Deck 9: The Judiciary

Question 1

​Which statementaboutdistrict courts is not true?

A)​They share some jurisdiction with county courts.
B)​They have both criminal and civil jurisdiction.
C)​They may, in urban areas, specialize in criminal, civil, or family law.
D)​Their cases are appealed directly to the Texas Supreme Court.
E)​All of these statements are true.

Answer 1

D

Question 2

​Which statements reflects the idea that judges in Texas are "above politics"?

A)​Judges rely on neutral, impersonal criteria in making decisions.
B)​People are more likely to comply with decisions of judges if the judges are nonpolitical.
C)​Judges aremoved less by personal issues and are more outside influence than governors and legislators are.
D)​All of these statements apply.
E)​None of these statements apply.

Answer 2

D

Question 3

​Which statement is not true regarding justice of the peace courts?

A)​There are no constitutional or statutory qualifications for justice court judges, so only 6 percent of these judges are lawyers.
B)​Except for the largest counties, justices of the peace function as coroners despite having no medical training.
C)​They handle both civil and criminal matters.
D)​They have both original and appellate jurisdiction.
E)​All of these statementsare true.

Answer 3

D

Question 4

​Whichphrase reflects the idea that judges in Texas are "political"?

A)judicial interpretations
B)​being elected officeholders in Texas
C)representing different political parties, ideologies, and personal philosophies
D)all of these
E)​none of these

Question 5

The principal trial courts in Texas are the _____ courts.

A)municipal
B)justice of the peace
C)county
D)district
E)probate

Question 6

​Advisory opinions are important because they _____.

A)​save time and money for Texas officials as an alternative to going to court
B)​advise state and local governments on whether to release information
C)​deal with the legality of proposed government laws and actions
D)​are handed down by the attorney general
E)all of these

Question 7

In Texas,the legislature and agencies of the executive branch commonly seek the advice of the_____ regarding the constitutionality of legislative proposals,rules,and procedures.

A)State Bar of Texas
B)Texas Supreme Court
C)governor
D)attorney general
E)TexasLegislative Counsel

Question 8

Which judge may serve as a coroner to certify cause of death despite having no medical training?

A)municipal judge
B)justice of the peace
C)district judge
D)county court at law judge
E)Supreme Court justice

Question 9

Which of these does not describe the State Bar of Texas?

A)​the highest appeals court in the state
B)​a government agency
C)​a professional organization
D)​an influential interest group
E)​a required membership for lawyers in the state

Question 10

The mythical vision most Americans hold of judges sees them as all of these except _____.

A)incorruptible
B)prejudiced
C)objective
D)impartial
E)nonpolitical

Question 11

Justices of the peace in Texas may be responsible for _____.

A)adjudicating DWI cases
B)probating wills
C)issuing indictments
D)hearing appeals from municipal courts
E)acting as small claims courts

Question 12

Which of these courts have no civil jurisdiction and deal mainly with violations of traffic laws?

A)municipal courts
B)justice of the peace courts
C)county courts at law
D)constitutional county courts
E)district courts

Question 13

Which of these best describes a court with "original jurisdiction"?​

A)​a court that hears death penalty cases
B)​a court that gets its authority from the Texas Constitution
C)​a court that has the authority to consider cases in the first instance or at the beginning
D)​an appellate court
E)​a court that has been granted both civil and criminal jurisdiction

Question 14

Probate courts,whichhandle wills and estates,are foundat which level?​

A)​appellate
B)​district
C)​county
D)​justice of the peace
E)​municipal

Question 15

​The term municipal courts refers to _____.

A)​courts that are run by city governments and have jurisdiction over city ordinances
B)​courts that answer to state district courts and handle felony criminal cases
C)​the county commissioners court
D)​courtsthat handle appeals
E)justice of the peace courts

Question 16

The structure of Texas's highest appellate courts is unique,as only Texas and Oklahoma organize their courts in this manner.What makes the structure so unusual?

