texas gov - 2306 exam 2
In terms of standards of evidence, if a "contention is highly probable," this relates to the
"clear and convincing evidence" standard
According to the Texas Judicial Campaign Fairness Act, individuals can donate a maximum of __________ to candidates running for statewide judicial positions.
$5,000
Each county in Texas has at least how many district courts?
1
Approximately what percentage of justices of the peace in Texas are lawyers
10%
As of 2021, what percentage of appellate judges in Texas are Latinos
22
As of 2021, what percentage of appellate judges in Texas were women
49
In Texas, plea bargains are used to get convictions approximately ___________ of the time.
97 percent
What is tort law?
A branch of civil law dealing with harm done by one party to another where the remedy is economic payments to the injured party.
What is a tort?
A civil wrong that causes harm to another and is remedied by awarding economic damages to the injured party
When does a judge have to run in a retention election?
In a system using merit selection of judges, after a set period of time the judge would have to run in a retention election to see if the voters think that judge is doing a good job and deserves to stay in office
Why is civil forfeiture controversial?
Since civil forfeiture involves a lawsuit filed against the property and not the owner, the guilt or innocence of the owner of the property does not matter and it is up to the owner to prove that they have legal and legitimate claims to the property.
Before 1978, partisanship was not a factor in Texas judicial elections because
Texas was effectively a one-party state
Why is it difficult for voters to learn about judicial candidates in Texas
Voters are called upon to vote for too many different judicial races in a single election
Why was straight-ticket voting a concern with respect to judicial selection in Texas?
When voters use straight-ticket voting, judges with years of experience can be voted out of office based on nothing but party affiliation.
Under a merit plan for selecting judges
a blue-ribbon commission recommends several people to the governor as possible nominees, the governor nominates one of those individuals who must then be confirmed by the Senate, and after about a year in office, the judge must run in a retention election.
Which court in Texas has automatic jurisdiction over all death penalty cases?
the Texas Court of Criminal Appeals
Civil law focuses on __________________, while criminal law focuses on __________________.
disputes about relationships, obligations, and responsibilities; violations of codes of right and wrong as determined by criminal statutes
The State Bar of Texas is an unusual organization because
it is a professional organization, but it also performs functions on behalf of the government, such as disciplining members for violating ethical standards and rules
Where are county courts located?
mostly in rural parts of Texas
Texas officially uses which method to select state judges?
partisan election
In civil cases, the burden is on the plaintiff, and the standard that must be met is known as
preponderance of the evidence.
Courts of appeal have the authority to do what?
review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly
An indictment is also known as a
true bill
Municipal courts in Texas have jurisdiction over
violations of city ordinances
If you are an attorney and you tell your client that you only take cases using contingent fees, this means that
you will not charge anything to your client if you lose the case, but you will collect a portion of the damages received if you win the case.
Which standard must be met to prove that the defendant is guilty in criminal cases?
beyond a reasonable doubt
By the early 1980s, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?
Candidates began switching from the Democratic Party to the Republican Party.
The standard of evidence known as "clear and convincing evidence" is generally used in which type of case?
In civil cases involving fraud, wills, and withdrawing life support
_________________ can result in a jail sentence while ____________________ can result in a prison sentence
Misdemeanors; felonies
What is civil forfeiture?
The confiscation of property believed to be used for illicit purposes where the burden is on the owner to prove the property is not used for criminal activity
What happens in a bench trial?
The defendant gives up his or her right to a trial by jury. Instead, the trial is conducted with only the judge.
Which of the following is the most important role the governor of Texas plays in the judicial process? -The governor has the power to permanently appoint all municipal court judges. -The governor has the power to limit the jurisdiction of the appellate courts. -The governor has the power to appoint district and appellate judges to fill any vacancies on the bench for the time period before elections are held, or to fill judgeships on new courts. -The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases.
The governor has the power to appoint district and appellate judges to fill any vacancies on the bench for the time period before elections are held, or to fill judgeships on new courts.
What types of cases does the Texas Supreme Court hear?
civil appeals
In civil cases, a/an ______________ is filed against the person who is accused of causing harm. That person can then file a/an _____________ challenging those claims.
complaint; answer
Suppose you have been injured in a motor vehicle accident with a large tractor-trailer and have filed a civil suit against the driver and trucking company. You've hired an attorney to represent you in this lawsuit, and your attorney will only get paid if you win the case. You've hired an attorney on a ____________ basis.
contingency fee
Even though judicial candidates mount campaigns for office, voters often know little about judicial candidates. As a result, they vote
for the party label.
District courts in Texas usually have ________ jurisdiction, meaning that they hear a broad range of civil and criminal cases
general
Which of the following is a qualification to serve on either the Texas Supreme Court or the Texas Court of Criminal Appeals? be at least 50 years old have lived in Texas for the previous 10 years have not held any previous elected office have been either a judge or practicing lawyer for at least 10 years
have been either a judge or practicing lawyer for at least 10 years
One reason why there are fewer Black, Latino, and Asian judges in Texas is that
judicial districts are often quite large and dominated by White people who vote against minority judicial candidates
In Texas, justice of the peace courts handle which kind of disputes?
small claims
In Texas, veterans' courts, DWI courts, and drug courts are types of
specialty courts
Which Texas court hears appeals from justices of the peace and from municipal courts?
statutory county courts at law
Courts that can review matters relating to probate, which is the disposition of estates and property of deceased people, are referred to as what?
statutory probate courts
County judges in Texas preside over
the county commissioners' court
Who can file a complaint with the Texas State Commission on Judicial Conduct
the public, attorneys, and members of the judiciary
Civil rights organizations representing people of color have argued that for more African Americans, Asians, and Latinos to get elected to judgeships
there must be small judicial districts where minority voters make up the majority.
What is the purpose of a grand jury?
to determine whether there is enough evidence to justify a trial