Deck 21: The Texas Judiciary

Question 1

A civil lawsuit does not involve

A) ordinary citizens.
B) a crime.
C) governments.
D) a corporation.
E) laws.

Answer 1

a crime.

Question 2

The current judicial system of Texas was established in

A) 1876.
B) the 1920s.
C) 1965
D) 1992
E) 2003.

Answer 2

1876.

Question 3

The power of _____________is the power of granting access to the legal system.

A) justice of the peace
B) most justices
C) appellate jurisdiction
D) final jurisdiction
E) original jurisdiction

Answer 3

original jurisdiction

Question 4

One sign of the desire for a limited chief executive is that the state justices are almost always

A) elected.
B) appointed by the governor for short terms.
C) appointed by the governor for life terms.
D) appointed by the lieutenant governor.
E) elected for life.

Question 5

Justices of the peace operate at the _______ level.

A) municipal
B) county
C) state
D) regional
E) district

Question 6

The size and complexity of the county court system arises from

A) the constitution.
B) the 1845 constitution.
C) demographic developments.
D) legislative interference.
E) special interests

Question 7

The duties of county judges can be said to violate

A) the principle of separation of powers.
B) ethical rules.
C) federal law.
D) county law.
E) state law.

Question 8

Due to heavy backlogs and delays in criminal cases, many cases have been

A) dismissed.
B) moved to different courts.
C) tried in federal courts.
D) subject to plea bargaining.
E) redefined as civil cases.

Question 9

The 1989 Texas Research League study found that the Texas court system

A) was efficient.
B) was sound.
C) was weak.
D) needed minor modifications.
E) was fundamentally flawed.

Question 10

A grand jury precedes a criminal trial and not a civil trial because the former

A) is more liable to error.
B) is more easily swayed by influence.
C) is more common.
D) is more costly.
E) carries greater penalties.

Question 11

Peremptory challenges are used by plaintiffs' and defendants' attorneys to

A) screen jurors.
B) summon witnesses.
C) cross-examine.
D) indict.
E) question witnesses.

Question 12

For a case to be heard by a supreme court, one of the parties to the lower court case must file a(n)

A) writ of mandamus.
B) petition for review.
C) brief.
D) indictment.
E) reprieve.

Question 13

A merit selection system for judges, such as that advocated by former Chief Justice John Hill, would include appointments by the governor and

A) approval by the legislature.
B) approval by other justices.
C) retention elections.
D) recall elections.
E) no elections.

Question 14

Alberto Gonzales, the second Hispanic supreme court justice in Texas, later served as

A) U.S. attorney general.
B) federal marshal.
C) governor of the state.
D) lieutenant governor.
E) a U.S. Supreme Court justice.

Question 15

The Texas Supreme Court has been very active in

A) overturning death penalty convictions.
B) liberalizing abortion rights.
C) reorganizing the court system.
D) extending the rights of accused criminals.
E) establishing education reform.

Question 16

The U.S. Supreme Court halted executions in all states in 1972, claiming they were

A) unnecessary.
B) partisan.
C) cruel and unusual.
D) outdated.
E) used too excessively.

Question 17

Courts with only appellate jurisdiction are only courts of last resort.

Question 18

Only Texas and Oklahoma have bifurcated court systems.

Question 19

The Texas supreme court stands as the pinnacle of the Texas court system.

Question 20

Municipal court judges in Texas are generally elected.

Question 21

The numbers of plea bargains has increased greatly in recent years because of increasing litigation.

Question 22

The Texas supreme court is the court of last resort for criminal and civil cases.

Question 23

Grand juries precede criminal trials.

Question 24

In the last decades, the influence of the Establishment on the Texas judiciary has been replaced by the influence of trial lawyers.

Question 25

Merit selection seems unlikely in Texas, especially since it would give more power to the governor.

Question 26

The case of Judge Sharon Keller and Michael Richard is an illustration of the great

A) power exercised by judges.
B) indifference of judges
C) importance of schedules.
D) sacrifices made by judges.
E) solidarity among justices.

Question 27

A serious criminal offense punishable by imprisonment or fine is a

A) misdemeanor.
B) infraction.
C) breach of the peace.
D) felony.
E) contravention.

Question 28

In Texas, most criminal activities and their punishments are defined

A) in the penal code.
B) in the criminal code.
C) as misdemeanors.
D) as felonies.
E) as inoffensive.

Question 29

All criminal cases are begun by the

A) governor.
B) state.
C) defendant.
D) accused.
E) chief justice.

