POL: Ch 5 - The Court System in TX
Under the merit plan, how do judges first assume the bench?
They are appointed by the governor from a list supplied by a judicial panel.
Which of the following best describes the role of the courts in Texas?
They resolve individual conflicts by interpreting and enforcing existing rules and laws.
How are trial courts different from appellate courts?
Trial courts are localized.
As of 2020, straight-ticket voting is prohibited in Texas.
True
Most criminal cases in Texas never go to trial.
True
True or false: Unlike appellate courts, which involve virtually no direct citizen participation, trial courts have citizens participate as members of juries and as witnesses during trials.
True
True or false: When a judicial office becomes vacant, the governor of Texas may appoint a replacement.
True
In which of the following ways do courts differ from governors and legislatures in how they make decisions?
- Courts must confine their decisions to the specifics of the case before them. - Courts must maintain a passive role. - Courts must enforce rules that restrict access to the courts.
Switching from a partisan election system to a nonpartisan election system for judicial selection would result in which of the following?
- It would eliminate straight-ticket voting. - It would reduce the cost of campaigns.
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.
What system of electing judges involves appointment by the governor and a periodic retention election?
- Missouri system - merit
Which of the following statements about grand juries in Texas are true?
- Most grand jury members follow the advice of the prosecuting attorney. - Jurors' names can be supplied to the judge by a grand jury commissioner. - The district judge summons potential jurors and selects 12 citizens to serve as grand jurors.
In which states can judges be elected from the legislature?
- South Carolina - Virginia
Which of the following are true of defendants in both criminal and civil cases in Texas?
- They have the right to a trial by jury. - They can waive their right to a trial by jury and let the judge decided their case.
What two methods of selection result in a judiciary that is strong on independence?
- appointment by governor - election by legislature
Under a merit system of electing judges, judges ______.
- are initially appointed by the governor - must stand for a periodic retention election
The Texas Family Code, which covers family law cases, allows judges or juries to determine the outcome of cases. However, juries are prohibited in what situations?
- certain parenting situations - adoptions
Judicial selection revolves around which three basic issues?
- competency - independence - responsiveness
Which of the following are county courts?
- county courts at law - constitutional county courts
For petit juries, how do jurisdictions collect names for jury selection?
- from voter registration lists - from lists of licensed drivers
Which types of officials may Texas district court judges remove?
- justices of the peace - county judges
In Texas, which of the following courts are trial de novo courts?
- municipal courts - JP courts
Which of the following are rules of access that parties who want a court to resolve their dispute must satisfy?
- someone must have suffered real damage - the case must involve a real controversy between two or more parties
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
Which steps in a case involving serious criminal charges can occur at the municipal level?
-Bail is set. -The person is told of his or her rights.
Switching from a partisan election system to a nonpartisan election system for judicial selection would result in which of the following?
-It would eliminate straight-ticket voting. -It would reduce the cost of campaigns.
Which of the following statements about grand juries in Texas are true?
-Jurors' names can be supplied to the judge by a grand jury commissioner. -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.
Identify all the following courts of last resort in Texas.
-Texas Court of Criminal Appeals -Texas Supreme Court
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
Which of the following can be heard in a justice of the peace court in Texas?
-requests for search-and-arrest warrants -cases involving traffic tickets -criminal misdemeanor cases
Which of the following are rules of access that parties who want a court to resolve their dispute must satisfy?
-someone must have suffered real damage -the case must involve a real controversy between two or more parties
How many intermediate appellate courts are there in Texas?
14
Approximately what percentage of all judges in Texas are identified as Hispanic?
17%
There are ______ types of county courts in Texas.
2
How many states, if you include Texas, allow impeachment to remove judges for misconduct?
47
How many separate state jurisdictions exist side by side with the federal courts?
50
Traditionally in Texas, judges initially obtain their positions by
appointment either by the governor or a county governing body.
Few other countries have dual court systems. Ours developed
because of the United States' federal system of government.
In most cases, how are judges in Texas selected?
by partisan election
All of the following are regarded as major criminal cases (felonies) and civil cases that are heard first at the district court level, except ______. A. murder B. car theft C. child custody D. armed robbery
child custody
Appellate courts in Texas can hear which of the following?
civil and criminal appeals cases, including all those involving the death penalty
It is generally ______ judges and legal scholars who argue that courts should not be engaging in a policy-making role.
conservative
The majority of court cases deal with ______.
controversies between individuals
The appellate courts for cases originally heard by JP and municipal courts are called
county courts.
A bookkeeper at a Methodist church embezzles almost $1,300 by issuing company checks to herself and cashing them into her account. In which of the following court systems would she be tried?
county-level court
A 34-year-old appeals a capital murder conviction on the grounds of mental retardation. In which of the following court systems would this person be tried?
court of appeals
Texas courts differ from legislatures in that
courts cannot initiate policy changes.
