Deck 9: The Judiciary

Question 1

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

A)appellate jurisdiction.
B)secondary charge.
C)double jeopardy.
D)criminal case.

Answer 1

C

Question 2

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

A)true bill
B)court of record
C)de novo
D)no bill

Answer 2

C

Question 3

Which is not an example of a criminal case?

A)Rape
B)Jaywalking
C)Embezzlement
D)Breach-of-contract

Answer 3

D

Question 4

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)a review of the record.

Question 5

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

A)jury selection.
B)original jurisdiction.
C)burden of proof.
D)appellate jurisdiction.

Question 6

Public confidence in justice of the peace courts is

A)41 percent.
B)low.
C)higher than that of state courts.
D)87 percent.

Question 7

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.

Question 8

The burden of proof standard used in civil cases is

A)reasonable doubt.
B)probable doubt.
C)beyond a reasonable doubt.
D)a preponderance of the evidence.

Question 9

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

A)State legislature
B)City government
C)State judiciary
D)U.S.Department of Justice

Question 10

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.

Question 11

The vast majority of cases heard by municipal courts involve

A)minor lawsuits.
B)class B misdemeanors.
C)traffic and parking violations.
D)violations of county ordinances.

Question 12

Appellate proceedings are based on

A)burden of proof.
B)documentary evidence.
C)witnesses.
D)review of law as applied in the original court.

Question 13

Which of the following courts is included in a city's charter?

A)Municipal
B)District
C)Justice of the peace
D)Appeals

Question 14

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.

Question 15

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

A)Original jurisdiction
B)Municipal jurisdiction
C)Appellate jurisdiction
D)Supreme Court

Question 16

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.

Question 17

Which is not an example of a civil suit?

A)Divorce case
B)Breach-of-contract case
C)Arson
D)A challenge to utility rates

Question 18

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

A)Municipal
B)District
C)Justice of the peace
D)Appeals

Question 19

_________ is the power to try a case being heard for the first time.

A)First instance
B)De novo
C)Original jurisdiction
D)Appellate jurisdiction

Question 20

Municipal courts have exclusive jurisdiction over the following except

A)violation of city ordinance.
B)class C misdemeanors.
C)fine of $500 or less.
D)jail sentence.

Question 21

_________ 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.

A)Plea bargaining
B)De novo
C)Pleading no contest
D)A writ

Question 22

Which of the following statements about execution in Texas is correct?

A)Texas has executed individuals who were juveniles at the time of the crime.
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.

Question 23

Duties of the justice of the peace courts may include all of the following except

A)criminal cases where the fine in less than $500.
B)performing marriages.
C)acting as coroner.
D)civil cases where the dispute involves less than $100,000.

Question 24

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

A)Court of Criminal Appeals
B)Court of Appeals
C)U.S.Supreme Court
D)Texas Supreme Court

Question 25

The justice of the peace courts are authorized by

A)a city charter.
B)the commissioners' court.
C)a state statute.
D)the Texas Constitution.

Question 26

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

A)450
B)250
C)456
D)50

Question 27

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

A)common sense court
B)people's court
C)incompetent court
D)fair court

Question 28

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 10 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.

Question 29

Texas has a __________ system of courts of last resort.

A)single
B)dual
C)conservative
D)closed system

Question 30

District court jurisdiction extends to all of the following except

A)felony cases.
B)civil cases exceeding $200.
C)juvenile cases.
D)original jurisdiction for traffic cases.

Question 31

How many courts of appeals does Texas have?

A)254
B)14
C)2
D)36

Question 32

Texas has how many county courts?

A)300
B)254
C)125
D)25

Question 33

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

Question 34

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

Question 35

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 40 hours of legal course work.
D)over 35 years of age.

Question 36

As of January 2014,the state of Texas had executed __________ people since 1982.

A)13
B)254
C)517
D)578

Question 37

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

A)chief trial courts
B)intermediate courts
C)trial courts
D)de novo courts

Question 38

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

A)four
B)six
C)two
D)five

Question 39

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.

Question 40

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

A)five
B)six
C)seven
D)eight

Question 41

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.

Question 42

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.

Question 43

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

A)writ of certiorari.
B)petition for review.
C)bill of attainder.
D)habeas corpus.

Question 44

Trace a criminal case from its original jurisdiction through to the appropriate court of last resort.​

Question 45

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 12 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.

Question 46

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.

Question 47

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
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 48

When an individual is not indicted by a grand jury,a _________ is issued.

A)no bill
B)true bill
C)habeas corpus
D)verdict

Question 49

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?

A)Edgewood v.Kirby
B)Edgewood v.SAISD
C)Edgewood v.Perry
D)Rodriguez v.Edgewood

Question 50

Contrast the characteristics,duties,and procedures of grand juries and trial juries​.

Question 51

An alternative to a grand jury indictment is __________,which is used for minor offenses.

A)a writ of error
B)an arraignment
C)the affidavit
D)the information

Question 52

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

A)Texas plan.
B)Missouri plan.
C)Alabama plan.
D)New Jersey plan.

Question 53

Contrast civil and criminal cases.Be sure to include major differences in procedures and standards for evidence.​

Question 54

Which of the following occurs when a jury is unable to agree on a verdict after a suitable period of deliberation?

A)True bill
B)Hung Jury
C)No bill
D)De novo

Question 55

Most states use the __________ system to select their judges.

A)partisan election
B)nonpartisan election
C)gubernatorial appointment
D)merit

Question 56

Texas officially uses which method to select state judges?

A)Nonpartisan election
B)Merit plan
C)Partisan election
D)Appointment by governor

Question 57

Some Texas grand jurors are selected by which method?

A)A grand jury commission
B)A jury wheel
C)Appointment by the district judge
D)Election by citizens

Question 58

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

A)three
B)five
C)eight
D)two

Question 59

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

A)"runaway" grand juries.
B)"common sense" grand juries.
C)"information" grand juries.
D)"jury wheels."

Question 60

How many members serve in the grand juries in Texas?

A)20
B)12
C)10
D)6

Question 61

Contrast the methods for the selection of judges in Texas with those used in the United States.Which methods support the most equitable system of justice and why?​

Question 62

List the characteristics of the Texas court system as strengths or weaknesses.Be sure to provide a logical argument for why you have labeled each characteristic as a strength or weakness.

Question 63

Is it possible for a jury to be unbiased? Why or why not? What current features of the jury selection process encourage bias and what features encourage impartiality? ​

Question 64

​How do campaign contributions impact the Texas judicial system? Give specific examples.

Question 65

Is minority representation in the judicial system important for a democracy? Why or why not.

Question 66

How does the current method of selecting judges in Texas limit minority representation? What changes to judicial selection would create a more fair system?​