Deck 10: The Texas Judiciary

Question 1

The _______ role is to interpret Texas laws in matters ranging from minor criminal offenses to interpreting the Texas Constitution.

A) legislative branch's
B) executive branch's
C) judicial branch's
D) party system's

Answer 1

C

Question 2

The official territory and types of cases over which a court exercises authority is referred to as

A) jurisdiction.
B) authority.
C) criminal adjudication.
D) appellate ruling.

Answer 2

A

Question 3

The court in which the case is first heard is referred to as the court of

A) original jurisdiction.
B) appellate jurisdiction.
C) criminal jurisdiction.
D) original authority.

Answer 3

A

Question 4

Cases in which the government brings suit against the defendant for violating the law and the government must prove the defendant is guilty beyond a reasonable doubt are

A) criminal cases.
B) civil cases.
C) appeals cases.
D) political cases.

Question 5

Cases in which individuals, corporations, or the government bring suit against another party and must prove that a harm was done to them beyond a "preponderance of evidence" are

A) criminal cases.
B) civil cases.
C) appeals cases.
D) political cases.

Question 6

The _______ of the court also allows for higher courts to check bad decisions or incorrect rulings by lower courts.

A) criminal nature
B) adversarial nature
C) hierarchical nature
D) political nature

Question 7

How does Texas compare to other states in terms of the number of trial courts we have inside the state?

A) Texas has the fewest trial courts.
B) Texas has the most trial courts.
C) Texas has slightly more than an average number of trial courts.
D) Texas has slightly less than an average number of trial courts.

Question 8

The highest criminal offense under state or federal law is called a

A) misdemeanor.
B) felony.
C) indictment.
D) Class 1-A.

Question 9

The class of criminal offenses that are minor wrongdoings, such as truancy or jaywalking, are called

A) misdemeanors.
B) felonies.
C) indictments.
D) Class 1-As.

Question 10

Law that is established when judges apply past decisions by courts-called legal precedents-to the facts of a new case before them is called

A) historical law.
B) mosaic law.
C) common law.
D) civil law.

Question 11

_______ are trial courts that handle most major criminal and civil cases, including murder, drug trafficking, contested elections, and civil cases involving high amounts of monetary damages-any amount over $200.

A) Municipal courts
B) County courts at law
C) District courts
D) Criminal courts of appeal

Question 12

The process by which there is official recognition and registration of the validity of the last will and testimony of a person is called

A) an appeal.
B) a first hearing.
C) probate.
D) a final judgment.

Question 13

Someone is involved in a multimillion-dollar personal injury case and is told his/her case will begin in the state district court. (S)he insists the case should begin at the Texas Supreme Court. Why can this case not begin at the Texas Supreme Court?

A) The Texas Supreme Court doesn't hear civil cases at all.
B) The Texas Supreme Court lacks original jurisdiction in the case.
C) The county judge gets to decide where cases begin. (S)he isn't required to take the litigants' preferences into account.
D) The Texas Supreme Court is just too busy to hear any more cases.

Question 14

Someone is charged with violating an El Paso ordinance that prohibits loud music after 10:00 pm. This case will begin in

A) municipal court.
B) district court.
C) statutory county court.
D) the court of appeals.

Question 15

When a single judge presides and decides guilt or innocence and punishment without a jury, it is a called a _______ trial.

A) common
B) bench
C) voir dire
D) municipal

Question 16

When a group of individuals selected for service decides on guilt or innocence, this is a called a _______ trial.

A) common
B) bench
C) jury
D) municipal

Question 17

If you dump something in violation of city ordinances or if you are caught with alcohol as a minor, you'll end up in

A) the Supreme Court.
B) county court.
C) district court.
D) municipal court.

Question 18

_______ in Texas have original and exclusive jurisdiction over violations of city ordinances and over Class C misdemeanors, the lowest level of punishment severity of all misdemeanors.

A) Justice courts
B) County courts
C) District courts
D) Municipal courts

Question 19

Every county has at least one _______, which generally hear relatively minor offenses.

A) justice court
B) county court
C) district court
D) municipal court

Question 20

In urban counties, the constitutional commissioner's court rarely hears judicial matters. Instead, the disputes it would normally hear are handled by the

A) municipal court.
B) statutory commissioner's court.
C) district court.
D) court of appeals.

Question 21

The chief executive of each county is called a _______ and has both judicial and executive powers.

A) county judge
B) municipal judge
C) supreme court justice
D) district court judge

Question 22

The justices in _______ may decide the case based upon the brief alone or they may hear oral arguments, during which attorneys for both sides present their cases in person to the justices.

A) justice courts
B) county courts at law
C) district courts
D) appellate courts

Question 23

Amicus curiae briefs can be filed by interested parties that are not directly involved in a case, providing an avenue for outside groups to have a say in the judicial process. Amicus curiae means

A) "enemy of the court."
B) "friend of the court."
C) "advisor of the court."
D) "lawyer of the court."

Question 24

A document, which may be written after judges make a decision, expresses the view of the judges, and may explain their reasoning on a particular case is called a(n)

A) statement.
B) opinion.
C) sentence.
D) viewpoint.

