Deck 11: The Judicial Branch

Question 1

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

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

Answer 1

A

Question 2

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.

Answer 2

C

Question 3

When was the first female justice elected to the Supreme Court?

A) 1991
B) 1876
C) 1925
D) 2001

Answer 3

A

Question 4

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 5

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.

Question 6

The term court of record means that

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.

Question 7

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) matter of civil law.

Question 8

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 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 statement regarding the appellate jurisdiction of the intermediate and highest level Texas appellate courts is incorrect?

A) All courts have more than one justice.
B) All justices are popularly elected for six-year terms.
C) All cases involving money disputes can be appealed.
D) Justices must be attorneys with prior legal or judicial experience.

Question 11

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 12

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

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

Question 13

Which court does not require the judge to be lawyer?

A) County court-at-law
B) District court
C) Justice of the peace
D) Court of Criminal Appeals

Question 14

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

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

Question 15

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

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

Question 16

Law made by legislative bodies is called

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

Question 17

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

Question 18

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 19

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 20

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

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

Question 21

Which level of courts are constitutionally bifurcated in Texas?

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

Question 22

Texas is divided into ______ appeals court districts?

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

Question 23

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

Question 24

The validity of a contested will is decided by a

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

Question 25

As of 2014, how many Democrats held statewide office in Texas?

A) Zero
B) One
C) Three
D) Five

Question 26

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 27

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 28

The court with responsibility 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) justice of the peace court.

Question 29

Which of the following courts does not have criminal jurisdiction?

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

Question 30

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 to the state by a depository bank.
D) court of appeals decided the case in a manner contrary to another court of appeals.

Question 31

The goals of specialty courts are

A) efficiency and therapy.
B) institutionalization and incarceration.
C) effective child placement and punishment.
D) individualized treatment and retribution.

Question 32

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

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

Question 33

In Texas, nearly all judges are chosen by a

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

Question 34

State district courts with general jurisdiction would be able to hear and decide all of the following cases, except

A) a divorce in which Mr. and Mrs. Smith are suing each other for divorce.
B) a contested will in which Tom Jones argues that his deceased mother's intended for him to inherit his father's diamond Rolex watch.
C) a dispute over who owns a piece of real estate.
D) a dispute over $150 in wages.

Question 35

If you wanted to hear an oral argument in the Texas Supreme Court, you would

A) download a podcast.
B) watch the proceedings on C-SPAN.
C) have to attend the court's proceedings in person, in Austin.
D) do none of these choices, because court proceedings are closed to the public.

Question 36

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.

Question 37

The First Court of Appeals in Houston has a chief justice and eight justices. How many of them are required to hear an appeal?

A) Three
B) Five
C) Seven
D) Nine

Question 38

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 39

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 40

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

A) limit the type of cases that courts may handle.
B) use alternative dispute resolution.
C) utilize the "change of venue" procedure.
D) order a two-year delay in the case to give the docket time to clear.

Question 41

The compensation for a lawyer based on a percentage of a winning lawsuit is known as a

A) retainer.
B) contingency fee.
C) rebate.
D) kickback.

Question 42

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 43

A formal accusation that a person has committed a high felony and must go to trial is a(n)

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

Question 44

Which amendment to the U.S. Constitution guarantees legal representation to the poor in civil cases?

A) None
B) First
C) Sixth
D) Fourteenth

Question 45

Grand juries in Texas are composed of __________ members.

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

Question 46

A lawyer boasts of winning a case in his blog posting. This action is prohibited because

A) posting this type of information in a blog is advertising.
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.

Question 47

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 48

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

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

Question 49

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 50

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

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

Question 51

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

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

Question 52

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 53

In order to be a practicing attorney in the State of Texas, a lawyer must be

A) a member of the State Bar of Texas.
B) a graduate of a Texas law school.
C) registered with the National Lawyers Guild.
D) a member of the Texas Trial Lawyers Association.

Question 54

A lawyer may inquire about a prospective juror's social media habits to determine if the prospective juror is

A) computer literate.
B) educated.
C) literate in English.
D) biased.

Question 55

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.

Question 56

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 57

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 58

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 59

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

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

Question 60

The process by which attorneys question potential jurors is called

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

Question 61

A trend in the representation of poor people accused of a felony or misdemeanor case that may result in incarceration is

A) more poor people are representing themselves.
B) more private attorneys are representing the poor.
C) more counties are establishing public defender's offices to represent the poor.
D) the Texas Indigent Defense Commission has taken over the responsibility for providing attorneys for poor people.

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

Since the 1990s there has been much heated debate on tort reform. What is a tort? What reforms were made limiting recoveries in 2003, and what has been the result?

Question 64

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

Question 65

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

A) Orders a new trial.
B) Declares the defendant not guilty.
C) Dismisses all charges against the defendant.
D) Requires the jury to continue deliberations.

Question 66

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 67

Explain the role of the judicial branch in Texas government, and the sources of the law that they are tasked with interpreting and applying.

Question 68

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, explain why you think they are sufficient.

Question 69

What has been the effect of social media and other electronic technology on the judicial system?

Question 70

Briefly explain the roles of the judge and jury in a civil trial.

Question 71

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

Question 72

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

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

Question 73

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

A) People aren't suing each other as frequently.
B) More cases are being tried to judges.
C) More cases are being dismissed by judges.
D) More cases are being settled by agreement between the plaintiff and defendant.

Question 74

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

Question 75

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 76

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

Question 77

How are justices of the peace selected, what qualifications are required of them, and what is their jurisdiction?

Question 78

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 79

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

A) All
B) Two-third
C) Three-fourth
D) The majority

Question 80

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