Deck 10: The Judicial Branch

Question 1

Disputes concerning business contracts,divorce,family matters,and personal injury involve what kind of law?

A) Civil law
B) Criminal law
C) Natural law
D) Procedural law
E) Common law

Answer 1

A

Question 2

Which of these is a qualification for serving on a trial jury in Texas?

A) Being at least 21 years of age
B) Being able to read and write English
C) Being a citizen of the United States
D) Being employed in the state of Texas
E) Being married or engaged to be married

Answer 2

C

Question 3

What name is given to the injured party in a civil case?

A) Defendant
B) Victim
C) Plaintiff
D) Law of parties
E) Decedent

Answer 3

C

Question 4

A citizen who believes a judge has behaved unethically while presiding over his or her case should file a complaint with which entity?

A) The district attorney in his or her county
B) The State Bar of Texas
C) The State Commission on Judicial Conduct
D) Texas Supreme Court
E) The Court of Criminal Appeals

Question 5

Cameron is on trial for speeding.If he is convicted,he will have to pay a fine of $100.He cannot afford to hire his own attorney.In Texas,is he entitled to the services of a state-appointed attorney?

A) Yes,because all defendants are entitled to an attorney.
B) Yes,because this is a felony case.
C) Yes,because this is a misdemeanor case.
D) No,because conviction only results in a fine.
E) No,because the case involves less than $1,000.

Question 6

If one of the parties to a collaborative divorce chooses to litigate the divorce after the case begins,what must then happen?

A) Both attorneys must resign.
B) The attorneys continue to represent their clients in court.
C) The litigating party's attorney must resign.
D) This situation could never occur,because litigation rights are lost in the decision to use collaborative proceedings.
E) The attorneys will not receive a fee from either of the litigants.

Question 7

Which court does not require the judge to be a lawyer or to have any other specific qualifications to begin judicial practice?

A) County court-at-law
B) District court
C) Justice of the peace court
D) Court of criminal appeals
E) Probate court

Question 8

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

A) Tarrant County court-at-law
B) District court in Tarrant County
C) Arlington municipal court
D) Tarrant County justice of the peace
E) The Texas Supreme Court

Question 9

At Rosalind's trial,after the jury was selected,the prosecuting attorney read information to the jury.What does this tell you about the crime Rosalind is accused of committing?

A) It is a violation of common law.
B) It is a violation of administrative law.
C) It is a misdemeanor.
D) It is a capital offense.
E) It is a felony.

Question 10

How many members sit on grand juries in Texas?

A) 6
B) 12
C) 9
D) 40
E) The number varies depending on whether the case is civil or criminal.

Question 11

If the judge disagrees with the jury's verdict in a criminal case,what can the judge do?

A) Order a new trial.
B) Declare the defendant not guilty.
C) Dismiss all charges against the defendant.
D) Require the jury to continue deliberations.
E) Find the jury members in contempt of court.
​

Question 12

The Supreme Court of Texas would refuse to hear an appeal in which of these cases?

A) A case involving a school bond election
B) A case in which the Texas Railroad Commission was a party
C) A case that involved money owed to the state by a depository bank
D) A case in which a court of appeals decided the case in a manner contrary to another court of appeals
E) A case involving any aspect of civil law

Question 13

Which of the following courts mainly exercises original jurisdiction?

A) State district courts
B) Supreme Court of Texas
C) State court of appeals
D) Texas Court of Criminal Appeals
E) U.S.Fifth Circuit Court of Appeals

Question 14

To what does the term misdemeanor refer?

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

Question 15

What task did the Texas legislature give the Texas Legislative Council in 1963?

A) To eliminate the bifurcated court system in Texas
B) To provide checks and balances on judicial power in Texas
C) To eliminate all traces of common law from Texas statutes
D) To reorganize Texas laws related to specific topics
E) To codify all agency regulations

Question 16

What must a lawyer do in order to be a practicing attorney in the state of Texas?

A) Be a member of the State Bar of Texas
B) Be a graduate of a Texas law school
C) Be registered with the National Lawyers Guild
D) Be a member of the Texas Trial Lawyers Association
E) Be appointed by the governor of Texas

Question 17

A contractor slips and falls on your property while doing some construction work.This case would fall under which branch of law?

A) Civil law
B) Criminal law
C) Constitutional law
D) Admiralty law
E) Common law

Question 18

How are nearly all judges in Texas chosen?

