Ch. 9 Texas Judiciary example #8171

Which of the following would not be considered a judicial matter? a. Level of privacy we should expect in our cars b. The treatment people of different racial, gender, or age groups should expect c. With which divorced parent should the children reside d. Creation of a budget for the state courts

Which is not an example of a civil suit? a. Divorce case c. Arson b. Breach-of-contract case d. A challenge to utility rates

Which is not an example of a criminal case? a. Rape c. Embezzlement b. Jaywalking d. Breach-of-contract

Which of the following statements about the Texas judicial system is incorrect? a. Texas has been found to rank eighteenth among the states in terms of litigation. b. Texas has 292 citizens per attorney. c. Texas has more than 2,700 courts and approximately 3,400 justices or judges. d. Texas courts dealt with over 24 million cases in 2011, or an average of one case for every resident of the state.

Which of the following is not true about civil cases? a. The plaintiff and defendant are often private parties. b. The dispute is usually set out in a petition. c. The final court remedy is relief from or compensation for the violation of legal rights. d. There are tougher rules of procedure to balance or weigh the evidence.

A criminal case does not involve a. a lawbreaker who may be punished by a fine or imprisonment or both. b. action by the state against the accused. c. a violation of penal law. d. cases that deal primarily with individual or property rights.

To prove a defendant guilty in a criminal case the state must provide: a. a preponderance of the evidence. b. enough evidence that at least three-fourths of the jurors agree to guilt. c. more evidence than the defense. d. sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt.

One of the most important distinctions between civil and criminal cases involves the issue of:

The burden of proof standard used in civil cases is: a. reasonable doubt. c. beyond a reasonable doubt. b. probable doubt. d. a preponderance of the evidence.

The duty of a party in a court case to prove its position is called:

_________ is the power to try a case being heard for the first time. a. First instance c. Original jurisdiction b. De novo d. Appellate jurisdiction

Original jurisdiction of a court involves all of the following except a. the viewing of material evidence. b. the examination of evidence to determine guilt in criminal cases or responsibility in civil cases. c. a trial that involves the determination of fact and the application of law. d. review of the record

________ refers to the power of an appellate court to review the decisions of a lower court.

Appellate proceedings are based on

Which of the following statements about legal briefs is incorrect? a. A brief summarizes the facts of the case. b. A brief is a written argument prepared by a judge. c. A brief summarizes the pertinent laws that relate to the case. d. A brief summarizes the application of laws to the facts supporting a counsel's position.

A second prosecution for the same offense after acquittal in the first trial is known as

Which of the following courts is included in a city's charter? a. Municipal c. Justice of the peace b. District d. Appeals

Municipal courts have exclusive jurisdiction over the following except a. violation of city ordinance. c. fine of $500 or less. b. class C misdemeanors. d. does include jail sentence.

Which court has exclusive jurisdiction to try violations of city ordinances?

Which branch of government authorizes city governments to determine whether their municipal courts are courts of record?

The vast majority of cases heard by municipal courts involve

A ___________ trial is a new trial conducted in a higher court (as opposed to an appeal).

Public confidence in municipal courts is

The justice of the peace courts are authorized by

The justice of the peace is elected for a ___-year term.

Duties of the justice of the peace may include all of the following except a. criminal cases where the fine in less than $500. b. perform marriages. c. act as coroner. d. civil cases where the dispute involves less than $100,000.

The only constitutional qualification to become a justice of the peace is a. being a registered voter. c. being a practicing attorney. b. having a law license. d. having prior experience on the bench.

Defenders traditionally refer to the justice courts as the _________ and maintain that elimination of the justice courts would remove the close contact many treasure.

Texas has how many county courts?

The Texas Constitution requires that the county judge be elected by voters for a four -year term and be a. a practicing lawyer. b. well informed in the law of the state. c. willing to complete forty hours of legal course work. d. over 35 years of age.

County courts-at-law have jurisdiction for all of the following except a. the handling of both civil and criminal cases. b. civil jurisdiction involving cases over $100,000. c. for criminal jurisdiction, which includes misdemeanors not handled in justice of the peace and municipal courts. d. probate of wills.

District courts are often described as the _________ of the state and as a group these courts are called the general trial courts.

Currently there are _____district courts all of which function as single-judge courts.

Which of the following is not a qualification to become a district court judge? a. Must be at least 25 years of age. b. Must be a resident of the district for two years. c. Must be a resident of Texas for 10 years. d. Must be a licensed practicing lawyer or judge for four years.

District court jurisdiction extends to all of the following except a. felony cases. c. juvenile cases. b. civil cases exceeding $200. d. original jurisdiction for traffic cases.

