Deck 6: Texas Judicial System

Question 1

Judicial federalism describes a system in which judicial authority is ______.

A) divided among levels of government
B) shared among levels of government
C) defined according to county and district lines
D) defined at the national level
E) defined at the local level

Answer 1

B

Question 2

The party claiming to have been wronged and bringing a suit is called the ______.

A) plaintiff
B) prosecutor
C) petit jury
D) adjunct
B) defendant

Answer 2

A

Question 3

A court's jurisdiction defines that court's ______.

A) size of jury used in criminal cases
B) sphere of authority
C) proximity to the Legislative Budget Board
D) voting population
E) length of term

Answer 3

B

Question 4

How many of the twelve grand jurors must vote to issue an indictment?

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

Question 5

Which of the following is a characteristic of district courts in Texas?

A) There are fewer than 200 district courts in Texas.
B) District court judges are elected in nonpartisan contests.
C) District courts in Texas handle cases involving not more than $5,000.
D) District courts have original criminal jurisdiction in all felony cases.

Question 6

The party alleged to have committed the wrong at issue in a suit is called the ______.

A) plaintiff
B) prosecutor
C) petit jury
D) adjunct
E) defendant

Question 7

Which of the following is a characteristic of county-level trial courts in Texas?

A) There are more than 10,000 county-level courts.
B) County-level courts have jurisdiction over felony cases.
C) Some county-level courts have original jurisdiction, but none have appellate jurisdiction.
D) Most county-level court judges are appointed by county commissioners.
E) The Texas Constitution created some county-level courts, and some have been created by the state legislature.

Question 8

In the Introduction to Chapter 6, the authors raise important questions regarding the judiciary in Texas. Which of the following is NOT one of the important questions raised?

A) the issue of how judicial officers can be subject to disciplinary action
B) the issue of whether the complexity of the judicial system can conflict with creating justice
C) the issue of the U.S. Supreme Court becoming involved in too many Texas judicial rulings
D) the tendency toward secrecy of the Commission on Judicial Conduct
E) the ad hoc nature of the court system that makes it lack cohesion

Question 9

A court with original jurisdiction hears ______ cases.

A) only civil
B) only criminal
C) only federal
D) only appeals
E) only initial

Question 10

Which of the following is a characteristic of courts of appeals in Texas?

A) There are fourteen intermediate appellate courts with eighty justices.
B) Each court of appeals hears cases with a twenty-member jury.
C) Cases from the intermediate appellate courts go directly to the U.S. Supreme Court.
D) Court of appeals justices serve four-year terms.
E) Courts of appeals are administered by county governments.

Question 11

Which of the following is an alternative method of judicial selection compared to what Texas uses today?

A) all judges being elected
B) all judges being appointed with no election process
C) judicial seats being filled by the governor until the next election
D) the legislature being able to impeach unethical judges
E) the judicial branch being able to recommend the removal of judges for questionable behavior

Question 12

Which of the following is not a problem in the Texas judiciary?

A) the perception that justice can be "for sale" in Texas
B) the number of justices with no legal training
C) the problem of overlapping jurisdictions in the Texas court system
D) the problem of the Texas Legislature appointing judges based on partisanship
E) the court system's cumbersome nature due to ad hoc creation of powers

Question 13

Which of the following accurately explains the meaning of en banc?

A) the call for special legislation sessions
B) an appeal that is heard by a select panel of judges
C) an appeal that is heard by the entire court of appeals
D) a judge following a governor's executive order
E) judicial proceedings dealing with last wills and testaments

Question 14

Punitive damages relate to each of the following EXCEPT ______.

A) monetary awards to the injured party
B) larger monetary awards designed to punish the defendant
C) monetary awards designed to send a message to the larger society
D) awards to be distributed among the public
E) amounts determined by the court in a civil case

Question 15

The authors cite reasons as to why the Texas court system is more confusing than it needs to be. Which of the following is a contributor to this confusion?

A) the jurisdiction of Texas courts
B) the involvement of the U.S. Supreme Court in most Texas judicial rulings
C) the fact that no changes or updates to the system have been made since the original Texas Constitution was written
D) the difficult requirements to serve as a judge or justice
E) the wide variation in costs to file claims in Texas courts

Question 16

Which of the following is a characteristic of local trial courts in Texas?