What is the most important difference between trial and appellate courts?
deciding points of fact versus points of law
In Texas, as in most states, which courts hear major criminal and civil trials?
district
A man taking the bus is stopped by police and asked for identification. Police find that there's an outstanding warrant against him and seize his luggage. They find a loaded handgun in his luggage, and they arrest him for being a felon in possession of a firearm. In which of the following court systems would he be tried?
district court
A member of the Houston city council is arrested for evading arrest after police allegedly clock him driving 63 miles per hour in a 45 miles-per-hour zone. In which of the following court systems would he be tried?
district court
A roofing company made repairs to a private home after a hailstorm. Following the repairs, part of the roof collapsed during a heavy rainstorm. The homeowner sued the roofing company for damages amounting to $170,500. In which of the following court systems would this case be tried?
district court
In Texas, a murder case would most likely first be tried in a(n)
district court.
The judicial structure in the United States in which the federal court deals with federal law and certain interstate and international disputes and the state court deals with almost everything else that occurs within the state's borders is referred to as a(n) __ court system
dual
The Texas State Commission on Judicial Conduct may recommend that a judge be removed from office, but it cannot privately reprimand or publicly censure a judge.
false
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
In states where judges are elected by the legislature, who is most likely to be selected?
former legislators
Trial court judges are elected for __ terms, and appellate court judges are elected for __ terms.
four-year; six-year
In Texas, jurisdictions may draw, by random selection, from what two sources for jury selection of a petit jury?
from voter registration lists or from a list of licensed drivers
Many Texas judges receive their initial seats on the courts via appointment by the Texas
governor
Municipal courts have magistrate functions that include which of the following?
hearing cases involving misdemeanors
A biggest issue with campaign contributions to judicial elections is their impact on judicial
impartiality
In Texas, straight-ticket voting sometimes causes problems in judicial elections in that it allows notably ______ candidates to gain seats on the courts.
inexperienced
Which of the following is true of trial de novo courts?
All JP and municipal courts in Texas are trial de novo courts.
A Texas couple sues a moving company after the company causes $2,580 in damage to their musical instruments. In which of the following court systems would this case be tried?
Any of these courts could hear the case.
In Texas the Court of Criminal ____________ focuses on criminal cases, while the Texas ___________ Court focuses on civil cases.
Appeals; Supreme
Which of the following describes the most important difference between trial and appellate courts?
Appellate courts decide cases based on points of law.
Which of the following best describes the level of competence that can be expected in gubernatorial judicial appointments?
Completely incompetent people are not likely to be appointed.
__ courts primarily hear intermediate criminal and civil cases.
County
In Texas, as in most states, which courts hear major criminal and civil trials?
District
Which of the following describes the way grand juries and administrative hearings differ?
During grand jury proceedings, the accused may not have legal representation; this is not the case in administrative hearings.
The courts' approach to decision making is similar to that of the executive and legislative branches.
F
True or false: A majority of states do not have any courts of appeal.
False
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
True or false: The U.S. Constitution gave Congress the authority to create the Supreme Court.
False Reason: The U.S. Constitution established the Supreme Court and gave Congress the authority to create the lower federal courts, but not the Supreme Court.
Under the principle of stare decisis, courts must do which of the following?
Follow principles announced in former cases.
Which of the following is true when judicial selection is done by gubernatorial appointment?
Governors are not likely to select unqualified candidates, but that does not mean that the most competent are appointed.
What is the current climate in Texas concerning nonpartisan election of judges?
It is being seriously considered.
The merit plan is considered weak on responsiveness for which of the following reasons?
It is difficult to remove incompetent judges because they have no opponent in a retention election.
What is the risk in the partisan system of electing judges?
Judges are not independent in their interpretation of the law.
Texas is considering use of the merit or _____ plan, which would allow the governor to appoint judges from a list of acceptable candidates supplied by a judicial panel.
Missouri`
What best describes the depth of knowledge most voters have about judicial candidates' qualifications?
Most know very little.
______ 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.
Most criminal activities are defined and their punishments established in the
Penal Code
Which of the following is true of judicial federalism in the United States?
Some cases can be tried in either federal or state courts.
How are state courts created?
States create their own courts.
__-__ voting allows a voter to vote for all candidates in a party by making a single mark on the election ballot.
Straight - ticket/ballot
What is the status of straight-ticket voting in Texas today?
Straight-ticket voting was eliminated as of 2020.
Which of the following is true of grand juries?
The district attorney often dominates grand juries.
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.
Which of the following best characterizes the comparison between African Americans in the Texas judiciary and in the population at large?
The percentage of African Americans in the judiciary is significantly lower than in the population at large.
Which of the following methods is applicable in Texas for the removal of judges?
The state supreme court can remove any judge from office.
Which of the following is true of the merit system of judicial appointment?
There is little evidence that it results in judges who are more competent.
Which of the following is true about the differing systems for selecting judges?
There is no perfect system for judicial selection.
Which of the following is true of appellate courts?
There is virtually no citizen participation
Under the Missouri system, judges are selected in which of the following ways?
They are appointed by the governor from a list submitted by a screening committee of legal officials.