Question 30

The power of hearing a case being brought for the first time is

A) appellate jurisdiction.
B) original jurisdiction.
C) final jurisdiction.
D) limited jurisdiction.
E) overlapping jurisdiction.

Question 31

The power that can overturn lower court cases is

A) limited jurisdiction.
B) original jurisdiction.
C) appellate jurisdiction.
D) ultimate jurisdiction.
E) statutory jurisdiction.

Question 32

Federal judges differ most importantly from Texas state judges in that the latter are elected

A) for life terms.
B) for limited terms.
C) and never appointed.
D) by senators.
E) by representatives.

Question 33

Texas has close to ___ municipal courts.

A) 500
B) 700
C) 900
D) 1100
E) 1300

Question 34

Unlike state courts with original jurisdiction over state law, municipal courts have ______ jurisdiction over city ordinances.

A) only original
B) only appellate
C) only final
D) only original and appellate
E) exclusive

Question 35

Counties in Texas are required to maintain at least one

A) bifurcated court.
B) civil court.
C) municipal court.
D) county court.
E) justice of the peace court.

Question 36

Cases from both justice of the peace courts and municipal courts can be appealed directly to

A) district courts.
B) county courts.
C) courts of appeals
D) the Texas supreme court.
E) the court of criminal appeals.

Question 37

Like the municipal courts, justice courts

A) are not courts of record.
B) are courts of record.
C) do not handle criminal cases.
D) do handle criminal cases.
E) handle only criminal cases.

Question 38

Which of the following is NOT an appellate court in Texas?

A) district courts
B) supreme courts
C) constitutional county courts
D) statutory probate courts
E) county courts at law

Question 39

Cases appealed from courts that are not courts of record are always

A) expedited.
B) refused.
C) tried de novo.
D) reversed
E) upheld.

Question 40

The executive duties of county judges can be explained by

A) demographic shifts.
B) the emergence of the two-party system.
C) the dominance of the Republican Party.
D) historical conditions.
E) urbanization.

Question 41

Statutory county courts differ from constitutional county courts in being created after the constitution and in

A) having a wider jurisdiction.
B) having criminal jurisdiction.
C) having civil jurisdiction.
D) being much more numerous.
E) being much less numerous.

Question 42

District courts have

A) extensive original jurisdiction.
B) regional jurisdiction.
C) jurisdiction over all county matters.
D) the right to hear appeals.
E) great power as a court of last resort.

Question 43

The primary trial court in Texas is the

A) county court.
B) district court.
C) municipal court.
D) supreme court.
E) statutory court.

Question 44

Plea bargaining has increased in Texas because of

A) changes in the law.
B) increased partisanship.
C) urbanization.
D) the growth of suburbs.
E) increased caseloads.

Question 45

Although Harris County has 59 district courts, it used plea bargains in an estimated _____ of cases.

A) 75%
B) 80%
C) 85%
D) 90%
E) 95%

Question 46

The courts of last resort in Texas are bifurcated to

A) limit their power.
B) conform to federal traditions.
C) better handle their case loads.
D) simply split up civil and criminal jurisdictions.
E) cover different regions.

Question 47

The Texas supreme court is often mistakenly understood to be the

A) court of last resort for criminal jurisdiction.
B) only court with original jurisdiction.
C) appellate court.
D) highest appellate court.
E) highest court in Texas.

Question 48

Voter influence over the judiciary has been diluted by

A) rampant fraud.
B) extralegal appointments.
C) mid-term appointments.
D) county commissioners.
E) justices of the peace.

Question 49

District attorneys do all of the following EXCEPT

A) prosecute felonies.
B) handle misdemeanors.
C) represent several counties.
D) always represent one county.
E) represent one or several counties.

Question 50

The original purpose of a grand jury was to invoke safeguards against

A) mistrials.
B) petit juries.
C) trial juries.
D) indictment.
E) wrongful criminal proceedings.

Question 51

To begin a criminal prosecution, a grand jury must issue a(n)

A) warrant.
B) writ of mandamus.
C) summons.
D) indictment.
E) arrest.

Question 52

For a grand jury to issue an indictment at least __ of the 12 jurors must agree that a prosecution is warranted.

A) 5
B) 6
C) 7
D) 8
E) 9

Question 53

Failing to appear for jury duty can lead to a fine for

A) contempt of court.
B) evasion.
C) perjury.
D) a misdemeanor.
E) a felony.

