Texas Govt 2306: Chapter 5

In which states can judges be elected from the legislature?

Virginia South Carolina

How many intermediate appellate courts are there in Texas?

14

Approximately what percentage of all judges in Texas are identified as Hispanic?

17 percent

There are ______ types of county courts in Texas.

2

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 becomes 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

All of the following are regarded as major criminal cases (felonies) and civil cases that are heard first at the district court level, except

child custody.

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

civil and criminal

Which of the following are county courts?

constitutional county courts county courts at law

The majority of court cases deal with

controversies between individuals

Which of the following may Texas district court judges remove?

county judges justices of the peace

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

district

Fill in the blanks to complete the sentence. 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

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

from lists of licensed drivers from voter registration lists

Many Texas judges receive their initial seats on the courts via appointment by the Texas

governor.

What method do Texas courts use to screen criminal cases?

grand juries administrative hearings

In Texas, straight-ticket voting sometimes causes problems in judicial election,s in that it allows notably ______ candidates to gain seats on the courts.

inexperienced

Fill in the blanks to complete the sentence. 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.

______ courts primarily hear intermediate criminal and civil cases

County

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.

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

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

III

What is the current climate in Texas concerning nonpartisan election of judges?

It is being seriously considered.

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 is the risk in the partisan system of electing judges?

Judges are not independent in their interpretation of the law.

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. The district judge summons potential jurors and selects 12 citizens to serve as grand jurors. Most grand jury members follow the advice of the prosecuting attorney.

What system of electing judges involves appointment by the governor and a periodic retention election?

Missouri system merit

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

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

Identify all the following courts of last resort in Texas.

Texas Supreme Court Texas Court of Criminal Appeals

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.

What restrictions are there on gubernatorial judicial appointments in Texas?

There are none.

Which of the following accurately describes the result of using the merit system of judicial appointment?

There is little evidence that judges are more competent.

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

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

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 1995, the Texas Supreme Court established the Commission on Judicial Efficiency to

make recommendations on the method of judicial selection.

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

municipal

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

municipal courts JP courts

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 ______ judges each, who serve for ______ overlapping terms.

nine; six-year

What method of judicial selection is used in Texas?

partisan elections

Most criminal and civil cases can be decided by a(n) ______ jury, which is a jury of citizens that determines the guilt or innocence of a person during a trial.

petit

The rulings of appellate and supreme courts serve as especially important ______ for future legal decisions.

precedents

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

removing 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(n) _________ election.

retention

Fill in the blanks to complete the sentence. 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

Most state courts consist of three levels of courts: trial courts, appellate courts, and a ______ court.

supreme

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

Judicial election by the legislature is a system left over from what period of American history?

the colonial era

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.

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

three

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

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

Unlike governors and legislatures, courts seek to evaluate cases

with the appearance of objectivity.

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

appellate

A grand jury is

a screening body for criminal cases.

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

administrative hearing.

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?

adoptions certain parenting situations