Deck 9: The Judiciary

Question 1

The Texas attorney general's authority to issue advisory opinions permits state agencies to determine the constitutionality of proposed legislation or rules without going to court.

Answer 1

True

Question 2

Most justices of the peace are lawyers.

Answer 2

False

Question 3

Judges,unlike legislators and governors,are generally capable of detaching themselves completely from politics.

Answer 3

False

Question 4

The attorney general represents state agencies when they sue a private individual or another agency or when they are sued.

Question 5

Texas and Mississippi are the only states that split their highest appellate jurisdiction between two courts.

Question 6

When county courts exercise judicial functions,they have appellate jurisdiction but no original jurisdiction in civil and criminal cases.

Question 7

Grand juries determine whether sufficient evidence exists to issue a formal indictment against a person accused of a crime.

Question 8

The Supreme Court issues writs of mandamus,orders that say that lower courts have ruled incorrectly on a legal issue.

Question 9

In Texas,only municipal court judges are not chosen in partisan elections.

Question 10

The chief justice of the Supreme Court is the state's chief legal officer.

Question 11

The highest court in Texas with criminal jurisdiction is called the Supreme Court.

Question 12

Misdemeanors are generally more serious crimes than are felonies.

Question 13

Judges of the Court of Criminal Appeals and justices of the Supreme Court are elected to six-year staggered terms.

Question 14

The Texas Supreme Court has the power to approve the establishment of new schools of law in the state.

Question 15

Most of the cases handled in municipal courts in Texas involve traffic violations.

Question 16

The principal trial courts of the state are the district courts.

Question 17

The district courts usually have jurisdiction over felony criminal trials,divorce cases,suits over title to land,election contests,and civil suits in which the amount of controversy is at least $1,000.

Question 18

The courts of appeals are multi-judge courts that operate without juries.

Question 19

As required by the Texas Constitution,each county in Texas has a constitutional county court.

Question 20

Because the structure of the Texas court system is essentially unchanged since the days of the Republic of Texas,it remains very simple.

Question 21

Justices of the peace in Texas may be responsible for

A) adjudicating DWI cases.
B) probating wills.
C) issuing indictments.
D) hearing appeals from municipal courts.
E) acting as a small claims court.

Question 22

The Department of Public Safety is one of only eight state police agencies across the nation empowered to conduct criminal investigations.

Question 23

In Texas,the legislature and agencies of the executive branch commonly seek the advice of ____ regarding the constitutionality of legislative proposals,rules,and procedures.

A) the State Bar of Texas
B) the Texas Supreme Court
C) the Governor
D) the Attorney General
E) the office of the legislative counsel

Question 24

Midterm vacancies in district courts in Texas are filled by

A) the secretary of state.
B) joint appointment by the speaker of the house and the lieutenant governor.
C) gubernatorial appointment.
D) the attorney general.
E) justices of the peace in the county of the vacancy.

Question 25

The most important factor in allowing citizens to predict how judges will decide cases is their political party.

Question 26

Which judge may serve as a coroner to certify cause of death despite having no medical training?

A) Municipal judge
B) Justice of the peace
C) District judge
D) County court at law judge
E) Supreme Court justice

Question 27

Based upon 2009 statistics,the crime rate as a whole in Texas has declined since the early 1990s.

Question 28

Because Texas requires judicial candidates to finance their election campaigns with private funds,it is not uncommon for contributors to these campaigns to be the very lawyers who will be practicing in these judges' courts if they win office.

Question 29

The mythical vision most Americans hold of judges sees them as all of the following except

A) incorruptible.
B) prejudiced.
C) objective.
D) impartial.
E) nonpolitical.

Question 30

The call to participate on a trial jury is determined by the use of a jury wheel.

Question 31

Functions of the judiciary include all of the following except

A) punishing criminals.
B) settling disputes.
C) interpreting statutory law.
D) drafting constitutional amendments.
E) awarding damages in civil cases.

Question 32

Through early 2011,Texas led the country in the use of capital punishment,with more than 475 people put to death since the death penalty was reinstated in 1982.

Question 33

The principal trial courts in Texas are the ____ courts.

A) municipal
B) justice of the peace
C) county
D) district
E) probate

Question 34

The highest appeals court for criminal matters in Texas is the

A) Supreme Court.
B) Court of Criminal Appeals.
C) Court of Appeals.
D) Court of Grand Appeals.
E) Justice of the Peace.

Question 35

The Texas court with final appellate jurisdiction in civil cases is the

A) District Court.
B) Court of Appeals.
C) Supreme Court.
D) Court of Criminal Appeals.
E) Justice of the Peace Court.

Question 36

Only Texas and ____ split their highest appellate jurisdiction between two courts.

A) Oklahoma
B) Arkansas
C) Louisiana
D) Alabama
E) Georgia

Question 37

Poor and wealthy defendants have an equal chance of being incarcerated or executed.

