Deck 20: The Texas Judiciary

Question 1

Why are there 254 constitutional county courts in the State of Texas?

A)Under the law establishing these courts, the Texas Legislature set a cap of 254 statewide for the courts in 1929, a number which was reached just after the start of the Korean War
B)The Texas Constitution establishes one such court in each of the 254 counties
C)The Texas Supreme Court, acting as the chief administrative body of the Texas judicial
System, authorized the creation of 254 of these courts
D)Under their home-rule authority, 209 counties have added constitutional county courts to the 45 courts established by the Constitution
E)The Texas Supreme Court ruled that under the equal protection clause, constitutional county courts must be distributed evenly according to the 254 Census tracts that comprise Texas

Answer 1

B

Question 2

Which of the following courts never uses a jury?

A)County trial court
B)Municipal court
C)State intermediate appellate court
D)Justice of the peace court
E)District court

Answer 2

C

Question 3

Assume you want to be a judge in Texas,but you are not a lawyer,nor do you have a law degree.Of the following,which office may you hold?

A)County court at law judge
B)Constitutional county judge
C)District judge
D)Intermediate court of appeals judge
E)Texas Court of Criminal Appeals judge

Answer 3

B

Question 4

If you are charged with driving while intoxicated and your case goes to trial in Texas,your case is likely to be heard in

A)a municipal court.
B)a justice of the peace court.
C)a county court.
D)a district court.
E)an intermediate appellate court.

Question 5

All Texas courts are constitutionally created.

Question 6

Which of the following is NOT part of the sentencing phase of a capital murder trial?

A)Determining whether the defendant is likely to commit further violent crimes and is a threat to society
B)Deciding whether the defendant actually caused, intended to cause, or anticipated that a human life would be taken
C)Deciding on whether mitigating circumstances warrant a sentence of life imprisonment rather than death
D)Deciding on the guilt or innocence of the defendant
E)Listening to testimony about the defendant's prior convictions, if any

Question 7

Which best describes the Texas judicial system?

A)Simplistic and straightforward
B)Punitive and easily comprehensible
C)Restrictive and corrupt
D)Predatory and vindictive
E)Complicated and confusing

Question 8

The Texas judiciary has its roots primarily in __________ legal traditions.

A)English
B)Mexican
C)Spanish
D)Coahuilan
E)Confederate

Question 9

As of 2008,how many of the members of the state's two highest courts were Democrats?

A)Nine
B)Seven
C)Three
D)One
E)None

Question 10

In total,how many judges serve on the two Texas supreme courts?

A)2
B)5
C)6
D)9
E)18

Question 11

Which judges must have at least 10 years of experience and be at least 35 years of age?

A)Appellate judges
B)District judges
C)County court at law judges
D)Justices of the peace
E)Municipal judges

Question 12

District courts in Texas exercise

A)only criminal jurisdiction.
B)only civil jurisdiction.
C)only civil jurisdiction in cases involving less than $200.
D)only appellate jurisdiction.
E)both criminal and civil jurisdiction.

Question 13

Assume you have been arrested for a crime in Texas.To establish an administrative record of your arrest,you are fingerprinted,photographed,and the charges against you are explained.What is this phase of the criminal justice process?

A)Arraignment
B)Booking
C)Pretrial motions
D)Arrest
E)Interrogation

Question 14

Assume you are on a jury in a felony criminal trial in state district court.If you believe the accused is guilty,how many of the other eleven jurors must you persuade to agree with you to convict?

A)10
B)Five
C)Seven
D)11
E)None; it only takes one vote to convict

Question 15

Texas is one of only seven states that

A)has a bifurcated supreme court level.
B)employs partisan judicial elections with candidates listed on the ballot by party affiliation.
C)appoints judges based on the merit system.
D)requires all appellate judges be attorneys.
E)uses lethal injection as the form of execution of those convicted of capital murder.

Question 16

Justice of the peace courts have only criminal jurisdiction.

