Chapter 9 Reading Test
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
By 2019, what percentage of appellate judges in Texas are Latinos?
18
By 2019, what percentage of district judges in Texas were women?
37
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.
In spite of judicial campaigns, voters often know little about judicial candidates in Texas. As a result, they vote
For the party label
Justice of the peace courts in Texas handle which kind of disputes?
Small claims
Veterans' courts, DWI courts, and drug courts are types of
Specialty courts
All death penalty cases are automatically appealed to the Texas Court of Criminal Appeals.
T
As long as Texas was a one-party state, judicial elections were effectively non-partisan.
T
County civil courts in Texas are responsible for commitment of individuals to mental institutions and guardianship of those who are unable to handle their own affairs.
T
County judges in Texas have political administrative functions combined with some judicial functions.
T
In Texas, cases concerning traffic violations can be brought before both municipal courts and justice of the peace courts
T
In Texas, lawyers are able to continue practicing law and representing clients when they are charged with a crime, but have not yet been found guilty by a court of committing that crime.
T
In a criminal trial, there must be a unanimous verdict for the defendant to be found guilty.
T
In order to serve in any judicial position in Texas, you must be a licensed attorney and in good standing with the Texas Bar Association.
T
Law firms in Texas cannot give more than $30,000 to any candidate for statewide judicial position.
T
Lawyers often take cases using contingent fee agreements in criminal cases.
T
Less than 25 percent of all district judges in Texas are Latino
T
Today, the Texas Supreme Court tends to be more favorable to defendants in civil cases.
T
In Texas, lesser criminal cases are generally prosecuted by _______________, while the more serious criminal cases tend to be prosecuted by ______________.
county attorneys; district attorneys
Which court in Texas has automatic jurisdiction over all death penalty cases?
Texas Court of Criminal Appeals
Before 1978, partisanship was not a factor in Texas judicial elections because
Texas was effectively a one-party state.
Texas is one of only two states that divides the caseload of its highest appellate level into two courts. All of the following are true EXCEPT:
The Supreme Court has final jurisdiction over all juvenile matters
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.
Which standard must be met to prove that the defendant is guilty in criminal cases?
beyond a reasonable doubt
The debate over preemption between local self-governance and control by the state government in Texas echoes which of the following:
debates between the state governments and the federal government about which level of government should make governing decisions
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
_________________ can result in a jail sentence while ____________________ can result in a prison sentence
misdemeanors and felonies
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
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
If Texas were to adopt a merit selection plan
the House nominates candidates for judicial positions who are then confirmed by the Senate.
An indictment is also known as a
true bill
Municipal courts in Texas have jurisdiction over
violations of city ordinances.
In 1996, the voters of Texas chose to adopt the merit selection of judges.
F
In Texas, appellate court judges are elected, but the governor appoints all district court judges to six-year terms.
F
Members of a grand jury sit for a set period of time, generally from two to six months.
F
The Texas State Commission on Judicial Conduct was established by the Constitution of 1876.
F
Tort law deals with civil cases where one person has been harmed by the actions of another.
F
Judicial elections in Texas are nonpartisan.
True, Partisan.
County judges in Texas preside over
The county commissioners' court.
By the early 1980s, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?
Candidates began making a switch from the Democratic Party to the Republican Party.
All Texas county commissioners' court have original jurisdiction for cases involving violation of county laws.
F
Civil cases use a standard of proof called preponderance of the evidence.
F
When would a judge in Texas 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.
What happens in a bench trial?
The defendant gives up his or her constitutional 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 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 is preemption?
The legislature's power to overrule ordinances or actions of local home-rule cities.
What is the purpose of a grand jury?
To decide if there is enough evidence against a person to have a trial
What is the composition of a Texas county commissioner's court?
a county judge who is elected countywide and presides over the meetings, and four county commissioners who are each elected to represent about one-quarter of the population of the county
Why is it difficult for voters to learn about judicial candidates in Texas?
are called upon to vote for too many different judicial races in a single election.
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 and answer
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 using a ____________ basis.
contingency fee
Which of the following is a qualification to serve on either the Texas Supreme Court or the Texas Court of Criminal Appeals?
have been either a judge or practicing lawyer for at least 10 years.
District courts usually have ________ jurisdiction, meaning that they hear a broad range of civil and criminal cases.
in general
The State Bar of Texas is a unique organization because
it is a professional organization, but it also performs functions on behalf of the government, such as licensing and disciplining members.
One reason why there are few minority judges in Texas is that
judicial districts are often quite large and dominated by whites who vote against minority judicial candidates.
In Texas, which court hears appeals from justices of the peace and from municipal courts?
statutory county courts at law
All of the following are considered current problems in the state judiciary EXCEPT . . .
the public perception that justice can be "for sale" in Texas
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 Latinos and African Americans have argued that for minorities to get elected into judicial office in Texas
there must be small judicial districts where minority voters make up the majority.
