Texas Gov 5
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.
In Texas, which of the following courts are trial de novo courts?
-JP courts -municipal courts
For petit juries, how do jurisdictions collect names for jury selection?
-from lists of licensed drivers -from voter registration lists
Which of the following may Texas district court judges remove?
-justices of the peace -county judges
How many "supreme" appellate courts?
1 civil court case (supreme court) 1 criminal court case (court of criminal appeals)
How many judges preside over a trial court?
1 judge
What do the people want from judges?
1. competent 2. independent and not subject to political pressure 3. responsive or subject to democratic control
How many people are on a grand jury?
12 citizens
How many members are on the State Commission on Judicial Conduct?
13 member committee
How many courts of appeal does Texas have? And how many judges?
14 courts and 80 elected judges
How man appellate courts do we have?
14 intermediate
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
2
There are ______ types of county courts in Texas.
2
How long is a trial court judges term?
4 years
How many separate state jurisdictions exist side by side with the federal courts?
50
How long is a Appellate court judges term?
6 years
How many judges does the Texas Supreme court and Court of Criminal Appeals have each?
9 judges
What are appellate courts?
are centralized, often at the state level and citizens are virtually absent
Under a merit system of electing judges, judges
are initially appointed by the governor. must stand for a periodic retention election.
What are trial courts?
are local cases that use citizens to participate in the trial and decisions are made immediately after the trial ends
What kind of cases can be decided by a petit jury?
both criminal and civil
The majority of court cases deal with
controversies between individuals
Criminal Cases
court cases involving a crime, or violation of public order
What are the court's strict procedural rules?
determines when and how to present facts and arguments
Who "dominates" grand juries?
district attorney
What is a major trial court called?
district or superior courts
In Texas, as in most states, which courts hear major criminal and civil trials?
districts
In states where judges are elected by the legislature, who is most likely to be selected?
former legislators
"runaway grand juries"
grand juries that conduct investigations of their own
Which of the following are methods of judicial removal used by at least one state?
impeachment removal by the state legislature with a supermajority vote judicial conduct commission
Which of the following describes the most important difference between trial and appellate courts?
Appellate courts decide cases based on points of law.
What is special about an appellate court compared to a trial court?
Based on points of law (did they follow legal procedure) not points of facts (are they guilty)
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 and adoptions
The American legal system can be divided into broad branches. What are these branches?
Civil and Criminal
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.
What are the two kind of county courts?
Constitutional county and County Courts at Law
______ courts primarily hear intermediate criminal and civil cases
County
Civil Cases
Court cases that involve relations between individuals and organizations such suit for damages arising from an automobile accident or for violation of a business contract.
Who deals with the death penalty?
Court of Criminal Appeals
trial de novo courts
Courts that do not keep written record of their proceedings
Who chooses the Grand Juries?
District Judge
non partisian elections
Election in which party identification is not formally declared
What did House Bill 5 do in the 2017 legislative session?
Gets rid of straight-ticket voting in 2020
Many Texas judges receive their initial seats on the courts via appointment by the Texas
Governor
When a judge in a district or appellate court becomes vacant who fills it until next election?
Governor appoints
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
Why does an accused person want an administrative hearing over a grand jury proceeding?
In an administrative hearing the accused can have their attorney present
What is the current climate in Texas concerning nonpartisan election of judges?
It is being seriously considered
Who decides a civil case?
Judge or a jury
Grand Jury
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 trial: pronounced petty juries
Can JP or municipal court perform marriages?
Justice of Peace
What are the two courts at the Magistrate or minor court level?
Justice of peace and municipal courts
Where are county courts at law created?
Large Urban Counties
Family law
Laws that govern marriage, common-law partnerships, and child custody.
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
partisan election
Method used to select all judges (except municipal court judges) in Texas by using a ballot in which party identification is shown
______ courts hear all cases involving violations of city ordinances.
Municipal
What is included in trial courts?
Municipal courts, county courts, district, juvenile, and domestic relations
The rulings of appellate and supreme courts serve as especially important ______ for future legal decisions.
Precedents
What does the Texas Family Code do?
Prohibits juries in cases of adoptions and certain parenting situations
First Hispanic Justice on the Texas Supreme Court
Raul A. Gonzalez, Jr
Who can discipline or remove a judge?
State Commission on Judicial Conduct
How are state courts created?
States create their own courts
Article 6 of the US Constitution
Supremacy Clause
Most state courts consist of three levels of courts: trial courts, appellate courts, and a ______ court.
Supreme
What was Article III of the US Constitution?
Supreme Court
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 accurately describes the result of using the merit system of judicial appointment?
There is little evidence that judges are more competent.
What kind of offenses do the district courts hear?
major criminal cases
In finding solutions in conflicts between individuals, the courts
may create laws that affect individuals other than case participants.
Who appoints the municipal court judges?
mayor or city counsel
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.
merit system
How many judges in a appellate court?
more than one
All of the following case types are heard by county courts except
murder and car theft cases.
What method of judicial selection is used in Texas?
partisan
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
Magistrate functions
preliminary hearings for persons charged with a serious criminal offense
Pros of switching to nonpartisan Election
reduce the cost of campaigns and eliminate the problem of straight-ticket voting
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
Under what principle must courts follow the precedent of former cases and diverge only when they can show good cause?
stare decisis
When a judge in the county courts or justice of peace courts leaves who fills it until next election?
the County Commissioners Court
The use of grand juries is required by
the U.S. Constitution.
"de novo"
the appeal starts with a blank slate
objectivity
the appearance that courts make impartial decisions and not political ones
Under the Texas partisan election system, judges must win nomination in
the party primary and the general election
What does it mean for an individual to have a "standing"
their case must involve real controversies between two or more parties, and someone must have suffered real damage
How many levels of courts do most state court systems have?
three
Three Level of courts
trial courts appellate courts supreme courts
dual court system
a court system made up of both federal and state courts
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
What is the justice of peace?
a minor court that hears cases on misdemeanors, traffic violations, and minor civil cases
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
A hearing before a judge who decides if a person must stand trial is known as a(n)
administrative hearing.