Question 38

The appellate courts in Texas operate without

A) presentation of factual evidence in a case.
B) political considerations.
C) juries.
D) arguments of legal counsel.
E) written records.

Question 39

Which of the following courts have no civil jurisdiction and deal mainly with violations of traffic laws?

A) Municipal courts
B) Justice of the peace courts
C) County courts at law
D) Constitutional county courts
E) District courts

Question 40

The most publicized advisory opinion issued in recent years by the Attorney General dealt with

A) abortion.
B) affirmative action.
C) school prayer.
D) eminent domain.
E) campaign finance.

Question 41

District and appellate judges in Texas may be removed from office

A) by impeachment after a vote of two-thirds majority of the legislature.
B) by the Attorney General.
C) by removing the judge's funding from the budget.
D) by a state-wide referendum.
E) by the governor.

Question 42

Critics of the judicial selection process in Texas complain that

A) judges' reliance on campaign contributions compromises their independence, and partisan elections permit judges to be corrupted by campaign contributions.
B) partisan elections permit judges to be corrupted by campaign contributions, and the process is undemocratic.
C) the process is undemocratic, and voters should have no role in determining who should be judges.
D) judges' reliance on campaign contributions compromises their independence, and voters should have no role in determining who should be judges.
E) partisan elections permit judges to be corrupted by campaign contributions, and voters should have no role in determining who should be judges.

Question 43

The Texas Fair Defense Act attempts to remedy the problem of unequal justice by establishing

A) a public defenders system in felony cases.
B) a strict code of conduct for attorneys.
C) limits on appeals in death penalty cases.
D) uniform sentencing guidelines.
E) an automatic appeals process for those convicted of crimes.

Question 44

Compare the functions of trial juries and grand juries in Texas.Explain how jurors are selected in most Texas counties.Take a position with regard to the following question: Is the usual method of jury selection adequate to insure fair trials?

Question 45

When an accused person enters a plea of guilty after negotiating a lesser charge,it is known as a

A) good deal.
B) plea bargain.
C) common plea.
D) raw deal.
E) hung jury.

Question 46

The execution of __________________ in 2009 raised questions about whether an innocent man was put to death.

A) Elizabeth Gilbert
B) Johnny Webb
C) Ben Salazar
D) Cameron Todd Willingham
E) Billy Wayne Miller

Question 47

The cases of Ben Salazar,Kevin Byrd,Roy Wayne Criner,and Josiah Sutton illustrate that

A) wealthy defendants have a greater chance of being incarcerated.
B) innocent people have been convicted of crimes and sentenced to prison.
C) the judicial process always works.
D) citizens can have confidence that only the guilty are convicted.
E) only defendants with criminal records are sentenced to death.

Question 48

In Texas,all judges except municipal judges are

A) appointed by the governor.
B) chosen in partisan elections.
C) chosen in nonpartisan elections.
D) elected by the legislature.
E) selected according to a merit plan.

Question 49

The ____ is authorized by the legislature to reprimand or disbar any practicing attorney in the state for fraudulent,dishonest,or unethical conduct.

A) American Bar Association
B) State Bar of Texas
C) Texas Supreme Court
D) Attorney General
E) Governor

Question 50

Discuss the selection of judges in Texas and arguments for and against reforming the system.Assess the current prospects of adopting a different method of judicial selection in Texas.

Question 51

Indictments are issued in Texas by

A) district courts.
B) the prosecuting attorney.
C) trial juries.
D) the law enforcement agency that made the original arrest.
E) a grand jury.

Question 52

Lower-court trial juries consist of ____ members,whereas district court juries consist of ____ members.

A) 3; 9
B) 6; 12
C) 8; 15
D) 9; 18
E) 5; 10

Question 53

Discuss the complexity of the judicial system in Texas.Identify the trial courts in Texas and their relative jurisdictions.Explain what is meant by a "two supreme court" system.

Question 54

A system where the governor makes appointments from a list submitted by a commission and judges must be reapproved in a referendum at regular intervals is called

A) partisan election.
B) nonpartisan election.
C) legislative appointment.
D) gubernatorial appointment.
E) merit selection.

Question 55

When a grand jury issues an indictment,this means that

A) a defendant is guilty of the charges against him.
B) the Governor is eligible to pardon the defendant.
C) enough evidence exists to justify official charges against a defendant.
D) a prosecutor is ready to drop the case against the defendant.
E) a convict must be released from prison.

Question 56

Discuss classical notions regarding whether judges should be "politicians in black robes." Explain why,in modern times,these classical notions of judges being "above politics" express an impractical idealism.

Question 57

Discuss the factors that account for charges of unequal justice in Texas and give examples.Explain how the state has acted to try to mitigate those problems.