Deck 10: Laws, Courts, and Justice

Question 1

The Texas Constitution and state law grant the government the authority to take a person's life, property, and liberty

A) whenever a prosecutor deems necessary.
B) under appropriate circumstances.
C) under the any circumstance.
D) without a court order.

Answer 1

B

Question 2

The duty of a coroner's office in Texas is to

A) enforce the orders of a court.
B) determine the cause of death in certain circumstances.
C) perform autopsies on the bodies of all deceased persons.
D) make the official pronouncement of death at an execution.

Answer 2

B

Question 3

An operator of an automobile repair shop cannot collect a bill of $426.42 from a customer. Where would the most convenient place be for the operator to sue to recover his money?

A) Municipal court
B) State district court
C) Justice of the Peace court
D) County court at law

Answer 3

C

Question 4

Justices of the peace in Texas have jurisdiction over all the following, except

A) divorces.
B) small claims.
C) marriages.
D) traffic violations.

Question 5

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with

A) original jurisdiction.
B) appellate jurisdiction.
C) ultimate jurisdiction.
D) geographic jurisdiction.

Question 6

Law made by legislative bodies is called

A) statutory law.
B) common law.
C) constitutional law.
D) prerogative law.

Question 7

The term court of record means that the

A) cases may not be appealed from these courts.
B) decisions of the judges are recorded and published.
C) transcript of court proceedings is made by a stenographer.
D) proceedings may be audiotaped or videotaped for public release.

Question 8

The term misdemeanor refers to a

A) crime less serious than a felony.
B) crime more serious than a felony.
C) matter of juvenile law.
D) civil law matter.

Question 9

A collection of laws relating to the same subject and presented in an organized manner is called a(n)

A) code.
B) ordinance.
C) statute.
D) jurisprudence.

Question 10

Which one of the following courts is not mentioned in the Texas Constitution?

A) Municipal courts
B) Justice of the peace courts
C) County courts
D) District courts

Question 11

Which scientific development has shown that some persons sentenced to death actually did not commit the crime?

A) DNA testing
B) finger print analysis
C) hair-strand analysis
D) electro-encephalography

Question 12

A violation of the Arlington municipal fire code would be tried in the

A) Tarrant County court at law.
B) district court in Tarrant County.
C) Arlington municipal court.
D) Tarrant County justice of the peace.

Question 13

Disputes concerning business contracts, divorce, family matters and personal injury involve

A) criminal law.
B) natural law.
C) civil law.
D) civil felonies.

Question 14

A case involving a business contract falls under which branch of law?

A) Civil
B) Criminal
C) Constitutional
D) Admiralty

Question 15

The court that requires no qualifications to be a judge is a

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

Question 16

Of the judges of local courts, which must be an attorney licensed to practice law in Texas?

A) Municipal judge
B) Justice of the peace
C) Constitutional county judge
D) County court at law judge

Question 17

When a case can be heard by only one court, that court is said to have

A) absolute jurisdiction.
B) ultimate jurisdiction.
C) exclusive jurisdiction.
D) final jurisdiction.

Question 18

A court that has specific authority to decide a particular type of case has

A) concurrent jurisdiction.
B) exclusive jurisdiction.
C) civil jurisdiction.
D) original jurisdiction.

Question 19

A court that hears and decides cases tried for the first time has

A) original jurisdiction.
B) appellate jurisdiction.
C) civil jurisdiction.
D) ultimate jurisdiction.

Question 20

The function of small claims courts in Texas is mainly performed by

A) federal judges in small counties.
B) justices of the peace.
C) state district courts.
D) municipal courts.

Question 21

Which of the following courts lacks criminal jurisdiction?

A) State District Courts
B) Texas Supreme Court
C) State Courts of Appeals
D) Texas Court of Criminal Appeals

Question 22

Texas courts that have exclusive original jurisdiction over slander are

A) state district courts.
B) justice of the peace courts.
C) probate courts.
D) county courts at law.

Question 23

The short-term method for relieving overcrowded court dockets in Texas is to

A) limit the type of cases that courts may handle.
B) bring in a temporary judge or use an ADR.
C) utilize the "change of venue" procedure.
D) order a two-year delay in the case to give the docket time to clear.

Question 24

The State Bar of Texas has the authority to take all the following actions, except to

A) suspend attorneys.
B) disbar attorneys.
C) discipline attorneys.
D) impeach attorneys.

Question 25

The court that is responsible for formulating the rules of civil procedure is the

A) Texas Court of Criminal Appeals.
B) U.S. Supreme Court.
C) Texas Supreme Court.
D) county courts at law.

Question 26

In Texas, nearly all judges are chosen by a

A) legislative committee.
B) partisan election.
C) non-partisan election.
D) nominations council.

Question 27

A citizen who believes an attorney has behaved unethically while representing him or her should file a complaint with the

A) district attorney in his or her county.
B) Attorney General of Texas.
C) Commission on Judicial Conduct.
D) Texas Supreme Court.

