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

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

Vacancy because of death, vacancy because of resignation, and 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

Information or an administrative hearing

A hearing before a judge who decides if a person must stand trial; used in place of a grand jury

A grand jury is:

A screening body for criminal cases.

Merit system, or Missouri system

A system of electing judges that involves appointment by the governor and periodic retention election

The most important difference between trial and appellate courts is

Appellate courts decide cases based on points of law.

Which article of the U.S. Constitution stablished the SupremeCourt and gave the Congress the authority to create other lower federal courts?

Article III

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

__________ courts primarily hear intermediate criminal and civil cases

County

Which of the following are county courts?

County courts at law & constitutional county courts

Stare decisis

Court decisions depending on previous rulings of other courts

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

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

Trial de novo courts

Courts that do not keep a written record of their proceedings; cases on appeal Beni as new cases in the appellate courts

Nonpartisan election

Election in which party identification is not formally declared

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. Constitutions gave the Congress the authority to create the Supreme Court.

False. The U.S Constitution established the Supreme Court and gave the Congress authority to create the lower federal courts.

Since most voters go to the election booth with scant knowledge abut 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

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

From lists of licensed drivers, and from voter registration lists

What method do Teas courts use to screen criminal cases?

Grand juries, and Administrative hearings

Appellate Courts

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

Appointive-Elective System

In Texas, the system of many judges gaining the initial seat on the court by being appointed and later standing for election

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, and it would reduce the cost of campaigns.

Grand Juries

Juries of citizens that determine if a person will be charged with a crime

Petit juries

Juries of citizens that determine the guilt or innocence of a person during a trial; pronounced petty juries

Primarily ___________ states have several courts of appeal.

Large Urban

In texas, the method of removal of Tate urges can depend on the

Level fo the judeship

Trial courts

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

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.

In finding solutions in conflicts between individuals, the courts

May create laws that affect individuals other than case participants

Asl known as the Missouri system, the _____ system is 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.

Merit

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

Merit or Missouri system

Nonpartisan

Method used to select all judges (except municipal court judges) in Texas by using a ballot in which party identification is shown

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

More court officers would be needed, and it would result in increased costs.

The two types of minor courts in Texas are Justice of the Peace and _________ courts

Municipal

Under a merit system of electing judges, judges

Must stand for a periodic retention election, and are initially appointed by the governor.

What is unique about a rial de novo court?

No record of the proceeding is kept.

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

Percentage of the population living in urban areas

Unlike us times of the peace, Texas's municipal courts cannot

Perform marriages, and serve as small claims courts.

Name familiarity

Practice of voting for candidates with familiar or popular names; a significant issue in Texas judicial elections

The ruling of appellate and supreme courts serve as especially important ___________ for future legal decisions.

Precdents

Magistrate functions

Preliminary hearings for persons charged with a serious criminal offenses

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

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

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

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

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

Most state courts consist of three levels of courts: Trial courts, Appellate courts, and a

Supreme Court

Straight ticket voting system

System that allows voters to vote for all candidates of a single political party by making a single mark and that has resulted in an increase in the number of Republicans judges

Identify all of the following courts of las resort in Texas

Texas Supreme Court, and Texas Court of Criminal Appeals

Objectivity

The appearance that courts make objective decisions and not political ones

Under the metric plan, how do judges first assume the bench?

The are appointed by the governor from a list supplied by a judicial panel

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 Apeals

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

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. Jurors' names can be supplied to the judge by a grand jury commissioner.

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.

Why are death penalty cases automatically appealed in Texas?

to ensure procedural accuracy