A) Legislative committee
B) Partisan election
C) Nonpartisan election
D) Nominations council
E) Gubernatorial appointment

Question 19

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with what kind of jurisdiction?

A) Original jurisdiction
B) Appellate jurisdiction
C) Ultimate jurisdiction
D) Geographic jurisdiction
E) Concurrent jurisdiction

Question 20

In civil cases,which type of damages would compensate a plaintiff for mental anguish or emotional distress?

A) Economic
B) Noneconomic
C) Punitive
D) Statutory
E) Administrative

Question 21

When only one court has specific authority to decide a particular type of case,the court has what kind of jurisdiction?

A) Concurrent jurisdiction
B) Exclusive jurisdiction
C) Civil jurisdiction
D) Original jurisdiction
E) Administrative jurisdiction

Question 22

Which of the following statements regarding a court of record is true?

A) Cases may not be appealed from these courts.
B) The decisions of the judges are recorded and published.
C) A written or electronic record is made of the proceedings.
D) Proceedings may be audiotaped or videotaped for public release.
E) Judges need not be practicing attorneys.

Question 23

Which court has original jurisdiction to determine both the validity of a will and whether a person is mentally competent?

A) Municipal court
B) District court
C) Justice of the peace court
D) Supreme Court
E) Probate court

Question 24

In recent years,why has the number of civil jury trials declined?

A) People aren't suing each other as frequently.
B) More cases are being tried by judges.
C) More cases are being dismissed by judges.
D) More cases are being settled by agreement between the plaintiff and defendant.
E) The cost of filing suit in civil court has skyrocketed.

Question 25

Which of the following statements regarding the rules of civil procedure made by the court system is true?

A) They may not conflict with any general laws of the state.
B) They may not conflict with the rules of the State Bar of Texas.
C) They often conflict with the rules of the State Bar of Texas.
D) They often do conflict with the general laws of the state.
E) They must first be approved by the American Bar Association.

Question 26

Which level of courts is constitutionally bifurcated in Texas?

A) Highest level appellate courts
B) Intermediate appellate courts
C) State trial courts
D) Local trial courts
E) Constitutional county courts

Question 27

Which statement correctly describes the trend in the representation of poor people accused of a felony or misdemeanor case that may result in incarceration?

A) More poor people are representing themselves.
B) More private attorneys are representing the poor.
C) More counties are establishing public defenders' offices to represent the poor.
D) The Texas Indigent Defense Commission has taken over the responsibility for providing attorneys for poor people.
E) More judges are giving legal advice to defendants during their trials.

Question 28

In a criminal trial,who is the plaintiff?

A) The victim of the crime
B) The person on trial
C) The judge
D) The state of Texas
E) The members of the jury

Question 29

A court that hears and decides cases tried for the first time has what kind of jurisdiction?

A) Original jurisdiction
B) Appellate jurisdiction
C) Civil jurisdiction
D) Ultimate jurisdiction
E) Exclusive jurisdiction

Question 30

If you were owed $8,000 and wanted to represent yourself rather than hire an attorney,in which court would you file your case?

A) Justice of the peace court
B) Municipal court
C) County court
D) County court-at-law
E) State district court

Question 31

What is the major way that the Missouri Plan differs from the appointment-retention system for selecting judges?

A) The people can vote on the appointed judge after he or she serves in office for a while.
B) The governor nominates someone for a judgeship.
C) A nominating commission recommends a panel of nominees to the governor.
D) The legislature prefers the Missouri Plan.
E) There is no procedure in place to remove an incompetent judge under the Missouri Plan.

Question 32

A defendant may not waive a jury trial in which kind of criminal case?

A) A case involving more than $50,000
B) A white-collar crime
C) A case involving physical violence
D) A misdemeanor
E) A death penalty case

Question 33

What is meant by the term jurisdiction?

A) The fee the court charges to hear a civil case
B) A court's authority to hear and decide a particular case
C) A panel of prospective jurors drawn by random selection
D) A collection of laws relating to the same subject
E) The source of the law the court is considering

Question 34

To whom does the term plaintiff refer?

A) A person who files criminal charges
B) A person who is a witness in a civil suit
C) A person who initiates a civil suit
D) A person who specializes in tort cases
E) A person who is being sued in civil court

Question 35

The validity of a contested will is decided by which court?

A) Justice of the peace court
B) Municipal court
C) Probate court
D) District court
E) Court of appeals

Question 36

Except for death penalty cases,where is an appeal in a criminal case first heard?