A)Cases from district and county courts are combinedinto one appellate system.
B)The highest appellate jurisdiction is splitbetween two courts, one civil and one criminal.
C)There is no supreme court.
D)Appellate judges are appointed.
E)The courts operate on the same biennial schedule as the legislature.

Question 17

The most publicized advisory opinion issued in recent years by the attorney general dealt with _____.

A)abortion
B)affirmative action
C)school prayer
D)eminent domain
E)campaign finance

Question 18

Functions of the civil and criminal judicial systems include all of the following except _____.

A)punishing criminals
B)settling disputes
C)interpreting statutory law
D)drafting constitutional amendments
E)awarding damages in civil cases

Question 19

​Which of these is not a concern about the structure of the Texas court system?

A)​There is duplication of jurisdiction.
B)​It lacks standardization from county to county.
C)​Not all courts keep records of their proceedings.
D)​The structure is subject to the attorney general's control.
E)​It is essentially the same today as it was under the Republic of Texas.

Question 20

​The primary job of the attorney general is to _____.

A)​make decisions on affirmative action
B)​represent the state or its agencies in court
C)​appoint judges to fill vacancies
D)​hear complaints involving judicial misconduct
E)​assess judicial qualifications for office

Question 21

When an accused person enters a plea of guilty after negotiating a lesser charge,it is known as a _____.

A)good deal
B)plea bargain
C)common plea
D)raw deal
E)hung jury

Question 22

A system in whichthe governor makes appointments from a list submitted by a commission and judges must be reapproved in a referendum at regular intervals is called a _____ system.

A)partisan election
B)nonpartisan election
C)legislative appointment
D)gubernatorial appointment
E)merit selection

Question 23

In what wayare social and fiscal conservatives in Texasat odds over how to deal with crime?

A)​Social conservatives want to punish criminals harshly, but fiscal conservatives object to the expense oflong prison sentences.
B)​Fiscal conservatives prefer alternative sentencing to avoid the high cost of building and maintaining prisons.
C)Both social and fiscal conservatives believe that more money should be spent on punishing criminals, but they disagree on how to spend the money.
D)Social conservatives want to punish criminals harshly, but fiscal conservatives object to the expense of long prison sentences and prefer alternative sentencing to avoid the high cost of building and maintaining prisons.
E)​All of these are ways in which social and fiscal conservatives are at odds.

Question 24

District and appellate judges in Texas may be removed from office by _____.

A)impeachment after a vote of two-thirds majority in the legislature
B)the attorney general
C)removingtheir funding from the budget
D)a statewide referendum
E)the governor

Question 25

Which statement is not an accurate characterization of crime and punishment in Texas​?

A)​Courts in Texas are badly overcrowded.
B)​Prisons in Texas are badly overcrowded.
C)​Texans have reported feeling safer as the crime rate has gone down over the last decade.
D)​Despite the crime rate going down over the last decade, Texas still has a high rate of street crime.
E)​The focus on plea bargains puts criminals back on the streets more quickly.

Question 26

Lower-court trial juries consist of _____ members,whereas district court juries consist of _____ members.

A)3; 9
B)6; 12
C)8; 15
D)9; 18
E)5; 10

Question 27

In Texas,all judges except municipal judges are _____.

A)appointed by the governor
B)chosen in partisan elections
C)chosen in nonpartisan elections
D)elected by the legislature
E)selected according to a merit plan

Question 28

The _____ is authorized by the legislature to reprimand or disbar any practicing attorney in the state for fraudulent,dishonest,or unethical conduct.

A)American Bar Association
B)State Bar of Texas
C)Texas Supreme Court
D)attorney general
E)governor

Question 29

​Which statement is not a criticism of Texas's system for selecting state district judges?