Question 17

The Texas Constitution of 1876 relieved the Texas Supreme Court of all criminal jurisdiction,giving it to a new Texas Court of Criminal Appeals.

Question 18

Which courts were created by the legislature to relieve county judges in urban counties of their judicial function so that the county judges could concentrate on their duties as presiding officers of the commissioner's court?

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

Question 19

Which court(s)represents the lowest level of the trial court system?

A)Constitutional county courts
B)Municipal and justice of the peace courts
C)Statutory county courts
D)District courts
E)Courts of appeal

Question 20

If you have a small claim to take to court you would go to a justice of the peace court which has relaxed procedural requirements and original jurisdiction in civil cases involving claims of under $200.

Question 21

The Texas judicial system incorporates ____ levels of courts.

A)two
B)three
C)four
D)five
E)six

Question 22

If you are the plaintiff in a civil trial conducted in a district court in Texas,you will win your case if ten of the twelve jurors vote in your favor.

Question 23

Which court has ultimate authority to interpret Texas laws and the Texas Constitution?

A)The Texas Supreme Court has ultimate authority in all such cases.
B)The Texas Court of Criminal Appeals has ultimate authority in all such cases.
C)The U.S. Supreme Court has ultimate authority in all such cases.
D)The Texas Supreme Court has ultimate authority in all civil cases and the Texas Court of Criminal Appeals has ultimate authority in all criminal cases.
E)The Texas Supreme Court has ultimate authority in all criminal cases and the Texas Court of Criminal Appeals has ultimate authority in all civil cases.

Question 24

Which of the following arguments is given by those who support the current structure of the Texas supreme courts?

A)Having two supreme courts allows the reflection of diverse interpretations of the Constitution.
B)Only the Texas Supreme Court should be able to determine what the Texas Constitution means.
C)The Texas judicial system mirrors that used with much success by most states.
D)The current system allows members of the supreme courts to specialize in either criminal or civil law.
E)A simple judicial system is nearly always most efficient.

Question 25

The local county trial court for minor criminal offenses (less serious misdemeanors)and civil suits involving small claims is the

A)justice of the peace court.
B)municipal court.
C)statutory county court.
D)superior court.
E)district court.

Question 26

How was the current structure of the state intermediate courts of appeal determined?

A)By the Constitution of 1876
B)By amendments to the Constitution of 1876
C)By legislation passed by the Texas legislature
D)By legislation passed by the U.S. Congress
E)Through case law and various other forms of legal tradition

Question 27

In Texas,capital murder convictions are automatically reviewed by the Texas Court of Criminal Appeals,bypassing an appeal to a regional court of appeals.

Question 28

You have received a traffic ticket from a Dallas police officer.You decide to contest it and must appear in the court which exercises original jurisdiction over limited criminal violations of Dallas city ordinances.What court is that?

A)Justice of the peace court
B)Municipal court
C)Statutory probate court
D)County court at law
E)District court

Question 29

A new trial,necessary for an appeal from a court that is not a court of record,is called a(n)

A)appellate trial.
B)trial upon remand.
C)trial de novo.
D)civil trial.
E)adversarial trial.

Question 30

Texas Supreme Court justices are appointed by the governor; most other Texas judges are elected in partisan elections.

Question 31

The Texas judicial system developed from roots in the

A)English legal system, although some vestiges of the Spanish legal tradition remain as well.
B)Spanish legal tradition exclusively, due to its genesis under the rule of Mexico.
C)English common law system exclusively, as this was the basis of the legal system of the United States.
D)traditions of French canon law.
E)Mexican and Coahuilan legal systems.

Question 32

To serve on the trial or appellate bench at any level in Texas,you must be a licensed attorney in the state.

Question 33

The first courts in Texas were established

A)by the Mexican governor of the Austin colony who appointed three officials to apply Spanish law.
B)in the Austin colony by Stephen F. Austin who appointed a provisional justice of the peace for the province of Texas in 1822.
C)in 1836 when a judicial system was created under the Republic of Texas constitution.
D)when Texas was annexed by the United States in 1845.
E)by the Texas Constitution of 1869 following the Civil War.