Question 25

Suppose a third party would like to give input to the court on a pending case. They can do so via

A) inviting the judges to an informational seminar.
B) testifying during open court.
C) scheduling a lobbying session.
D) an amicus curiae brief.

Question 26

Texas has a system of two supreme courts. This is referred to as

A) dual structure.
B) uni-structure.
C) diffusion of power.
D) appellate duo.

Question 27

Texas has a dual court structure in order to make the judicial system more

A) efficient.
B) unique.
C) complicated.
D) slow.

Question 28

The intermediate courts of appeals are divided by

A) race of the parties.
B) type of crime.
C) geography.
D) age of the parties.

Question 29

The court of last resort for all criminal matters is the

A) district supreme court.
B) Texas Supreme Court.
C) Texas Court of Criminal Appeals.
D) county court of criminal appeals.

Question 30

The Texas Court of Criminal Appeals must review what kinds of cases?

A) Death penalty
B) Robbery
C) Assault
D) Crimes against elected officials

Question 31

If a case does not involve criminal law, the court of last resort is the

A) Court of Appeals.
B) Texas Supreme Court.
C) County Constitutional Court.
D) Court of Civil Appeals.

Question 32

Cases required to be heard by a specific court are referred to as

A) mandatory review cases.
B) appellate court cases.
C) supreme review cases.
D) criminal court review cases.

Question 33

The _______ deals primarily with civil matters and juvenile justice.

A) district supreme court
B) Texas Supreme Court
C) Texas Court of Criminal Appeals
D) county court of criminal appeals

Question 34

The leader of the Texas Supreme Court is referred to as the

A) chief justice.
B) chancellor.
C) law lord.
D) judicial leader.

Question 35

Texas has two courts of last resort, the Texas Supreme Court and the

A) Texas Court of Criminal Appeals.
B) Supreme Criminal Tribunal.
C) Privy Council.
D) Supreme Criminal Court.

Question 36

Suppose all of the members of an appellate court hear a case together. They are said to be sitting

A) en masse.
B) en banc.
C) together.
D) in full.

Question 37

Suppose a judge really enjoys her job. Why might she have to retire?

A) Judges are not paid.
B) Judges are only allowed to serve two terms in a row.
C) Texas has a mandatory judicial retirement age.
D) Texas limits judges to 20 years total on the bench in their career.

Question 38

One reason judges leave office is

A) very competitive elections.
B) judges have a hard time with all of the negative press they get.
C) strict term limits.
D) low judicial pay.

Question 39

The workload (in cases) of the judiciary is referred to as the court's

A) caseload.
B) per diem.
C) working structure.
D) hourly load.

Question 40

When a case is off the court's docket, generally by being heard or dismissed, this is known as being

A) cleared off.
B) disposed of.
C) cleaned from the docket.
D) wiped out.

Question 41

Suppose a judge is accused of misconduct. (S)he will likely be reviewed by

A) the County Judge's Assembly.
B) the Governor's Council on Judicial Behavior.
C) the House Judiciary Committee.
D) the State Commission on Judicial Conduct.

Question 42

The state legislature would like to remove a judge from office. They can do so via

A) a concurrent resolution.
B) impeachment.
C) a vote of no confidence.
D) a voice vote.

Question 43

Compared to other races, judicial elections tend to have

A) higher turnout.
B) about the same level of turnout.
C) lower turnout.
D) no turnout; all judges are appointed by the governor.

Question 44

Nearly all judges in Texas are chosen by

A) partisan elections.
B) gubernatorial selection.
C) merit selection.
D) nonpartisan elections.

Question 45

Which is true of the Texas judiciary in recent years?

A) It has ample resources.
B) It is less diverse.
C) There are now fewer courts.
D) It is more diverse.

Question 46

What tends to explain the lack of success by Hispanic judicial candidates for appellate courts?

A) The quality of the law school the candidate went to
B) Judicial experience
C) Partisanship
D) Whether they've met the judge

Question 47

A nonpartisan way to select judges, in which a commission selected by state officials sends recommendations to the governor and the governor then selects the nominees from that list, is known as

A) partisan elections.
B) gubernatorial selection.
C) merit selection.
D) nonpartisan elections.

Question 48

What differentiates judicial elections in nonpartisan and partisan systems?

A) Campaign signs are forbidden in partisan races.
B) Candidates are not allowed to talk about politics in nonpartisan races.
C) Candidates' political parties are not listed in nonpartisan races.
D) Judges are simply appointed by the governor in nonpartisan races.

Question 49

Explain the role of the judicial system in Texas.

Question 50

What is "original jurisdiction"?

Question 51

Explain what the components of a "civil case" are.

Question 52

How does Texas compare to other states in the number of total trial courts we have in our state?

Question 53

Explain "common law."

Question 54

Give an example of when you may use a municipal court.

Question 55

What do state district courts handle?

Question 56

Explain how judges interpret law in the state of Texas.

Question 57

Describe the system of trial courts in the state of Texas.

Question 58

Explain the appellate court system in the state of Texas.

Question 59

What are some of the challenges that the judicial system faces in today's environment?

Question 60

Explain the process of judicial selection in Texas.