texas gov - 2306 exam 2

In terms of standards of evidence, if a "contention is highly probable," this relates to the

"clear and convincing evidence" standard

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

Approximately what percentage of justices of the peace in Texas are lawyers

10%

As of 2021, what percentage of appellate judges in Texas are Latinos

22

As of 2021, what percentage of appellate judges in Texas were women

49

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.

What is a tort?

A civil wrong that causes harm to another and is remedied by awarding economic damages to the injured party

When does a judge 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

Why is civil forfeiture controversial?

Since civil forfeiture involves a lawsuit filed against the property and not the owner, the guilt or innocence of the owner of the property does not matter and it is up to the owner to prove that they have legal and legitimate claims to the property.

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

Texas was effectively a one-party state

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

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.

Under a merit plan for selecting judges

a blue-ribbon commission recommends several people to the governor as possible nominees, the governor nominates one of those individuals who must then be confirmed by the Senate, and after about a year in office, the judge must run in a retention election.

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

the Texas Court of Criminal Appeals

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 State Bar of Texas is an unusual 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

Where are county courts located?

mostly in rural parts of Texas

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

An indictment is also known as a

true bill

Municipal courts in Texas have jurisdiction over

violations of city ordinances

If you are an attorney and you tell your client that you only take cases using contingent fees, this means that

you will not charge anything to your client if you lose the case, but you will collect a portion of the damages received if you win the case.

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

beyond a reasonable doubt

By the early 1980s, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?

Candidates began switching from the Democratic Party to the Republican Party.

The standard of evidence known as "clear and convincing evidence" is generally used in which type of case?

In civil cases involving fraud, wills, and withdrawing life support

_________________ can result in a jail sentence while ____________________ can result in a prison sentence

Misdemeanors; felonies

What is civil forfeiture?

The confiscation of property believed to be used for illicit purposes where the burden is on the owner to prove the property is not used for criminal activity

What happens in a bench trial?

The defendant gives up his or her 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 permanently appoint all municipal court judges. -The governor has the power to limit the jurisdiction of the appellate courts. -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. -The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases.

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 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; answer

Suppose 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 on a ____________ basis.

contingency fee

Even though judicial candidates mount campaigns for office, voters often know little about judicial candidates. As a result, they vote

for the party label.

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

general

Which of the following is a qualification to serve on either the Texas Supreme Court or the Texas Court of Criminal Appeals? be at least 50 years old have lived in Texas for the previous 10 years have not held any previous elected office have been either a judge or practicing lawyer for at least 10 years

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

One reason why there are fewer Black, Latino, and Asian judges in Texas is that

judicial districts are often quite large and dominated by White people who vote against minority judicial candidates

In Texas, justice of the peace courts handle which kind of disputes?

small claims

In Texas, veterans' courts, DWI courts, and drug courts are types of

specialty courts

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

statutory county courts at law

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

County judges in Texas preside over

the county commissioners' court

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 people of color have argued that for more African Americans, Asians, and Latinos to get elected to judgeships

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

What is the purpose of a grand jury?

to determine whether there is enough evidence to justify a trial