Deck 6: The Texas Judiciary

Question 1

Arguments against judicial elections include all of the following EXCEPT:

A) Judicial elections are costly.
B) Judicial elections turn judges into partisan politicians.
C) Judicial selection produces competent, qualified judges.
D) Judicial candidates funded by special interests are less likely to be independent as judges.
E) Public opinion supports judicial selection.

Answer 1

Public opinion supports judicial selection.

Question 2

What is the lowest tier of the Texas judicial system?

A) state trial courts of general jurisdiction
B) local trial courts of limited jurisdiction
C) state intermediate appellate courts
D) county trial courts of limited jurisdiction
E) judges with no set jurisdiction

Answer 2

local trial courts of limited jurisdiction

Question 3

Which of the following courts is most likely to hear cases involving traffic misdemeanors?

A) federal courts
B) state courts
C) municipal courts
D) special district courts
E) regional administrative courts

Answer 3

municipal courts

Question 4

Which of the following courts does NOT have appellate jurisdiction?

A) the Supreme Court
B) constitutional county courts
C) county courts at law
D) the Court of Criminal Appeals
E) municipal courts

Question 5

Trials de novo are necessary because

A) county courts need transcripts of trials before deciding to hear a case on appeal.
B) justice of the peace courts lack the constitutional authority to hear cases on appeal.
C) few municipal courts and no justice of the peace courts are courts of record.
D) juries are not involved in state appellate courts.
E) counties can refuse to hear cases before trials are held.

Question 6

Each county in Texas has a single

A) justice of the peace court.
B) constitutional county court.
C) municipal court.
D) district court.
E) supreme court.

Question 7

Cases heard by ___________never involve juries.

A) county trial courts
B) municipal courts
C) state intermediate appellate courts
D) justice of the peace courts
E) local trial courts of limited jurisdiction

Question 8

Most district courts 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 9

If a party in a suit files a petition for a review, they are requesting that the Texas Supreme Court review the decision of the

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

Question 10

The two supreme courts consist of ___________members each.

A) 3
B) 6
C) 7
D) 9
E) 12

Question 11

Which of the following cases is automatically reviewed by the Texas Court of Criminal Appeals?

A) Capital murder cases
B) misdemeanors
C) trials de novo
D) en banc appeals
E) juvenile cases

Question 12

Most Texas judges are

A) appointed by the governor with the consent of the Senate.
B) elected in partisan elections.
C) appointed by the Judicial Commission.
D) elected in nonpartisan elections.
E) appointed by the Attorney General.

Question 13

The Texas Constitution requires that supreme court judges be

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

Question 14

One of the reform proposals considered since the 1940s would allow judges to be selected based on a___________System.

A) seniority
B) party
C) lottery
D) partisan
E) merit

Question 15

A loophole in the Judicial Campaign Fairness Act is the lack of

A) limits placed on contributions to judicial candidates in contested elections.
B) limits placed on contributions to judicial candidates in uncontested elections.
C) a requirement that judicial candidates file disclosure reports.
D) a legal means of punishing judicial candidates who do not abide by the rules of the act.
E) a requirement that a judge who has received a large contribution from a lawyer or party to a suit before the court recuse himself or herself from the case.

Question 16

A suspect is usually fingerprinted and photographed during the___________phase.

A) arraignment
B) booking
C) pretrial motions
D) arrest
E) interrogation

Question 17

Questions about what evidence is admissible and what witnesses may testify about are determined in the

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

Question 18

If a defendant is indigent, he or she may receive a court-appointed attorney during the

A) booking phase.
B) arraignment phase.
C) magistrate appearance phase.
D) arrest phase.
E) search warrant phase.

Question 19

In Texas, trials are conducted in two distinct phases:

A) the arrest phase and the arraignment phase.
B) the booking phase and the indictment phase.
C) the guilt determination phase and the sentencing phase.
D) the pretrial motions phase and the guilt determination phase.
E) the punishment phase and the release phase.

Question 20

Most Texas constitutions have provided for the popular election of judges.

Question 21

The Texas judiciary is one of the simplest judicial systems in the United States.

Question 22

County courts have appellate jurisdiction over municipal courts and justice of the peace courts.

Question 23

If a party wants the Texas Supreme Court to review the suit, the party must file a petition for a trial de novo.

Question 24

The Texas Supreme Court deals strictly with civil matters.

Question 25

The Texas Supreme Court and the Texas Court of Criminal Appeals are courts of last resort (unless a federal question is involved).

Question 26

District courts hear felony criminal cases.

Question 27

Texas has the death penalty.

Question 28

Texas judges are quite similar in education and training.

Question 29

Justices of the peace are required to be registered voters, but there are no educational, age, or experience requirements.

Question 30

In 2006, all members of the Texas supreme courts were Republican.

Question 31

The Texas Supreme Court ruled the Judicial Campaign Fairness Act of 1995 unconstitutional.

Question 32

Judges in Texas are predominantly middle-aged, Anglo males.

Question 33

In Texas, law firms and PACs can legally contribute money to the campaigns of judge who hears cases that affect the law firms or the PACs.

Question 34

Prosecutors and defense attorneys can use their peremptory challenges to exclude potential jurors based on their race or gender.

Question 35

Determinations regarding what evidence will be admissible in a trial are made during pretrial motions.

Question 36

Procedures in the criminal justice process tend to be more formal than procedures in the civil justice process.

Question 37

In capital murder cases juries, not judges, decide if the defendant receives the death penalty.

Question 38

Discuss some of the differences between the Texas Supreme Court and the Texas Court of Criminal Appeals.

Question 39

How and why do Texas judges differ in education and training?

Question 40

Discuss the ethnic and racial composition of the Texas judiciary.

Question 41

Why were county courts at law created?

Question 42

What is the difference between original and appellate jurisdiction? Which Texas courts have original jurisdiction and which have appellate jurisdiction?

Question 43

Explain the various phases of the criminal justice process.

Question 44

How do courts of last resort work in the Texas system? What effects does this system have?

Question 45

Discuss the various components of the Judicial Campaign Fairness Act of 1995 and identify important loopholes in the Act. What accounts for the loopholes? In your opinion, should the loopholes be closed? Why or why not?

Question 46

Trace the process by which a case makes its way through the judicial system and eventually reaches the Texas Supreme Court or the Texas Court of Criminal Appeals.

Question 47

Compare the judicial system in Texas with the system found in other states.