Deck 9: The Judiciary

Question 1

Veterans' courts, DWI courts, and drug courts are types of

A) specialty courts.
B) reform courts.
C) municipal courts.
D) statutory county courts at law.

Answer 1

A

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

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

Answer 3

A

Question 4

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 5

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 6

County judges preside over

A) the county commissioners' court.
B) the county court of appeals.
C) the district court for that county.
D) statutory courts.

Question 7

How many justices sit on the Texas Supreme Court?

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

Question 8

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 9

Texas officially uses which method to select state judges?

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

Question 10

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 11

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 12

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 13

Which court's justices are the least likely to be lawyers?

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

Question 14

Each county has at least how many district courts?

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

Question 15

In order to be eligible to serve on either the Texas Supreme Court or the Texas Court of Criminal Appeals, you must

A) be at least 50 years old.
B) have lived in Texas for the previous 10 years.
C) have not held any previous elected office.
D) have been either a judge or practicing lawyer for at least 10 years.

Question 16

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 17

Which judicial office 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 18

The major trial courts in Texas are

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

Question 19

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 20

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 21

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 22

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 23

In civil cases, the burden is on the plaintiff, and the standard that must be met is known as

A) preponderance of the evidence.
B) beyond a reasonable doubt.
C) without any doubt.
D) overwhelming proof.

Question 24

In Texas, approximately how many criminal convictions are the result of plea bargains?

A) 97 percent
B) 55 percent
C) 13 percent
D) 33 percent

Question 25

By 2017, what percentage of district judges in Texas were women?

A) 35
B) 17
C) 15
D) 43

Question 26

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

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

Question 27

Civil law focuses on __________________, while criminal law focuses on __________________.

A) disputes about relationships, obligations, and responsibilities; violations of codes of right and wrong as determined by criminal statutes
B) violations of normative standards; disputes regarding implementation of law
C) matters involving juveniles and families; matters involving adults
D) only issues regarding money, all other issues related to the law

Question 28

Before 1978, partisanship was not a factor in Texas judicial elections because

A) the Texas Constitution required that judicial elections had to be nonpartisan.
B) turnout was so low in judicial races that the parties decided not to get involved in the campaigns.
C) Texas was effectively a one-party state.
D) candidates generally ran without party labels.

Question 29

By the early 1980s, 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 30

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 31

An indictment is also known as a

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

Question 32

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 district and appellate judges to fill any vacancies on the bench for the time period before elections are held, or to fill judgeships on new courts.
D) The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases.

Question 33

Which of the following has been given as a reason for reforming the way judges are selected in Texas?

A) the importance of a judicial candidate's name in the current system
B) the high number of voters who cast split ticket votes
C) the role of the media in the current system
D) the strict fundraising limitations in the current system

Question 34

A(n) ________ is the presentation of a grievance by the plaintiff in a civil case.

A) complaint
B) indictment
C) plea bargain
D) felony

Question 35

One reason why there are few minority judges in Texas is that

A) there are few get-out-the-vote drives that focus on the importance of judicial races.
B) judicial districts are often quite large and dominated by whites who vote against minority judicial candidates.
C) minority candidates usually run as Republicans, while minority constituents generally vote for Democrats.
D) minority candidates tend to be outspent by white candidates.

Question 36

In criminal cases, the prosecutor must prove that the defendant is guilty

A) based on a preponderance of the evidence.
B) beyond a reasonable doubt.
C) without any hesitation.
D) based on overwhelming proof.

Question 37

What happens in a bench trial?

A) The defendant gives up his or her constitutional right to a trial by jury. Instead, the trial is conducted with only the judge.
B) Multiple defendants who are all accused of the same crime are tried together and share one trial.
C) The defendant is represented by a public defender instead of a private attorney.
D) The trial is one of great public interest and is covered by the media, with television cameras located on special benches so that the faces of the jury are not made public.

Question 38

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 39

By 2017, what percentage of appellate judges are Latinos?

A) 15
B) 7
C) 47
D) 30

Question 40

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 41

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 42

The State Bar of Texas is a unique organization because

A) it is the only agency in Texas that is responsible for enforcing codes of conduct for both lawyers and judges.
B) it is under the control of the Texas Attorney General's Office.
C) it is the first bar association in the United States to certify lawyers in the legal specialization known as "barratry."
D) it is a professional organization, but it also performs functions on behalf of the government, such as licensing and disciplining members.

Question 43

Less than 20 percent of all district judges in Texas are Latino.

Question 44

Judicial elections in Texas are nonpartisan.

Question 45

The Texas Supreme Court hears criminal cases only.

Question 46

In order to serve in any judicial position in Texas, you must be a licensed attorney and in good standing with the Texas Bar Association.

Question 47

How many states also have in place a campaign fairness act similar to that of Texas's Judicial 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 48

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

Question 49

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 50

All death penalty cases are automatically appealed to the Court of Criminal Appeals.

Question 51

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 52

At the same time that the Texas Supreme Court become more conservative,

A) the U.S. Supreme Court issued guidelines that states had to follow for tort reform.
B) Governor Bush signaled his willingness to support legislation such as a "Patient's Bill of Rights" that would make it easier for patients to sue hospitals for medical malpractice.
C) the legislature was also passing laws that favored businesses, creating a situation where it is becoming more difficult for individuals to successfully sue businesses in civil lawsuits.
D) the Texas Bar Association announced its support for widespread tort reform.

Question 53

In a criminal trial, there must be a unanimous verdict for the defendant to be found guilty.

Question 54

In Texas, the county judge presides over the county commissioner's court.

Question 55

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

A) impeachment of public officials
B) tort law cases
C) prison reform
D) death penalty cases

Question 56

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

Question 57

In Texas, lawyers are able to continue practicing law and representing clients when they are charged with a crime, but have not yet been found guilty by a court of committing that crime.

Question 58

Who can file a complaint with the State Commission on Judicial Conduct?

A) the public, attorneys, and members of the judiciary
B) only members of the judiciary
C) only individuals who are licensed to practice law in Texas
D) only elected officials

Question 59

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 donors who have contributed in excess of $50,000.
C) restricts judicial advertising to radio and television ads.
D) forbids law firms or corporations from making donations.

Question 60

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

Question 61

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

Question 62

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 63

Texas judges usually get to the bench by only one method of judicial selection. Describe how most judges are selected in Texas. What are some alternative means of selection for state judges? What has Texas done to ameliorate some of the problems with judicial elections?

Question 64

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

Question 65

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 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 of and the political aspects to judicial selection. Why is the system so partisan? How does campaign finance play a role?