A)​Toofew minorities have been elected to judicial positions in Texas.
B)​The lack of minority judges undermines minority citizens' faith in the justice system.
C)​Single-member districts would provide better judicial representation to specific areas.
D)​State district judges should be appointed by the governor or county judges.
E)Creating minority-controlled districts would provide better minority representation on the bench.

Question 30

The Texas court with final appellate jurisdiction in civil cases is the _____.

A)District Court
B)Court of Appeals
C)Supreme Court
D)Court of Criminal Appeals
E)Justice of the Peace Court

Question 31

Critics of the judicial selection process in Texas argue that _____.

A)judges' reliance on campaign contributions compromises their independence
B)partisan elections permit judges to be corrupted by campaign contributions
C)public financing of judicial campaigns would help to eliminate the idea that judges are controlled by special interests
D)all of these
E)none of these

Question 32

Indictmentscan beissued in Texas by _____.

A)district courts
B)the prosecuting attorney
C)trial juries
D)the law enforcement agency that made the original arrest
E)a grand jury

Question 33

The highest appeals court for criminal matters in Texas is the _____.

A)Supreme Court
B)Court of Criminal Appeals
C)Court of Appeals
D)Court of Grand Appeals
E)Justice of the Peace Court

Question 34

​What is the purpose of the Texas Commission on Judicial Conduct?

A)​to hear complaints against judges and determine whether to censure, reprimand, or recommend their removal
B)​to impeach judges
C)​to disbar judges and attorneys
D)​to indict judges for criminal wrongdoing
E)​all of these

Question 35

​Felonies are _____,while misdemeanors are _____.

A)​criminal cases; civil cases
B)​serious crimes; minor crimes
C)​trial cases; appellate cases
D)​cases with attorneys present; cases where people represent themselves
E)​none of these

Question 36

The appellate courts in Texas operate without _____.

A)presentation of factual evidence in a case
B)political considerations
C)juries
D)arguments of legal counsel
E)written records

Question 37

When a grand jury issues an indictment,this means that _____.

A)a defendant is guilty of the charges against him or her
B)the governor is eligible to pardon the defendant
C)enough evidence exists to justify official charges against a defendant
D)a prosecutor is ready to drop the case against the defendant
E)a convict must be released from prison

Question 38

​An official accusation of criminal wrongdoing is called a(n)_____.

A)​decision
B)​appeal
C)​civil trial
D)​​indictment
E)criminal trial

Question 39

Midterm vacancies in district courts in Texas are filled by _____.

A)the secretary of state
B)joint appointment by the speaker of the House and the lieutenant governor
C)gubernatorial appointment
D)the attorney general
E)justices of the peace in the county of the vacancy

Question 40

​How are trial juries different from grand juries?

A)​​Grand juries deal with civil cases, while trial juries deal with criminal cases.
B)​​​Grand juries exist mainly in rural areas, andtrial juries are usedmainly inurban areas.
C)​Grand juries determine whether there is enough evidence to charge someone with a crime, whereas trial juries determine guilt or innocence.
D)​​​Trial juries decide guilt or innocence, and grand juries hear appeals.
E)​Grand jurieshave fewer members; otherwise, there is no difference between them and trial juries.

Question 41

Discuss classical notionsregarding whether judges should be "politicians in black robes." Explain why,in modern times,these classical notions of judges being "above politics" express an impractical idealism.

Question 42

​Some states use nonpartisan elections to choose their judges.What is a nonpartisan election plan?​

A)​the Texas plan for selecting judges
B)​the citizens vote for judges, but no party labels appear on the ballot
C)​where either the legislature or the governor appoints the judges
D)​a merit plan
E)​elections in which candidates run as Democrats or Republicans

Question 43

​Differentiate between grand juries and trial juries.How are their functions different?How are they chosen?

Question 44

​State district judges in Texas are selected by _____.

A)​single-member district election
B)​at-large election
C)​statewide election
D)​gubernatorial appointment
E)​appointment by county judges

Question 45

​Studies show that the most important factor in predicting how a judge decide cases is the judge's _____.

