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

Question 12

Federal judges are

A) appointed by the president and confirmed by the Senate.
B) appointed for seven years and then run for election.
C) elected in partisan elections.
D) appointed by the president and confirmed by the House of Representatives.

Question 13

Which of the following best describes the requirement(s)necessary to be a judge of the courts of appeal?

A) 35 years of age
B) citizens of the United States and a resident of Texas
C) practicing lawyer or judge for at least 10 years
D) 35 years of age, citizen of the United States, residents of Texas, practicing attorney or judge for at least 10 years.

Question 14

There are ________ statutory probate court judges.

A) 18
B) 6
C) 200
D) 254

Question 15

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.

Question 16

Which court does not require its judges to be lawyers?

A) court of appeals
B) district court
C) justice of the peace
D) Texas Court of Criminal 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

Question 18

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

Question 19

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

A) 9; 80
B) 14; 80
C) 14; 453
D) 453; 453

Question 20

Federal judges have

A) lifetime appointments.
B) to serve eight years before they are considered for reappointment.
C) to serve with the consent of the voters.
D) to be pro-life.

Question 21

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 use party labels, candidates typically ran without them up until 1978.

Question 22

Civil rights organizations representing Latinos and African Americans 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.

Question 23

As of 2014,________ 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

Question 24

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

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

Question 25

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

A) district courts
B) statutory county courts
C) constitutional county courts
D) statutory probate courts

Question 26

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

A) Candidates began making a switch from the Republican Party to the Democratic Party.
B) Candidates began running with running mates to increase their chances of victory.
C) Candidates began selecting a party to align with, unlike when they used to run as nonpartisan candidates.
D) Candidates began making a switch from the Democratic Party to the Republican Party.

Question 27

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

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

Question 28

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

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

Question 29

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

Question 30

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.

Question 31

An indictment is also known as a

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

Question 32

Which of the following is a court of limited civil jurisdiction within the Texas state court system?

A) Texas Court of Criminal Appeals
B) municipal court
C) Texas Supreme Court
D) district court

Question 33

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.

Question 34

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.

Question 35

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.

Question 36

________ is the presentation of a grievance by the plaintiff in a civil case.

A) Complaint
B) Indictment
C) Plea Bargain
D) Felony

Question 37

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.

Question 38

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 challenger as opposed to the incumbent.
D) Democratic.

Question 39

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

Question 40

Justice of the peace courts handle which kind of disputes?

A) small claims
B) felonies
C) violations of federal law
D) capital murder cases

Question 41

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.

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.

Question 43

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 an 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 an election against other opponents.
D) provide for an appointment process, life term, and removal by referendum.

Question 44

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

Question 45

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

Question 46

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.

Question 47

Since the late 1980s,the Texas Supreme Court has

A) grown more liberal in its tort-law decisions.
B) been dominated by the Democratic Party.
C) taken a more pro-business direction.
D) tended to be sympathetic to the plaintiff's position.

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) $5,000

Question 49

Federal judges are appointed by the president and confirmed by the Senate.

Question 50

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

Question 51

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 52

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

Question 53

The Texas Supreme Court hears criminal cases only.

Question 54

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

Question 55

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 was more conservative than many of the previous justices, who were Democratic.
D) The Reagan era placed a financial cap on what a plaintiff could be awarded from a case.

Question 56

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) Minority candidates tend to be outspent by white candidates.

Question 57

The county judge must have political administrative functions combined with some judicial functions.

Question 58

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

Question 59

Judicial elections in Texas are nonpartisan.

Question 60

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

A) the importance of a judicial candidate's name.
B) the sheer number of judicial candidates running for office.
C) the media.
D) the importance of party label.

Question 61

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

Question 62

Traditionally,trial lawyers contribute money to judicial candidates who are sympathetic to plaintiffs.

Question 63

The legal process in Texas relies on lawyers.

Question 64

Characterize the judicial controversies in Texas and their impact on public perception of the courts.

Question 65

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 66

Texas politics has always been a heated topic,but none more so than 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"?

Question 67

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 68

Minority representation across the judicial branch is not representative of the diversity of the U.S.population,and 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 69

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

Question 70

Describe the roles of the participants in the Texas court system and the procedures used in trial and appellate courts.

Question 71

Texas judges get to the bench by 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?