A) There are more than 5,000 municipal courts and justice of the peace courts.
B) Municipal courts and justice of the peace courts handle only appellate cases.
C) Municipal courts and justice of the peace courts handle only felony cases.
D) Local trial courts in Texas handle cases involving not more than $10,000.
E) Municipal courts have jurisdiction over most civil matters.

Question 17

A merit system for selecting judges has been suggested to encourage the selection of ______ and ______ justices.

A) wealthy; male
B) white; male
C) female; minority
D) female; wealthy

Question 18

Compensatory damages relate to ______.

A) monetary awards to the injured party
B) larger monetary awards designed to punish the defendant
C) monetary awards designed to send a message to the larger society
D) awards to be distributed among the public
E) fines to be paid to the state

Question 19

Texas's highest appellate court level ______.

A) is the Supreme Court of Texas
B) is the Court of Criminal Appeals
C) has jurisdiction only in municipal cases
D) is made up of judges directly appointed by the president of the United States
E) is the Supreme Court of Texas and the Texas Court of Criminal Appeals

Question 20

Criminal cases involve individuals ______.

A) charged with violating laws of the state
B) sued for damages by another individual
C) who ask a court of law to resolve an issue
D) who may appeal to the federal courts
E) under contractual agreement

Question 21

Judicial federalism involves ______.

A) multiple levels of courts
B) a single level of court
C) federal court oversight
D) original jurisdiction, but no appellate jurisdiction

Question 22

In 2012, the Commission on Judicial Conduct refused to comply with ______.

A) the governor
B) the Supreme Court
C) the Sunset Advisory Commission
D) the president of the United States

Question 23

A preponderance of evidence is a key measure of evidence during a ______.

A) criminal trial
B) grand jury
C) petit jury
D) civil trial

Question 24

Merit systems tend to favor the selection of male justices.

Question 25

The judicial system was historically dominated by Republicans.

Question 26

The Texas justice system is dominated by ______.

A) women
B) African Americans
C) religious leaders
D) men

Question 27

Misdemeanors never carry jail time, only fines or probation.

Question 28

Judges have been cited by the Commission on Judicial Conduct.

Question 29

The benefit that many incumbents have during an election is ______.

A) newcomer status
B) youth
C) name recognition
D) having no record to criticize

Question 30

In the Texas justice system, the most prominent type of judge is______ judges.

A) female
B) African American
C) religious
D) wealthy

Question 31

A capital felony is a crime that ______.

A) involves theft over $200,000
B) involves arson
C) involves theft over $500,000
D) can result in the death penalty

Question 32

No judges in Texas have been cited by the Commission on Judicial Conduct.

Question 33

District courts have original jurisdiction over all of the following EXCEPT ______.

A) capital felonies
B) third-degree felonies
C) class B misdemeanors
D) state jail felonies

Question 34

A per curium opinion is an opinion that represents ______.

A) only some of the justices
B) the whole court, without individual judges' signatures
C) the whole court, with individual signatures
D) the opinion and signatures of the justices who disagreed

Question 35

The current judicial selection method in Texas is a merit system.

Question 36

The authors argue that Texans have inadvertently placed control of the judicial system into the hands of ______.

A) the governor
B) the attorney general
C) big campaign donors
D) liberals

Question 37

Straight-ticket voting is illegal in Texas.

Question 38

One mechanism to remove judges from office in the state of Texas is through ______.

A) letter campaigns
B) elections
C) initiatives
D) petitions

Question 39

Texans resist change in the judicial system because they ______.

A) like the current system
B) trust elected judges
C) want judges to be close to corporate interests
D) distrust government

Question 40

Damages designed to punish the defendant in a civil case are called ______.

A) compensatory damages
B) double-pass damages
C) restitution
D) punitive damages

Question 41

What is the most salient difference between Texas's two highest appeals courts?

Question 42

Discuss the differences between original and appellate jurisdiction.

Question 43

Texas has one final court of appeals.

Question 44

Appellate jurisdiction tells us the court in which a case begins.

Question 45

Discuss problems in the Texas judiciary.

Question 46

Discuss the difference between the burden of proof in civil and criminal cases.

Question 47

Discuss the selection of judges in Texas. What are the strengths and weaknesses of the practice of electing judges? What are the strengths and weakness of the practice of appointing judges?

Question 48

Discuss the difference between criminal cases and civil cases.