Question 1

Constitutional county courts have exclusively criminal jurisdiction.

Accepted Answer

Constitutional county courts have both criminal and civil jurisdiction.

Question 2

The Texas Constitution requires that justices of the Texas Supreme Court be

Accepted Answer

The Texas Constitution requires that justices of the Texas Supreme Court be at least 35 years of age and a practicing attorney or judge for a court of record for at least 10 years. This is stated in Article 5, Section 2 of the Texas Constitution. Option B is the only choice that meets all the requirements mentioned in the question.

Question 3

The role of the Texas courts of appeal is to look for

Accepted Answer

The Texas courts of appeal are responsible for reviewing cases appealed from lower courts to ensure that the law was applied correctly. They look for errors in the application of the law, rather than new evidence or evidence of mental illness. While DNA testing may be a consideration in some cases, it is not the primary role of the courts of appeal. Additionally, the selection of jurors is not within the purview of the appellate courts.

Question 4

When does the governor of appoint judges in Texas?

Accepted Answer

In Texas, the governor has the authority to appoint judges when there is a vacancy on a state court. This process is used to fill positions until the next general election.

Question 5

Which of the following is a criticism of the partisan process of electing judges in Texas?

Accepted Answer

Financial contributions from parties with business before the court can create the appearance of impropriety and may compromise a judge's ability to remain impartial. This raises questions about the fairness and integrity of the judicial system.

Question 6

Only Texas and Oklahoma have two supreme courts.

Accepted Answer

Texas and Oklahoma have two separate supreme courts – a civil supreme court and a criminal supreme court. Other states in the US only have one supreme court.

Question 7

In a civil trial in a state district court in Texas,how many jurors must agree in order to render a verdict?

Accepted Answer

In a civil trial in a state district court in Texas, a verdict can be rendered with a vote of ten of the twelve jurors. This rule allows for some dissent among jurors, unlike the requirement for unanimity in criminal trials.

Question 8

The judicial branch of the Republic of Texas under the Constitution of 1836 called for the Congress to create a supreme court and inferior courts with judges appointed by Congress,and for counties to create county and justice of the peace courts with judges popularly elected.

Accepted Answer

This statement is true. The Constitution of 1836 did call for the creation of a supreme court and inferior courts appointed by Congress, as well as county and justice of the peace courts with judges elected by the people in each county.

Question 9

Assume that you are a landlord in Texas wishing to remove tenants from your property.To do so,you will file a forcible entry and detainer action in a justice of the peace court.

Accepted Answer

In Texas, landlords who wish to remove tenants from their property can file a forcible entry and detainer action in a justice of the peace court. This is a legal process that allows landlords to evict tenants who have violated the terms of their lease or rental agreement. So, the statement is true.

Question 10

Since the 1940s,a(n)______ system of selection has been proposed for Texas judges by the bar association.

Accepted Answer

The merit system of selection has been proposed for Texas judges by the bar association since the 1940s. This system involves the appointment of judges based on their qualifications and performance, rather than by partisan election or other factors. Under the merit system, judges are typically appointed by a commission or committee, which evaluates their experience, education, and other credentials, and makes recommendations to the governor or other executive authority for appointment. This system is intended to ensure that judges are selected based on their ability to perform the duties of their office impartially and without political bias, and has been adopted by many states as a way to improve the professionalism and integrity of the judiciary.

Question 11

You are an attorney and prior to trial you are attempting to establish the trial's scope with questions about what evidence is admissible and what witnesses may testify about.These and other similar issues are determined in the

Accepted Answer

Pretrial motions are used to determine what evidence is admissible and what witnesses may testify about, among other issues. This process helps to establish the scope of the trial and ensure that the proceedings are fair and just.

Question 12

Which of the following is included in the Judicial Campaign Fairness Act of 1995?

Accepted Answer

The answer of Which of the following is included in...

Question 13

A body impaneled by a district judge to sit and consider felony criminal cases presented by the prosecutor for possible indictment in a given jurisdiction is known as a

Accepted Answer

A grand jury is a body impaneled by a district judge to sit and consider felony criminal cases presented by the prosecutor for possible indictment in a given jurisdiction. Petit juries and trial juries are used during the actual trial to hear evidence and determine guilt or innocence. A hung jury is a jury that is unable to reach a verdict. A tryer of fact is a term that can refer to either a jury or a judge who is responsible for determining the facts of a case.

Question 14

In most instances,a police officer seeking an arrest warrant from a magistrate must meet the requirements of probable cause,which are

Accepted Answer

Probable cause for an arrest warrant requires tangible evidence indicating that a crime was committed and that the person named in the warrant committed the offense. This standard is less than "beyond a reasonable doubt" but requires more than just a suspicion or a minimal amount of evidence.

Question 15

If a person is convicted of the death penalty in Texas,his or her conviction is automatically appealed to the

Accepted Answer

If a person is convicted of the death penalty in Texas, his or her conviction is automatically appealed to the Texas Court of Criminal Appeals. This is the highest court of criminal appeals in Texas and has jurisdiction over all criminal cases, including death penalty cases. The court is responsible for reviewing the case to determine if any errors were made during the trial, and if the death penalty is deemed appropriate.

Question 16

The Texas Constitution establishes a constitutional county court in most (but not all)of the state's 254 counties.

Accepted Answer

The answer of The Texas Constitution establishes a constitutional county...

Question 17

Assume you are a criminal defendant.During your arraignment before the judge,you inform the judge that you have agreed to admit guilt to a crime in order to receive a lesser punishment.This procedure is called

Accepted Answer

The procedure described in the scenario is a plea bargain, where the defendant agrees to plead guilty in exchange for a reduced sentence. An indictment is a formal charge presented by a grand jury, a friend of the court action is when someone who is not a party to a case provides information or opinions to assist the court, a plea of nolo contendere (no contest) is a plea where the defendant does not admit guilt but agrees to punishment, and a parole waiver is a document waiving the defendant's right to parole.

Question 18

In a criminal trial in a state district court in Texas,how many jurors must agree in order to render a verdict?

Accepted Answer

In a criminal trial in a state district court in Texas, a unanimous vote of the twelve jurors is required in order to render a verdict. This means all twelve jurors must agree on the verdict, either guilty or not guilty.

Question 19

Criminal defendants can waive their right to a jury trial unless the charge is

Accepted Answer

In the United States, the right to a jury trial is a fundamental aspect of the criminal justice system, protected under the Sixth Amendment to the U.S. Constitution. However, defendants can waive this right for most charges, except in cases of capital murder where the death penalty may be imposed. In capital cases, the law requires a jury to determine the guilt and appropriate sentence, ensuring a collective and community-based decision-making process for the most severe punishment.

Question 20

Who is the current Texas Supreme Court Chief Justice?

Accepted Answer

The current Texas Supreme Court Chief Justice is Wallace Jefferson. Option A, William Rehnquist, served as the Chief Justice of the United States, not the Texas Supreme Court. Option B, Tom Phillips, served as the Chief Justice of the Texas Supreme Court from 1988-2004. Option D, Alberto Gonzales, served as a Justice of the Texas Supreme Court, but not as the Chief Justice. Option E, John Roberts, is the current Chief Justice of the United States, not the Texas Supreme Court.

Quiz 20: The Texas Judiciary