Question 28

The most important role in disciplining judges is now played by the

A) Texas Attorney General's office.
B) legislative "address" or impeachment process.
C) threat of defeat at the next election cycle.
D) Texas Commission on Judicial Conduct.

Question 29

Many lawyers are rated by their fellow attorneys in the areas of legal ability and ethics in the

A) Civil and Criminal Guide.
B) Martindale-Hubbell Legal Directory.
C) Ethics Journal of Law.
D) Texas Lawyers Guide.

Question 30

The validity of a contested will is decided by a

A) justice of the peace.
B) municipal court.
C) court of appeals.
D) probate court.

Question 31

State district courts have civil jurisdiction in all the following instances, except

A) divorce.
B) contested wills.
C) land titles.
D) municipal ordinances.

Question 32

The Texas Supreme Court would not hear an appeal if the

A) case involved a school bond election.
B) Texas Railroad Commission was a party.
C) case involved money owed the state by a depository bank.
D) court of appeals decided the case in a manner contrary to another court of appeals.

Question 33

Implementing reforms in the method and procedure for selecting Texas judges would likely require

A) substantial revision of the Texas Constitution.
B) only statutory action by the legislature.
C) gubernatorial proclamation to put into force.
D) amending the U.S. Constitution.

Question 34

Which of the following courts mainly exercises original jurisdiction?

A) State District Courts
B) Texas Supreme Court
C) State Courts of Appeals
D) Texas Court of Criminal Appeals

Question 35

Which statement regarding the appellate division of the Texas courts is incorrect?

A) All courts have more than one justice.
B) All justices are popularly elected for six-year terms.
C) District courts are appellate when hearing appeals of probate cases.
D) Justices must be attorneys with prior legal or judicial experience.

Question 36

The type of case appealed directly to the Texas Court of Criminal Appeals is that of a

A) first-degree felony conviction.
B) state jail (fourth-degree) felony conviction.
C) capital felony conviction with imposed death sentence.
D) capital felony conviction, regardless of the length of sentence.

Question 37

Texas is divided into ______ appeals court districts?

A) 10
B) 12
C) 14
D) 16

Question 38

The Texas Supreme Court does all the following, except

A) appoint the members of the Board of Law Examiners.
B) write the Rules of Civil Procedure subject to legislative veto.
C) fill vacancies in state district courts when they arise.
D) transfer cases from one court of appeals district to another to balance the caseload.

Question 39

To be a practicing attorney in the State of Texas, a lawyer must be

A) a member of the State Bar of Texas.
B) licensed by the Texas Supreme Court.
C) registered with the National Lawyers Guild.
D) a member of the Texas Trial Lawyers Association.

Question 40

The State Bar of Texas performs all the following functions, except

A) provide continuing legal education.
B) discipline, suspend or disbar attorneys.
C) promote high standards of ethical conduct.
D) rate and publish the qualifications of lawyers.

Question 41

The instrument that formally accuses a person of having committed a high felony and orders that person to trial is a(n)

A) information.
B) indictment.
C) verdict.
D) opinion.

Question 42

Approximately one-third of all lawsuits are tried by a (an)

A) jury.
B) judge.
C) arbiter.
D) commissioner.

Question 43

What is the mission of the Texas Commission on Jail Standards?

A) To determine whether a county needs a jail
B) To enforce minimum health and safety requirements for county jails
C) To review safety procedures at state run facilities.
D) To transfer prisoners from county jails to state felony jails

Question 44

The court system has the legal authority to the make the rules of civil procedure, however, these rules

A) may not conflict with any general laws of the state.
B) may not conflict with the rules of the State Bar of Texas.
C) often conflict with the rules of the State Bar of Texas.
D) often do conflict with the general laws of the state.

Question 45

Which would not be subject to enhancement under the Texas Penal Code?

A) A crime committed by a street gang
B) A crime motivated by racial hatred
C) A crime committed by a repeat offender
D) A charge of two offenses in the same criminal episode

Question 46

a lawyer's compensation based on a percentage of a winning lawsuit is known as a

A) retainer.
B) contingency fee.
C) rebate.
D) kick-back.

Question 47

Qualifications for serving on a trial jury in Texas include all the following except

A) be at least 18 years of age.
B) be able to read and write English.
C) be a citizen of the United States.
D) be a resident of the state of Texas.

Question 48

A panel of prospective jurors, chosen by random selection, is called a

A) voir dire.
B) venire.
C) peremptory challenge.
D) stratified sampling.

Question 49

Rehabilitation of Texas prison inmates is most likely to be successful if the inmate

A) makes frequent application for parole.
B) goes through the state release procedures.
C) participates in the Prison Fellowship Ministries.
D) serves his full sentence and is not released on parole.

Question 50

Indictments are prepared in grand jury proceedings if at least _________ members decide that there is enough evidence to warrant a trial.

A) six
B) twelve
C) nine
D) seven

Question 51

The stated purposes of the Texas Department of Criminal Justice include all the following, except to

A) assist crime victims.
B) provide for public safety.
C) punish law breakers.
D) promote positive behavioral change.

