Deck 8: The Judiciary and the System of Justice

Question 1

Judges, like legislators and other elected officials, cannot completely detach themselves from the political process.

Answer 1

True

Question 2

The notion that what judges do is not political is a well-polished myth.

Answer 2

True

Question 3

According to the authors, judges are politicians in black robes.

Answer 3

True

Question 4

One of the Attorney General's functions is to render advisory opinions on the legality of proposed actions, rules, and laws.

Question 5

One of the functions of the Attorney General's Office is to render advise to state and local government agencies as to what information is covered on the Open Records Law.

Question 6

The majority of lawyers in Texas are minorities, either women, Hispanics, or Afro Americans.

Question 7

With the exception of municipal judges, all judges in Texas are appointed.

Question 8

The Texas Judicial system is characterized as disorganized with jurisdictions frequently overlapping and confused.

Question 9

The majority of cases handled in municipal courts are related to traffic offenses.

Question 10

Judges of municipal courts are elected in most cities.

Question 11

Municipal courts have only criminal jurisdiction involving class C misdemeanors and violations of city ordinances.

Question 12

Justice of the Peace Court judges are required to be attorneys.

Question 13

Justice of the Peace Courts have both civil jurisdiction and criminal jurisdiction.

Question 14

All elected trial court judges in Texas serve four-year terms.

Question 15

Each county in Texas is required to have a constitutional county court.

Question 16

Special county courts called county courts-at-law have been established in 84 counties, having extended civil jurisdiction.

Question 17

The courts that have exclusive jurisdiction over felonies are the district courts.

Question 18

Both county court-at-law and district judges must be attorneys.

Question 19

At least one court in each county must be designated as a juvenile justice court.

Question 20

Judges of the appellate courts in Texas serve six-year overlapping terms.

Question 21

The Courts of Appeals review cases in panels of three judges under normal circumstances.

Question 22

The Chief Justice of the Texas Supreme Court assigns cases to the Courts of Appeals.

Question 23

Texas has two supreme courts. One court hears criminal cases and the other hears civil cases.

Question 24

The Texas Supreme Court is responsible for the licensing of attorneys in Texas.

Question 25

Grand Jurors are selected on the basis of a random selection process.

Question 26

The majority of states select their judges by election.

Question 27

Partisan affiliation is the most predictable means of determining the philosophical preferences of candidates.

Question 28

The term "civil rights" refers to a citizen's rights to be treated fairly and equally under the law.

Question 29

Texas courts have been deeply concerned in the past with protecting the civil rights of members of minority groups.

Question 30

The Edgewood v Kirby case in 1987 ruled that Texas was meeting the requirements to provide an equal education regardless of income status.

Question 31

The Texas Constitution requires the state to provide both equal rights and an "efficient" system of public education.

Question 32

The "Robin Hood Law" was designed to provide state funds to support low income public school districts.

Question 33

The Texas legislature used the state's budget surplus to avoid a show-down with the court system over public school finance.

Question 34

The Texas criminal justice system does an effective job of providing a fair trial to every defendant.

Question 35

Which of the following statements is not true concerning the role of the Attorney General in the state's legal system?

A) the Attorney General is the states chief legal officer
B) the Attorney General is the state's chief prosecutor
C) the Attorney General renders legal opinions on such matters as proposed actions and laws
D) the Attorney General advises local governments on the Open Records Law

Question 36

Which statement is true?

A) all attorneys in Texas must be licensed by the State Bar of Texas
B) all attorneys in Texas must belong to and pay dues to the State Bar of Texas
C) all attorneys are subject to disciplinary action by the State Bar of Texas
D) all of the above are true statements

Question 37

The Texas Constitution requires that judges to all except which of the following courts be elected?

A) justice of the peace courts
B) municipal courts
C) county courts
D) Texas Supreme Court

Question 38

Justice of the Peace courts have jurisdiction over

A) Class A misdemeanors that are violations of federal laws committed within the city limits.
B) class C misdemeanors and civil cases where the amount in dispute is less than $5000
C) civil suits between two individuals where the amount in question is greater than $5000
D) third-degree felonies committed within the city limits.