Question 34

Almost every constitution in Texas history provided for

A)the popular election of some judges.
B)a non-adversarial system of justice based on French canon law.
C)the appointment of judges at all levels by the governor.
D)the appointment of judges at all levels by the legislature.
E)lifetime appointments for most judges.

Question 35

A judge on which of the following courts would have the most prestige?

A)State court of appeals
B)Constitutional county court
C)Statutory county court
D)Texas Court of Criminal appeals
E)Justice of the peace court

Question 36

Most cases in Texas municipal courts involve

A)public drunkenness.
B)domestic abuse.
C)adoptions, wills, and probates.
D)traffic and parking violations.
E)felonies.

Question 37

How many constitutional county courts exist in Texas?

A)14
B)18
C)231
D)254
E)822

Question 38

If you are charged with a felony in Texas and the case goes to trial,you would appear as a defendant in a district court.

Question 39

In 2008,Texas voters approved a constitutional amendment that combined the Texas Supreme Court and the Texas Court of Criminal Appeals into one court that has final jurisdiction in all criminal and civil matters.

Question 40

All of the following can be issued by a municipal court EXCEPT

A)verdicts.
B)warrants.
C)fines over $500.
D)fines under $500.
E)jail time.

Question 41

Which of the following arguments is most likely to be given by someone in favor of tort reform?

A)There are a large number of frivolous lawsuits filed by those who seek large financial awards for injuries they claim to have suffered
B)Businesses should be granted immunity for their actions even if they harm others
C)Putative damages are the only way to ensure that businesses act morally and ethically
D)Those who are injured due to the negligence of others should have known that life is full of risks
E)It is impossible to place a cap on the amount of money that can compensate someone for their pain and suffering

Question 42

Other than municipal court judges,trial judges in Texas serve ____ terms,and appellate judges and justices serve ____ terms.

A)four-year /s ix-year
B)four-year / no more than three consecutive four-year
C)no more than three consecutive four-year / no more than three consecutive six-year
D)six year / four year
E)life / life

Question 43

The Texas courts of appeals are the

A)courts of the intermediate appellate level for the state.
B)courts of last resort in Texas.
C)appellate courts which hear death penalty convictions automatically appealed from the district court to the court of appeals in which that district court sits.
D)principal trial courts.
E)only appellate courts that sit juries to review new evidence presented by the losing side in the original trial.

Question 44

Statutory county judges are required to

A)be over 25 years of age.
B)have four years experience as a judge or practicing attorney.
C)be a licensed attorney.
D)All of the above
E)None of the above

Question 45

Assume that after the death of your parents you and your siblings enter into a protracted dispute over the distribution of your late parents' estate,a dispute that requires you to file suit against your siblings in court over the contested will.In what court will the issue likely be settled?

A)County court at law
B)Constitutional county court
C)Statutory probate court
D)Justice of the peace court
E)District court

Question 46

Assume that you are a justice on the Texas Supreme Court and are in the process of determining whether to hear an appeal.How many of your colleagues must you convince to vote with you in order to agree to hear the appeal?

A)One (making a total of two votes needed to hear the case on appeal)
B)Two (making a total of three votes needed to hear the case on appeal)
C)Three (making a total of four votes needed to hear the case on appeal)
D)Four (making a total of five votes needed to hear the case on appeal)
E)Eight (making a unanimous vote of the court needed to hear the case on appeal)

Question 47

What is the court of last resort for criminal cases in Texas?

A)Texas Supreme Court
B)Texas Supreme Criminal Court
C)Texas Court of Criminal Appeals
D)Texas Probate Court
E)Texas Court of Appeals

Question 48

Justices of the peace are required to

A)have degree in law.
B)be over 25 years of age.
C)have a high school diploma.
D)be registered voters.
E)have practiced law for five years..

Question 49

Most criminal and civil cases before the district courts of Texas

A)go to trial.
B)are settled before trial by plea bargains and negotiated settlements, respectively.
C)are brought to the district courts as trials de novo from lower trial courts.
D)result in hung juries.
E)deal mainly with capital offenses.

