Ch 9

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 a retention election?

An election in which a judge runs uncontested and voters are asked to vote yes or no on the question of whether they wish to retain the judge in office for another term.

In Texas, lesser criminal cases are generally prosecuted by _______________, while the more serious criminal cases tend to be prosecuted by ______________.

county attorneys; district attorneys

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.

Which court in Texas has automatic jurisdiction over all death penalty cases?

Texas Court of Criminal Appeals

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 is a nine-member court while the Court of Criminal Appeals is a three-member court.

Which standard must be met to prove that the defendant is guilty in criminal cases?

beyond a reasonable doubt

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

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

Municipal courts in Texas have jurisdiction over

violations of city ordinances.

Justice of the peace courts in Texas handle which kind of disputes?

Small claims

Lawyers often take cases using contingent fee agreements in criminal cases.

T

Before 1978, partisanship was not a factor in Texas judicial elections because

Texas was effectively a one-party state.

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.

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

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

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.

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

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 disciplining members for violating ethical standards and rules.

In civil cases, the burden is on the plaintiff, and the standard that must be met is known as

preponderance of the evidence

An indictment is also known as a

true bill

If Texas were to adopt a merit selection plan,

voters play an even larger role in determining who serves as a judge in Texas.

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.

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

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

In spite of judicial campaigns, voters often know little about judicial candidates in Texas. As a result, they vote

for the party label.

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

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.

Veterans' courts, DWI courts, and drug courts are types of

specialty courts.

In Texas, which court hears appeals from justices of the peace and from municipal courts?

statutory county courts at law

County judges in Texas preside over

the county court of appeals.

All of the following are considered current problems in the state judiciary EXCEPT . . .

the court system is cumbersome due to ad hoc creation of powers to administer justice

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.

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