Deck 5: The Court System in Texas

Question 1

Which method of judicial selection leads to the highest degree of judicial responsiveness?

A) election by legislature
B) merit/Missouri method
C) nonpartisan election
D) appointment by governor

Answer 1

C

Question 2

Most voters go to the election booth with scant knowledge about the qualifications of judicial candidates,and they often end up voting

A) on advice from a trusted family friend.
B) for the first name in a list of candidates.
C) by name familiarity.
D) only on issues that they are familiar with, skipping the judicial candidates.

Answer 2

C

Question 3

How are trial court judges selected in Texas?

A) the Missouri system
B) retention election
C) partisan election
D) gubernatorial appointment

Answer 3

C

Question 4

In Texas,criminal appeals involving the death penalty are heard by

A) the Court of Appeals.
B) superior courts.
C) the Court of Criminal Appeals.
D) district courts.

Question 5

How are supreme court judges selected in Texas?

A) the Missouri system
B) retention election
C) partisan election
D) gubernatorial appointment

Question 6

What is the highest court for criminal cases in Texas?

A) the Court of Appeals
B) the Texas Supreme Court
C) the Court of Criminal Appeals
D) both the Texas Supreme Court and the Court of Criminal Appeals

Question 7

Why does the U.S.have a dual court system?

A) the existence of both Spanish law and English law from the colonial era
B) the federal system of government
C) Article I of the U.S. Constitution
D) the legal principle of stare decisis

Question 8

The highest number of states select judges through

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

Question 9

What is the most important difference between trial and appellate courts?

A) deciding points of fact versus points of law
B) the level of citizen participation
C) the number of judges
D) jurisdiction

Question 10

The lowest number of states select judges through

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

Question 11

Which method of judicial selection leads to the lowest level of judicial competence?

A) appointment by governor
B) merit/Missouri method
C) election by legislature
D) partisan election

Question 12

What are the two kinds of county courts?

A) constitutional county courts and county courts at law
B) trial courts and appellate courts
C) misdemeanor courts and felony courts
D) primary and secondary jurisdiction courts

Question 13

In most states,which courts hear major criminal and civil cases?

A) district courts
B) major trial courts
C) superior courts
D) All of these answers are correct.

Question 14

Most court cases in Texas deal with

A) criminal complaints.
B) policy questions.
C) controversies between individuals.
D) hypothetical complaints and other questions of law.

Question 15

How many elections must a judge win prior to being seated on the bench under the Texas partisan election system?

A) 0
B) 1
C) 2
D) 3

Question 16

The highest percentage of Texas inmates are

A) white.
B) black.
C) Hispanic.
D) Native American.

Question 17

The ________ Amendment guarantees citizens in each state due process and equal protection of the law regardless of race,ethnicity,or gender.

A) First
B) Fifth
C) Twelfth
D) Fourteenth

Question 18

The merit system used to identify and select judges is also known as

A) the Missouri system.
B) retention election.
C) the partisan election system.
D) the gubernatorial appointment system.

Question 19

JP courts in Texas can do all of the following EXCEPT

A) issue arrest warrants.
B) serve as small claims courts.
C) hear criminal misdemeanor cases.
D) hear traffic ticket appeals.

Question 20

In 1984,many incumbent Democratic judges lost their seats in large urban counties to unknown Republican challengers because of

A) straight ticket voting.
B) the move toward two-party competitiveness.
C) gerrymandering.
D) the cyclical off-year election trend.

Question 21

Of the following,who is most likely to be appointed to his or her initial seat on the court in Texas?

A) a supreme court justice
B) a district court judge
C) the justice of the peace
D) a municipal court judge

Question 22

Discuss the two kinds of state courts and four principle ways they differ from each other.

Question 23

In Texas as elsewhere,the criminal justice system should serve three broad purposes:

A) rehabilitation, deterrence, and punishment.
B) punishment, deterrence, and redemption.
C) redemption, punishment, and rehabilitation.
D) rehabilitation, reconciliation, and retribution.

Question 24

Discuss how the partisan judicial election system could contribute to a judiciary that is more responsive to concerns of large corporations and law firms versus those of the common citizen.

Question 25

Examine the Texas partisan judicial elective system and why it might be better called an "appointive-elective" system.

Question 26

What is the "age of majority" in Texas with regard to civil and criminal responsibility before the law?

A) 16
B) 17
C) 18
D) 21

Question 27

Which state leads the nation in the number of prisoners executed?

A) Louisiana
B) Florida
C) California
D) Texas

Question 28

Which method of judicial selection leads to the lowest degree of judicial independence?

A) appointment by governor
B) merit/Missouri method
C) election by legislature
D) partisan election

Question 29

In 2013,Texas's incarceration rate was _____ in the nation.

A) the highest
B) fifth highest
C) fourteenth highest
D) thirty-first highest

Question 30

Which Texas courts can hear appeals,and what types of appeals do they hear?

Question 31

What U.S.Supreme Court case in 1972 outlawed the death penalty because it was unfairly applied to many crimes and because of the lack of safeguards in place in many states?

A) Furman v. Georgia
B) Lawrence v. Texas
C) Gregg v. Louisiana
D) Wilson v. Alabama

Question 32

Since 1980,crime rates in Texas

A) have risen significantly.
B) have stayed about the same.
C) have fallen significantly.
D) have trended in the opposition direction as national crime rates.

Question 33

The Texas Government Code allows jurisdictions to draw upon which source(s)for jury selection?

A) registered voters only
B) licensed drivers only
C) jury pool volunteers only
D) both registered voters and licensed drivers

Question 34

Free or reduced-fee legal representation is known as

A) public defense.
B) pro bono.
C) the Texas Bar Association's Lawyers Giving Back program.
D) the Texas indigent client program.

Question 35

Which method for removing judges for misconduct is used by the fewest states?

A) impeachment
B) recall elections
C) removal by the governor after a hearing
D) removal by the legislature

Question 36

Why do political candidates often use the "tough on criminals" campaign strategy?

A) Polls have indicated that crime is the number-one issue with voters.
B) It is a safe issue that offends few voters.
C) They tend to take the "if it bleeds, it leads" approach.
D) None of these answers is correct.

Question 37

Which state has the highest rate of incarceration?

A) Missouri
B) Louisiana
C) Alabama
D) Texas

Question 38

Texas uses ________ to review the facts and decide whether enough evidence exists to try cases.

A) Article 32 hearings
B) grand juries
C) administrative hearings
D) both grand juries and administrative hearings

Question 39

Which state leads the nation in the number of prisoners sentenced to death?

A) Louisiana
B) Florida
C) California
D) Texas

Question 40

Which method of judicial selection is a system left over from colonial America?

A) partisan election
B) election by the legislature
C) appointment by the governor
D) nonpartisan election

Question 41

What factors often hinder the selection of the best possible judges in Texas? How could the judicial selection process be reformed to mitigate these factors?

Question 42

What are the two types of juries? Explain each,how they function,and how the jury pool is formed.

Question 43

Why was the death penalty found unconstitutional in 1972,and how was it restored? Provide an argument for or against the death penalty.

Question 44

In what ways can Texas judges be disciplined or removed from office,and for what reasons?

Question 45

How is juvenile justice handled in Texas? How could it be improved?

Question 46

How does income level affect the amount and quality of legal services a person receives in Texas?