A)​political party
B)gender
C)age
D)socioeconomic status
E)​law school background

Question 46

Explain the difference between original jurisdiction and appellate jurisdiction.

Question 47

​Whichstatement best summarizes the arguments in support of partisan elections?

A)​Party labels are less important than other information like the candidate's experience and the law schoolattended.
B)​Party labels are outdated and should be replaced by elections without any party labels on the candidates.
C)​The voters will be assured of better judges when the candidates do not have to campaign.
D)​Party labels tell voters about the candidates' views on government and provide crucial information about the candidates.
E)​None of these statements summarizes those arguments.

Question 48

Discuss the factors that account for charges of unequal justice in Texas and give examples.Explain how the state has acted to try to mitigate those problems.

Question 49

When considering the overall quality of justice in Texas,the text concludes​ that _____.

A)​the quality of legal representation by court-appointed attorneys is often poor
B)​poor and minority defendants probably have a greater chance of being incarcerated and executed
C)​minority judges are underrepresented in the state district courts
D)​there are numerous examples of people who have been convicted of crimes only to have later advances in investigative science prove them innocent
E)​all of these

Question 50

​Critics of single-member districts for district judges argue that _____.

A)​the Voting Rights Act forbids discrimination against voters , but it does not guarantee that minority candidates must win
B)the lack of minority success at the polls is linked to those candidates mainly being Democrats
C)at-large elections plans ensure that each candidate must consider the welfare of the entire county rather than just a part of it
D)​such a plan creates a Democratic protection plan
E)​all of these

Question 51

Explain how judges in Texas are selected.Discuss the pros and cons of the Texas method of selection.

Question 52

The Texas Fair Defense Act attempts to remedy the problem of unequal justice by establishing _____.

A)a public defender system in felony cases
B)a strict code of conduct for attorneys
C)limits on appeals in death penalty cases
D)uniform sentencing guidelines
E)an automatic appeals process for those convicted of crimes

Question 53

How do other states around the country select judges?Discuss three other approaches to judicial selection taken by other states.

Question 54

The cases of Ben Salazar,Kevin Byrd,Roy Wayne Criner,and Josiah Sutton illustrate that _____.

A)wealthy defendants have a greater chance of being incarcerated
B)innocent people have been convicted of crimes and sentenced to prison
C)the judicial process always works
D)citizens can have confidence that only the guilty are convicted
E)only defendants with criminal records are sentenced to death

Question 55

Discuss the major arguments in support of single-member districts for state district judges.In contrast,discuss the major arguments in support of at-large elections.

Question 56

Discuss the shortcomings of Texas's use of appointed attorneys to represent poor people accused of crimes.​

Question 57

Which of these was a concern in the conviction and execution of Cameron Todd Willingham?

A)The conviction was based on "junk science" in the area of arson detection.
B)The conviction relied on evidence supplied by a jail-house informant who was promised a reduced sentence.
C)The execution raised questions about whether an innocent man was put to death.
D)All of these were concerns.
E)None of these was a concern.

Question 58

​The Texas court structure has a number of weaknesses that prevent it from working effectively.Discuss three such weaknesses.

Question 59

Critics of Texas's system for providing legal representation to poor people accused of crimes argue that _____.

A)​the rate of compensation provided to court-appointed attorneys is too low
B)​the quality of representation by court-appointed attorneys is low
C)​the performance of court-appointed attorneys is too low
D)​the state needs a system of public defenders
E)​all of these

Question 60

​Explain what is meant by a "two supreme court" system.

Question 61

Cross-Chapter Essay Question (Chapters 9 and 10): Discuss concerns about the use of the death penalty in Texas.Provide examples to support your arguments.

Question 62

Cross-Chapter Essay Question (Chapters 2 and 9): Discuss the impact of the Texas Constitution on the present-day structure of the Texas court system.Explain the resulting problems.