Question 52

The minimum sentence for a capital felony is

A) death by lethal injection.
B) life with the possibility of parole.
C) ninety-nine years to life.
D) life without parole.

Question 53

The process by which attorneys question potential jurors is called

A) venire.
B) voir dire.
C) stratified sampling.
D) peremptory challenging.

Question 54

In a civil jury trial in a state district court, the judge

A) finds the fact, and the jury applies the law.
B) applies the law, and the jury finds on the facts.
C) applies the law and consults with the jury to find the fact.
D) maintains order in the court, while the jury finds the fact and applies the law.

Question 55

The injured party in a civil case is formally referred to as the

A) defendant.
B) victim.
C) plaintiff.
D) law of parties.

Question 56

The term plaintiff refers to the person who

A) files criminal charges.
B) is a witness in a civil suit.
C) initiates a civil suit.
D) specializes in tort cases.

Question 57

According to statistics compiled by the Texas Department of Criminal Justice, two characteristics shared by inmates in state prisons are

A) illiteracy and mental retardation.
B) poor education levels and substance abuse.
C) mental retardation and having been abused as a child.
D) having been abused as a child and illiteracy.

Question 58

Grand juries in Texas are composed of __________ members.

A) six
B) twelve
C) both six and twelve
D) forty

Question 59

What are the stated purposes for which Texas imprisons felons?

A) To achieve vengeance and pay restitution to crime victims
B) To punish, rehabilitate and isolate offenders, and deter crime
C) To make the prisons self-supporting and isolate offenders from society
D) To eliminate the drug problem and deter other persons from committing crimes

Question 60

Petit or trial juries in Texas are composed of __________ members.

A) six
B) twelve
C) either six or twelve
D) three

Question 61

There are two sides to the tort reform issue; justify both and explain why the groups arrayed on each side of the issue took the positions they did. In your judgment, should punitive damages in tort matters be limited?

Question 62

Describe the structure and roles of the three local trial courts in Texas (those below the state district courts). Who are their officers, and how are these persons chosen? What is their jurisdiction, and where are cases appealed?

Question 63

Both TDCJ and TJJD collect DNA samples of all inmates convicted of a

A) misdemeanor.
B) civil offense.
C) class A offense.
D) felony offense.

Question 64

A juvenile who is arrested in Texas is most likely to be

A) incarcerated by the Texas Juvenile Justice Department.
B) simply counseled and then released.
C) placed in a county juvenile detention facility.
D) certified to stand trial as an adult.

Question 65

The term adjudication hearing refers to __________ in juvenile law.

A) a grand jury indictment
B) a trial
C) an appellate review
D) a parole procedure

Question 66

Juvenile courts are considered __________ rather than criminal courts.

A) felony courts
B) punitive courts
C) probate courts
D) civil courts

Question 67

County jails are employed for all of the following purposes in Texas except to

A) house persons arrested pending trial, and have been denied bond.
B) confine persons convicted of misdemeanor criminal offenses.
C) house inmates convicted of felonies pending transfer to state facilities.
D) confine persons who are unable to pay their civil debts.

Question 68

The term alternative dispute resolution refers to

A) parole and probation.
B) mediation and arbitration.
C) audit and comptroller.
D) reverse and reform.

Question 69

Describe the scientific testing process that may exonerate or confirm a capital felony conviction. Explain how those exonerated are compensated by the state of Texas.

Question 70

Wrongful imprisonment by the state in Texas

A) cannot happen under our current system.
B) has been shown to be a possibility.
C) would result in a formal apology from the governor.
D) means that the prisoner is eligible to receive state health coverage.

Question 71

The agency created to investigate complaints regarding faulty evidence in a criminal case is the

A) Criminal Justice Committee.
B) Texas Forensic Science Commission.
C) Texas Criminal Justice System.
D) Committee to Stop the Death Penalty.

Question 72

The 1990s and early 2000s have seen much heated debate on tort reform. What is a tort? What reforms were made by the 74th Legislature in 1995 and considered by the 78th in 2003, and what has been the result?

Question 73

Explain capital felony law in Texas. Include in your discussion a definition of capital felony, what the jury must consider, and its sentencing options.

Question 74

Defend your position on the following two issues: should all judges be attorneys and should judges be elected or appointed?

Question 75

Describe the structure and roles of the "state" courts (both original and appellate jurisdiction). Explain why Texas has two high courts of (final) appeals.

Question 76

How does the state punish persons it has convicted of criminal offenses? Discuss the developments in this matter since 1980. Can crime be reduced? If so, how? If not, what should the state's policy be regarding the continued increase in the prison population?

Question 77

Describe the steps the state must follow to obtain a felony conviction. Include any pre-trial, trial, and post trial procedures. Include the role of juries in your answer.

Question 78

Review the history of capital punishment in Texas. There are two sides to the capital punishment debate: Those in favor and those against capital punishment. What are the arguments put forth by each side in support of their position?