Question 54

Appeals that reach the supreme court need the approval of four of the nine justices to be

A) heard.
B) rejected.
C) upheld.
D) granted a writ of mandamus.
E) indicted.

Question 55

If a case is granted review by the supreme court, what will take place in court?

A) Attorneys' oral arguments
B) Witnesses will be called
C) Depositions will be reviewed
D) A verdict
E) New lawyers will be selected

Question 56

Judicial activism runs contrary to the principle of

A) separation of powers.
B) strict construction.
C) legal ethics.
D) judicial fairness.
E) broad interpretation.

Question 57

Texas has traditionally been a state where the principle of _______ has been dominant in the courts.

A) broad interpretation of laws
B) loose reading of laws
C) legislative restraint
D) judicial activism
E) strict construction

Question 58

In 1986, Texas Chief Justice John Hill advocated that judges be selected by

A) election.
B) the legislature.
C) other justices.
D) a merit system.
E) the Texas bar.

Question 59

Merit selection of justices would directly eliminate the problem of

A) corrupt judges.
B) mistrials.
C) partisanship.
D) judicial activism.
E) the influence of campaign contributions.

Question 60

In the tort reform battle, the Texas Civil Justice League and Texans for Lawsuit Reform were opposed by

A) business groups.
B) Governor Clements.
C) consumer groups.
D) Governor Perry.
E) Governor Bush.

Question 61

In the 1980 Texas supreme court election, twelve candidates raised _____ million dollars in direct campaign contributions

A) 1
B) 3
C) 5
D) 8
E) 10

Question 62

The first Hispanic to fill a Texas supreme court position was

A) Alberto Gonzales.
B) Fortunata P. Benevides.
C) Raul A. Gonzalez.
D) Xavier Rodriguez.
E) Dan Morales.

Question 63

The first African American to serve on the Texas Supreme Court was

A) Wallace Jefferson.
B) Bill Clements.
C) Morris Overstreet.
D) Rene Haas.
E) Alberto Gonzales.

Question 64

Under the merit selection plan, judges would be first put forward as candidates by

A) the governor.
B) a retention election.
C) the Texas bar.
D) their party.
E) nominating commissions.

Question 65

What element of the proposed merit system for selecting judges would presumably be nonpartisan?

A) Nominating commissions
B) The governor
C) Voters
D) Retention elections
E) The judges

Question 66

In the proposed merit selection system for electing Texas judges, which of the following would NOT be involved?

A) The judiciary
B) The legislature
C) The executive
D) Voters
E) Interest groups

Question 67

The ruling in Edgewood v. Kirby can be seen as

A) judicial activism.
B) judicial restraint.
C) narrow interpretation.
D) partisanship.
E) contract theory.

Question 68

Two areas of the government most involved in the abortion and school finance battles in Texas have been

A) the legislature and the executive.
B) the legislature and the supreme court.
C) the district courts and the legislature.
D) the bureaucracy and the legislature.
E) the legislature and the electorate.

Question 69

Those opposed to recent school finance laws would argue that it was

A) a violation of First Amendment Rights.
B) racist.
C) unnecessary.
D) partisan.
E) unconstitutional.

Question 70

After the Republican takeover of the Texas court of criminal appeals in 1998, the court

A) compiled a strong pro-prosecutorial record.
B) reversed more convictions.
C) prosecuted fewer death penalty cases.
D) became more involved in setting policy.
E) became more liberal.

Question 71

A conviction of capital murder in Texas always carries a sentence of life imprisonment or

A) deportation.
B) death.
C) 25 years.
D) 50 years.
E) 100 years.

Question 72

The U.S. Bill of Rights has been applied to Texas through application of the

A) First Amendment.
B) Second Amendment.
C) Fourteenth Amendment.
D) Nineteenth Amendment.
E) Twenty-third Amendment.

Question 73

Executions in Texas were halted temporarily in

A) 1962.
B) 1972.
C) 1982.
D) 1992.
E) 2002.

Question 74

The term "capital murder" makes reference to the _______ in such cases.

A) sentence
B) venue
C) defendant
D) crime
E) judge

Question 75

Felonies and misdemeanors are crimes.

Question 76

Civil lawsuits are by definition not criminal.

Question 77

Original jurisdiction gives a court the right to initiate criminal prosecutions.

Question 78

All courts have both original and appellate jurisdiction.

Question 79

Bifurcation of the Texas courts of last resort is consistent with the preference for fragmentation throughout the state constitution.

Question 80

The Texas courts of last resort are bifurcated as to geographical jurisdiction.