Chapter 5: The Court System in Texas

How are trial courts different from appellate courts?

Trial courts are localized.

True or false: When a judicial office becomes vacant, the governor of Texas may appoint a replacement.

True

A(n) ___________ court primarily considers questions such as, "Were legal procedures followed?"

appellate

The most important difference between trial and appellate courts is

appellate courts decide cases based on points of law.

In what ways do courts differ from governors and legislatures in the way that they make decisions?

-Courts must enforce rules that restrict access to the courts. -Courts must maintain a passive role. -Courts must confine their decisions to the specifics of the case before them.

Switching from a partisan election system to a nonpartisan election system for judicial selection would result in which of the following?

-It would reduce the cost of campaigns. -It would eliminate straight-ticket voting.

Which of the following would be true if all criminal cases were subject to jury trials?

-It would result in increased costs. -More court officers would be needed.

In Texas, which of the following courts are trial de novo courts?

-JP courts -municipal courts

Which of the following statements about grand juries in Texas are true?

-Most grand jury members follow the advice of the prosecuting attorney. -The district judge summons potential jurors and selects 12 citizens to serve as grand jurors. -Juror's names can be supplied to the judge by a grand jury commissioner.

Which steps in a case involving serious criminal charges can occur at the municipal level?

-Person is told of his or her rights. -Bail is set.

In which states can judges be elected from the legislature?

-South Carolina -Virginia

What method do Texas courts use to screen criminal cases?

-administrative hearings -grand juries

Under a merit system of electing judges, judges

-are initially appointed by the governor. -must stand for a periodic retention election.

Which of the following can be heard in a Justice of the Peace court in Texas?

-cases involving traffic tickets -criminal misdemeanor cases -requests for search-and-arrest warrants

Which of the following are county courts?

-constitutional county courts -county courts at law

Which of the following may Texas district court judges remove?

-county judges -justices of the peace

For petit juries, how do jurisdictions collect names for jury selection?

-from lists of licensed drivers -from voter registration lists

In addition to appointment by governor, which of the following are possible alternative to Texas's partisan judicial election system that are in use in other states?

-merit plan -nonpartisan elections

Which of the following are methods of judicial removal used by at least one state?

-removal by the state legislature with a supermajority vote -impeachment -judicial conduct commission

All the following are methods of judicial selection used by states around the United States except

-the administrative hearing system.

In what instances can the Texas governor fill a seat for district or appellate court?

-vacancy because of death -vacancy because of resignation -a new position created by the legislature

How many intermediate appellate courts are there in Texas?

14

Because Texas uses a partisan election system to select judges, a candidate for either the Democratic or Republican party must win ___________ elections to reach the bench.

2

How many levels of courts do most state court systems have?

3

How many separate state jurisdictions exist side by side with the federal courts?

50

Approximately what percentage of the population in Texas lives in urban areas?

80

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Both trial court judges and appellate court judges are selected via partisan elections in Texas. However, since the governor has the authority to fill any seat for district or appellate courts that become vacant due to death or resignation (or any new district court position created by the legislature), some argue that Texas really has which system?

appointive-elective system

The American legal system can be divided into broad branches. What are these branches?

civil and criminal

Although statutes may create general requirements, courts often ask if there are special circumstances that should lead the court to deal with a particular individual differently. This can be described as

countermajoritarianism

In Texas, as in most states, which courts hear major criminal and civil trials?

district

Since most voters in Texas go to the election booth with scant knowledge about the qualifications of judicial candidates, they often end up voting by name

familiarity

Trial court judges are elected for ________ terms, and appellate court judges are elected for _______ terms.

four-year; six-year

In Texas the Court of Criminal _____________ focuses on criminal cases, while the Texas _______________ Court focuses on civil cases.

Appeals; Supreme

_____________ courts primarily hear intermediate criminal and civil cases.

County

stare decisis

Court decisions depending on previous rulings of other courts.

True or false: Law firms and other organizations that have business before a Texas judge are not permitted to give money to that judge's election campaign.

False. Campaign contributions often come from law firms and other organizations that have business before the judge who receives the money.

appellate courts

Higher-level courts that decide on points of law and not questions of guilt of innocence.

Which article of the U.S. Constitution established the Supreme Court and gave the Congress the authority to create other lower federal courts?

III

majoritarianism

Law in a sense applies to all people in a category of citizens, without exceptions. It embodies a majority rule.

trial courts

Local courts that hear cases; juries determine the outcome of the cases heard in the court.

__________ courts hear all cases involving violations of city ordinances.

Municipal

What is unique about a trial de novo court?

No record of the proceeding is kept.

___________ ______________ voting allows a voter to vote for all candidates in a party making a single mark on the election ballot.

Straight ticket

objectivity

The appearance that courts make objective decisions and not political ones.

Which of the following statements about women in the Texas judiciary is accurate?

The number of female judges in the state is significant and growing.

Primarily __________ states have several courts of appeal.

large urban

In Texas, the method of removal of state judges can depend on the

level of the judgeship.

In finding solutions in conflicts between individuals, the courts

may create laws that affect individuals other than case participants.

The two types of minor courts in Texas are justice of the peace and ______________ courts.

municipal

In what manner are trial and appellate court judges in Texas elected?

partisan election

When reviewing crime rates, there is a strong correlation between the ________ and the crime rates.

percentage of the population living in urban areas

In Texas, the State Commission on Judicial Conduct can take all of the following actions concerning the disciplining of a judge except

remove the judge.

In states with partisan elections, judges are most likely to be

responsive.

In which of the following areas are judges that are appointed by the governor considered to be weak?

responsiveness

In states that use the merit plan, after their term is up a judge must stand for a ____________________ election.

retention

Under what principle must courts follow the precedent of former cases and diverge only when they can show good cause?

stare decisis

Mr. Smith was found guilty of capital murder in a Texas district court. Because it involves the death penalty, Mr Smith's case, on appeal, will be hard next by which Texas court?

the Court of Criminal Appeals

Also known as the Missouri system, ________ is/are a method of judicial selection by which the governor of a given state appoints judges from a list submitted by a screening committee of legal officials.

the merit system

Under the Texas partisan election system, judges must win nomination in

the party primary and the general election.

Why are death penalty cases automatically appealed in Texas?

to ensure procedural accuracy

countermajoritarianism

Where special circumstances exist that make the application of the general law to a specific individual illegal.

A hearing before a judge who decides if a person must stand trial is known as a(n)

administrative hearing.