Question 39

Justices of the Peace have the authority to

A) try class C misdemeanors
B) hear minor civil cases
C) marry people
D) all of the above

Question 40

County courts can hear which of the following types of cases?

A) all misdemeanors
B) class "C" misdemeanors
C) class "A & B" misdemeanors
D) felonies

Question 41

Texas District Courts have sole jurisdiction over which type of case?

A) class C misdemeanors
B) class A & B misdemeanors
C) all felonies
D) civil cases

Question 42

Mid-term vacancies in justice and county courts are filled by:

A) appointment by the governor
B) appointment by the county judge
C) special elections
D) appointment by the county commissioner's court of the county

Question 43

You have been tried and convicted in a county court of a class B misdemeanor. If you wish to appeal the case, to which court would you attempt to appeal?

A) District Court
B) the Court of Appeals for your district
C) the Texas Supreme Court
D) the Texas Court of Criminal Appeals

Question 44

The Courts of Appeals do not have jurisdiction over

A) all criminal appeals from either the county courts or the district courts
B) all civil appeals from either the county courts or the district courts
C) cases involving the imposition of capital punishment
D) cases involving the constitutionality of laws

Question 45

Grand Jury selection differs from that of petit (trial) juries in which of the following ways?

A) membership is determined by random drawing
B) membership is recommended by a committee appointed by the district judge charged with creating the grand jury, with the judge having the authority to strike, but not add, names to the list
C) members are appointed by the District Attorney
D) members are appointed by the District Judge charged with empanelling a grand jury

Question 46

When a person agrees to plead guilty in return for a lesser punishment, that person is making a

A) common plea
B) cop-out
C) plea bargain
D) false statement

Question 47

The principal police agency in Texas is known as the

A) Department of Public Safety
B) Texas Rangers
C) Texas State Police
D) Texas Sheriffs Association

Question 48

Which of the following is cited as reasons that the Texas judicial system does not function efficiently?

A) there are too many cases for the courts to handle effectively
B) the system of partisan elections may cause judges to avoid difficult cases
C) the need to raise campaign cash causes questions about the impartially of the judges
D) all of the above

Question 49

Among the basic civil rights mentioned in the textbook are

A) the right to equal treatment under the law
B) the right to participate in the political process
C) the right to free speech and expression
D) all of the above

Question 50

Which of the following statements is most correct concerning the Texas legislature's response to the ruling by the Texas Supreme Court that the public school financing system violated the Texas Constitution?

A) the legislature immediately moved to correct the problems
B) there have been numerous efforts and half-efforts, but none have proven successful.
C) the legislature has not dealt with the problem and the courts may close the schools
D) as of the writing of the textbook, the legislature has temporarily solved the most immediate problems, but a long-term solution has not been achieved

Question 51

Which of the following are currently problems with the Texas criminal justice system?

A) innocent people have been convicted of crimes that they did not commit
B) guilty people have been allowed to make plea bargains and are on the streets too soon
C) there are not enough courts and judges to handle the problem efficiently
D) all of the above

Question 52

What are the two schools of thought concerning the method of judicial selection? What problems arise with each?

Question 53

What are the three types of trial courts in Texas? What is the basic jurisdiction of each? How are the judges of each selected?

Question 54

What is the structure of the Texas appellate courts? How does this differ from that of most of the other states in the Union? How are the judges of each selected?

Question 55

What are the main issues facing the Texas judiciary? How has the legislature responded to one of these issues?

Question 56

What are the two types of juries used in Texas and how is each selected? Does the traditional method of selecting trial juries insure that the poor are equally treated?

Question 57

What factors account for the fact that the wealthy and the non-wealthy may receive very different justice in Texas courts? How has the legislature responded in the area of legal representation for the poor criminal defendant?