Question 50

In the 1980s,several justices on the Texas Supreme Court received scrutiny and criticism over allegations that they favored attorneys and their clients appearing before them who had made large contributions to their political campaigns.In general,who were the parties involved in this controversy?

A)The justices were Democrats and the litigants were trial lawyers representing plaintiffs.
B)The justices were Republicans and the litigants were defense lawyers representing big business.
C)The justices were members of the Green Party and the litigants were environment groups.
D)The justices were Socialists and the litigants were advocates of welfare recipients.
E)The justices were Dixiecrats and the litigants were advocates of segregation.

Question 51

Other than municipal court judges,most Texas judges are

A)appointed by the governor and approved by the Senate.
B)appointed by the governor and approved by the legislature.
C)elected in partisan elections.
D)elected in nonpartisan elections.
E)appointed by an independent commission established by the State Bar of Texas.

Question 52

The constitution requires all appellate court judges to

A)be at least 40 years old.
B)be no more than 74 years old.
C)have been a practicing attorney or a judge of a court of record for at least 15 years.
D)None of the above
E)All of the above

Question 53

Statutory county courts are also known as

A)constitutional county courts.
B)county courts at law.
C)intermediate trial courts.
D)probate courts.
E)state trial courts.

Question 54

Cases in the intermediate courts of appeals are usually heard by how many justices?

A)One
B)Two
C)Three
D)Nine
E)Thirteen

Question 55

The membership of the Texas Supreme Court includes

A)a chief justice and eight other justices.
B)twelve justices.
C)a chief judge and nine other judges.
D)nine justices appointed by the governor.
E)a chief justice appointed by the governor and eight other justices elected statewide in partisan elections.

Question 56

The formal request required for the Texas Supreme Court to review the decision rendered by a court of appeals is a(n)

A)petition for review.
B)application for discretionary review.
C)petition for appeal.
D)application for appeal.
E)writ of certiorari.

Question 57

How many courts of appeals (state intermediate appellate courts)are there in Texas?

A)Two
B)14
C)55
D)132
E)254

Question 58

Statutory county courts were created to

A)relieve county judges in urban Texas counties of their judicial duties to allow them to focus on their county administrative duties as presiding officer of the commissioners court.
B)minimize the problems created by the many jurisdictional responsibilities of county courts overlapping those of justice of the peace courts and district courts in Texas.
C)to assure a more efficient administration of justice on the county level since county judges are not required to be attorneys while statutory county court judges are.
D)to provide for the growing need for the administration of wills and estates through the probate function exclusively given to statutory county courts.
E)share felony criminal jurisdiction with district courts of jurisdiction, thus allowing district judges to handle more civil cases.

Question 59

Assume you have been convicted of felony auto theft in state district court in Houston.You have appealed to the 1st District Court of Appeals in Houston and lost in that court also.You now plan to appeal to one of Texas' highest appellate courts.Where are you going to file your appeal?

A)Texas Supreme Court
B)Texas Court of Criminal Appeals
C)Either the Texas Supreme Court or Court of Criminal Appeals, whichever has room on its docket
D)You can appeal your case no further since you lost in the intermediate appellate court level
E)The nearest federal district court

Question 60

Assume that you wish to become the county judge in the county of your residence.You are not an attorney,nor do you have a law license.Can you serve as a county judge in Texas?

A)Yes, but you must agree to attend law school while serving as county judge.
B)Yes, but you may not handle any judicial matters and may only act as the county's chief administrative officer and serve as the presiding officer of the commissioners court.
C)Yes, but you must agree to formally consult with the county attorney before making decisions in a constitutional county court.
D)Yes, but you must be well informed in the law of the State and complete at least thirty hours in substantive, procedural, and evidentiary laws and in the administrative duties of the office.
E)No, because the Texas Constitution requires the county judge have a have a law degree and Texas law license.

Question 61

Constitutional county courts have exclusively criminal jurisdiction.