Primarily ______ states have several courts of appeal.
large urban
The state district courts in Texas are created by the __
legislature
In Texas, the method of removal of state judges can depend on the ______.
level of the judgeship
The preliminary hearings for persons charged with a serious criminal offense are ______ functions.
magistrate
Laws passed by the legislature that apply to all people in a category of citizens are ______.
majoritarian
In 1995, the Texas Supreme Court established the Commission on Judicial Efficiency to ______.
make recommendations on the method of judicial selection
Article VI of the U.S. Constitution does which of the following?
makes federal law the supreme law of the land
In finding solutions in conflicts between individuals, the courts ______.
may create laws that affect individuals other than case participants
A 58-year-old woman sues her neighbor for medical expenses after his foster dog bit her ankle. In which of the following court systems would this case be tried?
municipal court
In judicial elections, upon what do most voters rely in making their choices?
name familiarity
The Texas Supreme Court and Court of Criminal Appeals consist of Blank______ judges each, who serve for Blank______ overlapping terms.
nine; six-year
The Texas Supreme Court and Court of Criminal Appeals consist of ______ judges each, who serve for ______ overlapping terms.
nine; six-year
The dual court system in the United States developed because ______.
of the U.S. federal system of government
Compared to the 41.5 percent of Texans who identify themselves as white and non-Hispanic, approximately what percentage of judges did so in 2017? Choose one of the following.
over 65 percent
In what manner are trial and appellate court judges in Texas elected?
partisan election
Which method of judicial selection is strong on responsiveness but weak on both competence and independence?
partisan election
What method of judicial selection is used in Texas?
partisan elections
Most criminal activities are defined and their punishments established in the
penal code
Most people charged with a crime ______.
plead guilty without a jury trial
Who selects candidates in partisan judicial elections?
political parties
In which contradictory ways do Americans believe that the law should function?
politically neutral and responsive to the electorate
The rulings of appellate and supreme courts serve as especially important ______ for future legal decisions.
precedents
If implemented, a nonpartisan election system would
reduce the cost of campaigns.
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(n) __ election.
retention
Merit selection combines appointment with what kind of election?
retention
Parties who want a court to resolve their dispute must have "_____________," which means their case must involve real controversies between two or more parties, and someone must have suffered real damage.
standing
Under what principle must courts follow the precedent of former cases and diverge only when they can show good cause?
stare decisis
The selection of state judges is determined by which of the following?
state law
The system that allows a voter to vote for all candidates in a party by making a single mark is called the _____ voting system.
straight-ticket
Most state courts consist of three levels of courts: trial courts, appellate courts, and a __ court
supreme
Vacancies by death or resignation in the county courts and justice of the peace courts are filled by which of the following?
the County Commissioners Court
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 heard next by which Texas court?
the Court of Criminal Appeals
Which of the following is the highest court in Texas for criminal cases?
the Court of Criminal Appeals
In a majority of states, the selection of judges to the state Supreme Court is done by ______.
the Missouri plan
Which of the following is a 12-member Texas body that conducts hearings and receives complaints about judges at all levels of the judiciary?
the State Commission on Judicial Conduct
Which of the following determines the jurisdiction of county courts at law in Texas?
the act passed by the legislature creating the court
All of the following are methods of judicial selection used by U.S. states except ______.
the administrative hearing system
What do partisan elections list alongside a candidate's name?
the candidate's party affiliation
Judicial election by the legislature is a system left over from what period of American history?
the colonial era
Which of the following trends has developed in recent years (and is now used in 49 states) to remove judges for misconduct?
the creation of commissions on judicial conduct
In 1984 many incumbent Democratic judges lost their seats in large urban counties to unknown Republican challengers because of which of the following?
the influence of straight-ticket voting
Most municipal court judges are appointed by which of the following?
the local mayor or city council
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
Courts are held to which standard that does NOT apply to the executive and legislative branches?
the need to be objective
Under the Texas partisan election system, judges must win nomination in
the party primary and the general election
Trial courts differ from appellate courts in which of the following ways?
they are localized
How many levels of courts do most state court systems have?
three
Which courts do not keep a written record of their proceedings so that a case on appeal must begin as a new case in the appellate court?
trial de novo courts
If the state of Texas adopted the Missouri plan, the Texas State Commission on Judicial Conduct would likely have increased importance as a check on judges' conduct.
true
In Texas, the state supreme court may remove any judge from office.
true
Because Texas uses a partisan election system to select judges, a candidate for either the Democratic or Republican party must win __ election(s) to reach the bench.
two
How many types of minor courts are there in Texas?
two
African Americans comprise 12.8 percent of the Texas population. Approximately what percentage of all Texas judges are African American?
a little over 5 percent
A civil case is typically decided using which standard of proof?
a preponderance of the evidence
A grand jury is ______.
a screening body for criminal cases
The power of appointing state judges is most often held by whom?
a state's governor
A hearing before a judge who decides if a person must stand trial is known as a(n) ______.
administrative hearing
Which of the following has been used in recent years instead of the grand jury hearing?
administrative hearings
Which methods do Texas courts use to screen criminal cases?
administrative hearings grand juries