Chapter 9

According to the Texas Judicial Campaign Fairness Act, what dollar amount is an individual limited to when donating to a statewide judicial candidate?

$5,000

Each county has at least how many district courts?

1

By 2017, what percentage of appellate judges are Latinos?

15

By 2017, what percentage of district judges in Texas were women?

35

How many justices sit on the Texas Supreme Court?

9

In Texas, approximately how many criminal convictions are the result of plea bargains?

97 percent

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.

False

The Texas Supreme Court hears criminal cases only.

False

Judicial elections in Texas are nonpartisan.

False

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

Texas was effectively a one-party state.

One of the biggest controversies concerning the method of judicial selection in Texas is that there may be conflicts of interest when judges must hear cases determining the financial interests of persons who have donated to their campaigns.

True

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.

In criminal cases, the prosecutor must prove that the defendant is guilty

beyond a reasonable doubt.

In what type of court would a justice of the peace handle minor criminal cases, less serious civil suits, and traffic/parking violations?

court of limited jurisdiction

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

The major trial courts in Texas are

district courts.

Which of the following is a court of limited civil jurisdiction within the Texas state court system?

municipal court

How many states also have in place a campaign fairness act similar to that of Texas's Judicial Campaign Fairness Act?

none: Texas is the only one

Texas officially uses which method to select state judges?

partisan election

A person who files a civil lawsuit against another party is called a

plaintiff

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

preponderance of the evidence.

A merit election plan would

provide for an appointment process, and then when the term has been served, the judge would seek retention in an election with no opponents listed.

Courts that can review matters relating to the disposition of property of deceased people are referred to as what?

statutory probate courts

In Texas, which judicial candidate race is considered the most expensive, where candidates are likely to raise over $1 million?

supreme court

Which of the following has been given as a reason for reforming the way judges are selected in Texas?

the importance of a judicial candidate's name in the current system

At the same time that the Texas Supreme Court become more conservative,

the legislature was also passing laws that favored businesses, creating a situation where it is becoming more difficult for individuals to successfully sue businesses in civil lawsuits

What is the most important type of case that the Texas Supreme Court handles?

tort law cases

The majority of the cases that justice of the peace judges hear are those regarding

traffic misdemeanors

An indictment is also known as a

true bill

Municipal courts have jurisdiction over

violations of city ordinances.

In 1996, the voters of Texas chose to adopt the merit selection of judges.

False

In Texas, appellate court judges are elected, but the governor appoints all district to six-year terms.

False

The county judge must have political administrative functions combined with some judicial functions.

True

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.

What 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.

Mediation is popular in civil disputes because the parties to the dispute are NOT forced into a particular decision, as they would be with arbitration.

True

All death penalty cases are automatically appealed to the Court of Criminal Appeals.

True

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.

True

In Texas, the county judge presides over the county commissioner's court.

True

In a criminal trial, there must be a unanimous verdict for the defendant to be found guilty.

True

Less than 20 percent of all district judges in Texas are Latino.

True

What types of cases does the Texas Supreme Court hear?

civil appeals

A(n) ________ is the presentation of a grievance by the plaintiff in a civil case.

complaint

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

for the party label

District courts usually have ________ jurisdiction, meaning that they hear a broad range of civil and criminal cases.

general

In order to be eligible to serve on either the Texas Supreme Court or the Texas Court of Criminal Appeals, you must

have been either a judge or practicing lawyer for at least 10 years.

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.

Which court's justices are the least likely to be lawyers?

justice of the peace

Which judicial office has existed in Texas since 1837, even before statehood?

justice of the peace

The Texas Judicial Campaign Fairness Act

limits the amount of campaign contributions a judicial candidate can receive from an individual donor.

The Texas Supreme Court and Court of Criminal Appeals have appellate jurisdiction, which means they have the authority to do what?

review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly

Justice of the peace courts handle which kind of disputes?

small claims

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

specialty courts.

Which court hears appeals from justices of the peace and from municipal courts?

statutory county courts at law

County judges preside over

the county commissioners' court

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

the court of criminal appeals

Who can file a complaint with the 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 office

there must be small judicial districts where minority voters make up the majority.