Question 62

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

A)at least 25 years of age and a practicing attorney or judge for a court of record for at least 3 years.
B)at least 35 years of age and a practicing attorney or judge for a court of record for at least 10 years.
C)at least 40 years of age and a practicing attorney or judge for at least 5 years.
D)at least 45 years of age and a practicing attorney or judge for a court of record for at least 20 years.
E)at least 50 years of age and a practicing attorney for 25 years.

Question 63

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

A)errors made in the application of the law by a lower court.
B)new evidence.
C)evidence of mental illness.
D)ways to make sure that a criminal defendant has every possible chance to receive DNA testing.
E)fair and impartial jurors to participate in the appellate court's proceedings.

Question 64

When does the governor of appoint judges in Texas?

A)All Texas judges are appointed by the governor.
B)The governor appoints all justices to the Texas Supreme Court and all judges to the Court of Criminal Appeals.
C)When there is a vacancy on a state court
D)The governor may appoint trial court judges when requested by the county in which the court is located.
E) The governor lacks the power to appoint Texas judges under any circumstance.

Question 65

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

A)Individuals running in partisan elections are generally more qualified.
B)Judges elected in partisan elections do not often advertise their qualifications to voters.
C)Financial contributions to judicial campaigns often come from those who have business with the court.
D)Partisan elections are an efficient and quick way to select judges.
E)Most Texans support the existing constitutional structures for selecting judges.

Question 66

Only Texas and Oklahoma have two supreme courts.

Question 67

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

A)A unanimous vote of the twelve jurors
B)A vote of ten of the twelve jurors
C)A vote of no less than six jurors
D)A vote of seven or more jurors
E)A vote of six or more jurors

Question 68

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.

Question 69

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.

Question 70

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

A)affirmative action
B)merit
C)nonpartisan election
D)quota
E)initiative and referendum

Question 71

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

A)pretrial motions.
B)magistrate appearance.
C)grand jury indictment.
D)arraignment.
E)post-trial motions

Question 72

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

A)Penalties for contributors who violate the contribution limits
B)Requiring sitting judges who received a large contribution from an attorney or a party to a suit before the court to recuse him- or herself from hearing the case.
C)Preventing incumbent judges from amassing large war chests that intimidate potential candidates in future elections
D)A $1,000 limit on campaign contributions from a single donor
E)None of the above

Question 73

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

A)petit jury.
B)trial jury.
C)grand jury.
D)hung jury.
E)tryer of fact.

Question 74

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

A)evidence beyond a reasonable doubt a crime was committed, and that the person named in the criminal complaint committed the offense.
B)a preponderance of evidence that a crime was committed, and that the person named in the criminal complaint committed the offense.
C)a scintilla of evidence that a crime was committed, and that the person named in the criminal complaint committed the offense.
D)any level of suspicion on the part of the officer that a crime may have been committed, and that the person named in the criminal complaint might have committed the offense.
E)tangible evidence that a crime was committed, and that the person named in the criminal complaint committed the offense.

Question 75

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

A)United States Supreme Court.
B)Texas Supreme Court.
C)Fifth Circuit Court of Appeals.
D)Texas Court of Criminal Appeals.
E)court of appeals for the region in which the district court that decided the case is located.

Question 76

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

Question 77

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

A)a plea bargain.
B)an indictment.
C)a friend of the court action.
D)a plea of nolo contendere (no contest).
E)parole waiver.

Question 78

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

A)A unanimous vote of the twelve jurors
B)A vote of ten of the twelve jurors
C)A vote of no less than six jurors
D)A vote of six or more jurors
E)A vote of seven or more jurors

Question 79

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

A)capital murder.
B)any first or second degree felony.
C)aggravated sexual assault.
D)manslaughter.
E)Criminal defendants can never waive their right to a jury.

Question 80

Who is the current Texas Supreme Court Chief Justice?

A)William Rehnquist
B)Tom Phillips
C)Wallace Jefferson
D)Alberto Gonzales
E)John Roberts