The Court System in Texas

The lowest number of states select judges through legislative election. nonpartisan election. appointment by the governor. a merit plan.

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Courts differ from legislatures in that courts are easier to access. courts are not checked by the executive branch. courts are not governed by procedural rules. courts cannot initiate policy changes.

courts cannot initiate policy changes.

In most states, which courts hear major criminal and civil cases? major trial courts superior courts district courts All of these answers are correct.

All of these answers are correct.

According to a 2006 Texans for Public Justice study, the Texas Supreme Court is more than seven times more likely to hear cases filed by large contributors. is no more likely to hear cases filed by large contributors. is less likely to hear cases filed by large contributors. is about twice as likely to hear cases filed by large contributors.

is more than seven times more likely to hear cases filed by large contributors.

The strict procedural rules that govern courts allow them to initiate policies. allow other states to introduce policy questions. limit access to the courts. might disallow evidence gathered in an illegal manner.

might disallow evidence gathered in an illegal manner.

What kind of criminal case is a county court most likely to hear? misdemeanor appeal felony None of these answers is correct.

misdemeanor

How are appellate court judges selected in Texas? retention election partisan election gubernatorial appointment the Missouri system

partisan election

How are trial court judges selected in Texas? the Missouri system gubernatorial appointment retention election partisan election

partisan election

The merit system used to identify and select judges is also known as retention election. the gubernatorial appointment system. the Missouri system. the partisan election system.

the Missouri system.

Why does the U.S. have a dual court system? the existence of both Spanish law and English law from the colonial era the legal principle of stare decisis Article I of the U.S. Constitution the federal system of government

the federal system of government

Texas has two Supreme Courts because it has one that deals only with constitutional issues and one that deals only with criminal issues. it divides its courts of last resort between judges that are elected by partisan means and those who are appointed. it divides its courts of last resort between criminal and civil cases. the extremely high population size would overwhelm one state supreme court.

it divides its courts of last resort between criminal and civil cases.

A justice of the peace court is a(n) appellate court. district court. trial court. magistrate court.

magistrate court.

Texas uses ________ to review the facts and decide whether enough evidence exists to try cases. both grand juries and administrative hearings Article 32 hearings administrative hearings grand juries

both grand juries and administrative hearings

The Texas Government Code allows jurisdictions to draw upon which source(s) for jury selection? jury pool volunteers only both registered voters and licensed drivers registered voters only licensed drivers only

both registered voters and licensed drivers

Most voters go to the election booth with scant knowledge about the qualifications of judicial candidates, and they often end up voting by name familiarity. for the first name in a list of candidates. only on issues that they are familiar with, skipping the judicial candidates. on advice from a trusted family friend.

by name familiarity.

According to Figure 5.5, what is the most common way of selecting appellate court judges? partisan election legislative election merit plan appointment by governor

merit plan

Judges appointed by governors are typically less independent and less responsive. more independent and more responsive. more competent and less responsive. more responsive and more competent.

more competent and less responsive.

Which method of judicial selection leads to the highest degree of judicial responsiveness? election by legislature appointment by governor merit/Missouri method nonpartisan election

nonpartisan election

What are the two kinds of county courts? misdemeanor courts and felony courts constitutional county courts and county courts at law trial courts and appellate courts primary and secondary jurisdiction courts

constitutional county courts and county courts at law

Most court cases in Texas deal with controversies between individuals. hypothetical complaints and other questions of law. criminal complaints. policy questions.

controversies between individuals.

What is the most often called-for fix to the problems caused by straight-ticket voting in Texas? legislative election nonpartisan elections partisan elections appointment by governor

nonpartisan elections

Judges must base their decisions only on the federal and state constitutions, statutes, and earlier court decisions. This concept is called objectivity. originality. stare basis. procedurism.

objectivity.

The highest number of states' courts use which method for selecting trial court (including municipal level) judges? nonpartisan election partisan election appointment by the governor merit plan

partisan election

Which method of judicial selection leads to the lowest degree of judicial independence? merit/Missouri method partisan election appointment by governor election by legislature

partisan election

Which method of judicial selection leads to the lowest level of judicial competence? merit/Missouri method partisan election election by legislature appointment by governor

partisan election

Justices of the peace (JP courts) in Texas can do all of the following EXCEPT create records of proceedings for county courts to review. serve as small claims courts. hear criminal misdemeanor cases. issue arrest warrants.

create records of proceedings for county courts to review.

In Texas, appellate courts determine guilt or innocence. depend on high levels of citizen participation. decide whether procedure was followed. are local and limited.

decide whether procedure was followed.

What is the most important difference between trial and appellate courts? jurisdiction deciding points of fact versus points of law the number of judges the level of citizen participation

deciding points of fact versus points of law

A murder case would most likely first be tried in a(n) county court. magistrate court. district court. appellate court.

district court.

Cases heard in trial de novo courts can be appealed for any reason. only based on matters of procedure. two times only. if one party is a minor.

for any reason.

Across all fifty states, the most common method for selecting state Supreme Court judges is Missouri plan. partisan elections. nonpartisan elections. appointment by governor.

partisan elections.

If a court makes a ruling based on a principle established in a previous ruling from another court, it is an example of prior restraint. stare decisis. objectivity. policy diffusion.

stare decisis.

In 1984, many incumbent Democratic judges lost their seats in large urban counties to unknown Republican challengers because of the cyclical off-year election trend. gerrymandering. straight-ticket voting. the move toward two-party competitiveness.

straight-ticket voting.

What is the highest court for criminal cases in Texas? both the Texas Supreme Court and the Court of Criminal Appeals the Court of Appeals the Court of Criminal Appeals the Texas Supreme Court

the Court of Criminal Appeals

In Texas, criminal appeals involving the death penalty are heard by district courts. superior courts. the Court of Appeals. the Court of Criminal Appeals.

the Court of Criminal Appeals.

In merit systems, appointed judges rarely lose retention elections because the appointed judge only needs 33 percent of the vote to stay in office. they occur so rarely that voters typically aren't aware they are happening. interest groups are prohibited from campaigning against them. the appointed judge does not run against an opponent.

the appointed judge does not run against an opponent.

All of the following are concerns about Texas judicial selections EXCEPT that vacancies from death or resignation require expensive special elections. voters often choose based on familiarity rather than qualifications. straight-ticket voting can give Republican judges an advantage. the need for campaign donations might impact judicial impartiality.

vacancies from death or resignation require expensive special elections.

How many elections must a judge win prior to being seated on the bench under the Texas partisan election system? 3 0 2 1

2

As of 2017, ________ of Texans identify as Hispanic or Latino, while ________ of all judges in the state identify as Hispanic. 39.1 percent; 17 percent 23 percent; 15 percent 43.5 percent; 43.5 percent 15 percent; 43.5 percent

39.1 percent; 17 percent

Which of the following is true of typical grand juries? They ideally serve to prevent arbitrary excesses by prosecuting attorneys. They stay in session for one year. They are usually limited to screening minor cases. They typically conduct independent investigations into the facts of a case.

They ideally serve to prevent arbitrary excesses by prosecuting attorneys.