A) In the municipal court in which the trial was held
B) In the Texas Court of Criminal Appeals
C) In the Texas Supreme Court
D) In the U.S.Supreme Court
E) In the court of appeals in the district in which the trial was held

Question 37

Which of the following courts lacks criminal jurisdiction?

A) County courts
B) Texas Supreme Court
C) State court of appeals
D) Texas Court of Criminal Appeals
E) Constitutional county courts

Question 38

What name is given to the process of gathering information from the opposing party and witnesses in a lawsuit?

A) Cross-examination
B) Discovery
C) Admission
D) Voir dire
E) Habeas corpus

Question 39

In a criminal case,how many jurors must agree on a verdict of guilty or not guilty?

A) All
B) Two-thirds
C) Three-fourths
D) The majority
E) Half

Question 40

Which type of case would be appealed automatically to the Texas Court of Criminal Appeals?

A) A first-degree felony conviction
B) A state jail (fourth-degree)felony conviction
C) A capital felony conviction with imposed death sentence
D) A capital felony conviction,regardless of the length of sentence
E) A civil case involving a sum of over $100,000

Question 41

What procedures and safeguards are in place to ensure that poor Texans have access to legal services? Do you believe these procedures and safeguards are sufficient? Why or why not?

Question 42

What are the judicial qualifications for judges and justices? Are these qualifications sufficient at all levels? If not,explain what qualifications should be required.If so,tell why you think they are sufficient.

Question 43

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
E) Probate court

Question 44

Once final arguments are finished in a criminal trial,what must happen with the judge and jury for a verdict of guilty to be finalized? What options does the defendant have at that point?

Question 45

What responsibility did the legislature give to the Texas Legislative Council in 1963? What has been the result?

Question 46

If someone is accused of committing a crime in Texas,what rights do they have? How must the state ensure that these rights are granted?

Question 47

Compare and contrast the role and purpose of specialty courts with other trial courts.In your judgment,what are the most compelling arguments for and against specialty courts?

Question 48

What is the procedure in a civil jury trial in a state district court?

A) The judge finds the facts,and the jury applies the law.
B) The judge applies the law,and the jury finds the facts.
C) The judge applies the law and consults with the jury to find the facts.
D) The judge maintains order in the court,while the jury finds the facts and applies the law.
E) The judge decides the facts and applies the law,and the jury votes to accept or reject the judge's decision.

Question 49

How large is the judicial system in Texas? How do you think the size of Texas's judicial system benefits citizens? Are there any disadvantages?

Question 50

Why is it illegal for a lawyer to boast of winning a case in his blog posting?

A) Such an action violates the attorney-client privilege.
B) Lawyers are prohibited from maintaining blogs on the Internet.
C) Boasting is behavior unbecoming of a lawyer.
D) This action is disclosure of the results of a case and cannot be made public.
E) Posting this type of information in a blog is advertising.

Question 51

What are the benefits and drawbacks of selecting judges and justices through partisan elections? How may judges and justices be removed?

Question 52

Describe the structure and roles of the highest appellate courts in Texas.Why does Texas have two high courts of (final)appeals? What benefits or drawbacks might come along with a bifurcated court?

Question 53

Which of these terms refers to various traditions,customs,and practices that a court recognizes?

A) Statutory law
B) Administrative law
C) Constitutional law
D) Criminal law
E) Common law

Question 54

What do procedures for filing a case in Texas depend on?

A) Whether or not the case involves constitutional law
B) Whether or not the case involves common law
C) Whether the case is a felony or a misdemeanor
D) Whether the case originated in Texas or another state
E) Whether the case is civil or criminal

Question 55

Summarize the roles of the judge and jury in a civil trial.

Question 56

What are two alternatives to the Texas method of selecting judges? Do you think Texas should adopt one of these methods? Why or why not?

Question 57

What is the name of the process by which attorneys question potential jurors?

A) Venire
B) Voir dire
C) Discovery
D) Peremptory challenging
E) Cross-examination

Question 58

Imagine that you were injured on the job and decided to sue your employer.Explain the process involved in making your civil case.In your judgment,should punitive damages in tort matters be limited?

Question 59

Since the 1990s there has been much heated debate on tort reform.What is a tort? What reforms have been made limiting recoveries in recent years,and what has been the result?

Question 60

Explain the role of the judicial branch in Texas government.What sources of the law is it tasked with interpreting and applying?