_________ refers to a situation in which the prosecutor and defense attorney negotiate an agreement whereby the accused pleads guilty to a less serious crime than originally charged or in return for a reduction in the sentence to be served.

How many courts of appeals does Texas have?

Which of the following statements about court of appeals judges is incorrect? Which of the following statements about court of appeals judges is incorrect? a. They must be at least 35 years of age. b. They must have a minimum of ten years experience as a lawyer or judge. c. They must have lived in their district five years prior to the election. d. They must be elected from their districts for six-year terms.

Texas has a __________ system of courts of last resort.

The Texas Court of Criminal Appeals has one presiding judge and _________ other judges.

Which court has exclusive jurisdiction over automatic appeals in death penalty cases?

As of January 2012 the state of Texas had executed __________ people since 1976.

Which of the following statements about execution in Texas is correct? a. Texas has executed far more individuals than any other state. b. Texas has executed fewer individuals than any other state. c. Texas has executed about the same number of individuals as any other state. d. The death penalty is not legal in Texas.

Which Texas Court of Criminal Appeals judge refused to take Michael Richards a death row inmate appeal after 5 P.M.?

Which of the following is not an original jurisdiction of the Texas Supreme Court? Which of the following is not an original jurisdiction of the Texas Supreme Court? a. Conducting proceedings for involuntary retirement or removal of judges b. Issuing writs c. Making rules that govern the licensing of members of the state bar d. Ruling in death penalty cases

The Supreme Court consists of one chief justice and _________ associate justices.

The majority of the cases heard by the Texas Supreme Court are from a

In 1989 in which court case did the Texas Supreme Court unanimously declare that the huge disparities between rich and poor school districts were unacceptable and ordered changes in the financing of Texas's public schools?

How many members serve in the Grand juries in Texas?

An alternative to a grand jury indictment is __________ which is used for minor offenses. a. a writ of error c. the affidavit b. an arraignment d. the information

The purpose of a grand jury is to a. determine if an individual is guilty or not guilty of a crime. b. determine if there is sufficient evidence to bring the accused to trial. c. select individuals to serve on a trial jury. d. issue information.

Which of the following statements about indictments in Texas is incorrect? a. If an indictment is not returned, the conclusion of the grand jury is a no bill. b. The vote of all of the twelve grand jurors is needed to indict. c. An indictment is the responsibility of the grand jury. d. An indictment is sometimes referred to as a true bill.

Which of the following statements about grand jurors is incorrect? a. At times a grand jury may return indictments simply because the district attorney asks for them. b. Grand juries return true bills in about 95 percent of the situations brought before them. c. The accused can have an attorney in the room during questioning. d. Some grand juries, known as "runaway" grand juries, may consider matters independent of the district attorney's recommendation.

Some Texas grand jurors are selected by which method?

When an individual is not indicted by a grand jury a _________ is issued. a. no bill c. habeas corpus b. true bill d. verdict

When grand juries consider matters independent of the district attorney's recommendation they are called

Trial by jury in criminal cases is a right guaranteed by the Texas Constitution and which of the amendments to the U.S. Constitution? a. Fourth Amendment c. Sixth Amendment b. Fifth Amendment d. Eighth Amendment

Which of the following statements about petit (trial) juries is correct? a. County courts have six-person juries, whereas there are twelve people on juries at the district court level. b. County courts have nine-person juries, whereas there are twelve people on juries at the district court level. c. In a civil case only the plaintiff can opt for a jury trial. d. In a criminal case only the prosecutor can opt for a trial by jury.

Which of the following occurs when a jury is unable to agree on a verdict after a suitable period of deliberation? a. True bill c. No bill b. Hung Jury d. De novo

The merit plan for selecting judges is sometimes referred to as the

Texas officially uses which method to select state judges?

Most states use the __________ system to select their judges.

Which of the following is not a criticism of the Texas method of selecting judges? a. Citizens vote for the party without knowing whose running. b. Large contributions to judges give the appearance of justice being bought. c. Too much advantage is given to incumbency. d. Judges elections are nonpartisan.

In the case of _________________ the United States Supreme Court upheld disclosure requirements for corporate campaign contributions but removed many financial restrictions on those contributions.

Which statement about minorities and the state judicial system is correct? a. The system continues to be harshly criticized by representatives of minority groups. b. The system continues to be praised by representatives of minority groups. c. The system continues to form coalition with representatives of minority groups. d. The system continues to be highly represented by minority groups.

According to Brent Boyea the conservative pro-business preferences among Texas judges are influenced by a. judicial elections. c. campaign laws. b. public opinion. d. All of the above are true.