Chapter 5: Judicial Branch
Which of the following legal disputes is an example of a criminal dispute?
A dispute between a retailer and a former employee over the theft of clothing
An individual charged with a serious felony offense, such as sexual assault or robbery, would be tried in which of the following Texas courts?
District court
All Texas Judges must be experienced lawyers, including justices of the peace and county court judges
False
County courts are the basic trial courts of the state of Texas, hearing all felony cases and civil disputes involving relatively large amounts of money
False
In civil cases, Texas law requires plaintiffs to prove their cases beyond the "shadow of doubt"
False
Texas law prohibits lawyers from contributing to the election campaigns of judicial candidates
False
The Texas Supreme Court is the highest court in the state of Texas for both civil and criminal cases
False
The strongest attack on the merit selection of judges is that the process is elitist and unrepresentative of the state's population
False
Which of the following statements most accurately describes the process of judicial selection in Texas?
State judges are chosen through partisan election
The loser in a civil suit tried in district court could initially appeal to which of the following courts?
Texas Court of Appeals
A texas district court convicts a man of capital murder and sentences him to death by lethal injection. To which of the following courts would an appeal initially be taken?
Texas Court of Criminal Appeals
Which body sets the rules of administration and civil procedure for the state court system?
Texas Supreme Court
Which of the following courts is the highest appellate court in the state of Texas for civil cases?
Texas Supreme Court
Which of the following courts is the highest appellate court in Texas for criminal cases?
Texas court of Criminal Appeals
Probate cases deal with what type of legal subject?
The disposition of the property of a deceased person
A state district judge resigns one year into a four-year term. Through what procedure is the vacancy filled?
The governor appoints a replacement who must stand for election at the next regular election
In a criminal case, a judge decided that the weight of evidence is almost equally balanced between the prosecution and the defense with the prosecution enjoying a slight advantage. How does the judge decide the case?
The judge finds the defendant not guilty because the prosecution has failed to prove its case beyond reasonable doubt
How can the burden of proof in a criminal case be best described?
The prosecution must prove its case beyond a reasonable doubt
A criminal case is a legal dispute dealing with all alleged violation of a penal law
True
Candidates for statewide judicial office may spend no more than $2 million for each election
True
Death Penalty cases skip the court of appeals, and are appealed directly to the Texas Court of Criminal Appeals
True
In Texas, JP courts are small claims courts, hearing civil disputes involving relatively small sums of money
True
Some critics of merit selection of judges argue that all methods of choosing judges are political
True
The state's judiciary is unrepresentative of the ethnic diversity of the state's population
True
Which of the following courts has the power to reverse a decision of the Texas Court of Criminal Appeals?
U.S Supreme Court
Which of the following is/are part of a merit selection plan for choosing judges?
Voters cast ballots on whether a particular judge should be retained in office, a panel draws up a list of individuals qualified for judicial office, the governor selects an individual from an approved list to serve as a judge (all of the above)
A justice on the Texas Supreme Court who disagrees with the decision of the court may issue which of the following documents?
a dissenting opinion
Which of the following actions would take place in an appeals process?
a panel of judges ruling on a point of law
Which of the following is the best example of a tort case?
a woman files suit after being injured in an automobile accident
Which is the following legal disputes is an example of a civil case?
a woman is accused of failing to pay a repair person for services rendered
Which of the following courts would be most likely to try a case involving an alleged violation of a Class A misdemeanor?
county court
An individual suing another individual for a substantial sum of money would most likely file the case for a trial in which of the following Texas courts?
district court
A mistake committed by a trial court that is NOT serious enough to warrant a new trial because the mistake could not have affected the outcome of the original trial is known by which of the following terms?
harmless error
Which of the following is an example of a misdemeanor?
illegal parking
An appeals court affirms the decision of a lower court. What did the appeals court do?
it upheld the lower court decision
A maintenance man decided to sue a homeowner for $450 for failing to pay him for services performed. In which of the following courts would the man be able to file suit and present his case without having to hire an attorney?
justice of the peace court
Which of the following courts would be most likely to try a case involving a routine traffic offense?
justice of the peace court
which of the following Texas courts is considered a local court?
justice of the peace court, municipal court, county court (all of the above)
Which of the following texas courts would hear a case involving the violation of a city ordinance?
municipal court
An election system win which candidates run without party label is known as which of the following?
non-partisan election
The procedure in which a defendant agrees to plead guilty in order to receive punishment less than the maximum for an offense is known by which of the following terms?
plea bargaining
A mistake committed by a trial court that is serious enough to warrant a new trial because the mistake could have affected the outcome of the original trial is known by which of the following terms?
reversible error
Which of the following reforms would be most likely to increase the number of African American and Latino district judges?
the adoption of merit-selection for choosing judges
Which of the following events could happen in a criminal case?
the judge sentences the defendant to 5 years in prison
Which of the following events could never happen in a civil case?
the judge sentences the defendant to 5 years in prison
A plaintiff is known as which of the following?
the party initiating the lawsuit
