Chapter 11 Full Review – GOVT 2306 – Flashcards
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1. The basic structure of the Texas judicial system, with more than 2,700 courts, a. is incredibly efficient despite overlapping jurisdictions. b. is considered among the most modern in the country. c. is considered one of the most corrupt state judicial systems in the country. d. is considered outdated and confusing due to its overlapping jurisdictions. e. is one of the smallest judicial systems in the country despite the size of Texas.
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a
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2. The Texas judiciary, particularly in urban areas, has become overloaded by a. civil cases. b. criminal cases. c. both civil and criminal cases equally. d. cases tried de novo. e. appellate cases.
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c
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3. The federal judiciary has ordered sweeping improvements in a. the state highway system. b. the allocation of state holidays. c. the state prison system. d. the state constitution. e. the state environmental agency.
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c
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4. More than ________ of all litigation is based on state laws or local ordinances. a. 95 percent b. 85 percent c. 75 percent d. 65 percent e. 55 percent
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a
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5. Civil lawsuits involve conflict a. where a misdemeanor has been committed. b. where a felony has been committed. c. between two or more parties. d. between the accused and the state. e. between married persons.
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c
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6. Most criminal activities are defined and their punishments established in the a. Civil Code. b. Jurisprudence Code. c. Penal Code. d. Criminal Code. e. Hammurabi Code.
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c
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7. ________ typically handle cases concerning things such as traffic tickets. a. The county court-at-law and municipal courts b. Municipal and statutory county courts c. Justice of the peace and municipal courts d. Constitutional and statutory courts e. Justice of the peace and district courts
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c
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8. The authority of a court to try or resolve a civil lawsuit or a felony prosecution being heard for the first time is known as a. appellate jurisdiction. b. original jurisdiction. c. supreme jurisdiction. d. bifurcated jurisdiction. e. de novo jurisdiction.
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b
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9. The existence of two courts at the highest level of the state judiciary is referred to as a a. bicameral court system. b. bifurcated court system. c. bi-level court system. d. dual court system. e. double court system.
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b
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10. Unlike federal judges, who are appointed by the president to life terms, state judges in Texas, except for those on municipal courts, are a. appointed by the governor for specific terms. b. appointed by the speaker for ten-year terms. c. elected to unlimited terms in partisan elections. d. elected to unlimited terms in nonpartisan elections. e. elected to limited terms in partisan elections.
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e
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11. Why did Texas create constitutional county courts? a. They were created to deal with constitutional issues that affected state government and persons at the county level. b. They were created by the legislature over the years to supplement the statutory county courts, in the process assuming responsibility over criminal cases. c. They were created by the Texas Constitution to serve the needs of the sparsely populated rural society that existed in Texas then. d. They were created by legislative order in 1954 to relieve the pressure from justice of the peace and municipal courts that had become overburdened with cases. e. They were created to provide a judicial branch at the county level in every county when Texas reorganized its counties in the early 1900s.
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c
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12. Most judges in Texas are a. appellate court justices. b. justices of the peace. c. county court justices. d. district court justices. e. municipal court justices.
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e
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13. Justice of the peace courts a. have original civil jurisdiction, de novo criminal jurisdiction, and serve as small claims courts. b. have original criminal jurisdiction but not civil jurisdiction, and serve as coroners. c. function as small claims courts, serve as coroners, and have de novo jurisdiction. d. have original civil and criminal jurisdiction, and function as small claims courts. e. serve as coroners, function as small claims courts, but have no other jurisdiction.
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d
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14. Most municipal courts and all justice of the peace courts are a. courts of record. b. not courts of record. c. courts with appellate jurisdiction. d. courts with felony jurisdiction. e. courts with probate jurisdiction.
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b
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15. ________ are the primary criminal cases tried before statutory county courts. a. Disorderly conduct cases b. Cases concerning illegal possession of a firearm c. Incidents of manslaughter d. Assault cases e. Drunken driving cases
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e
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16. What characterizes the work of statutory county courts? a. Because they were set up to deal with only probate issues, they are the most specific courts in Texas with regards to several issues. b. Determinations reached by these courts are the only ones at the county level that must be applied throughout the state. c. They have inconsistent jurisdictions because each one was set up to deal with specific local problems. d. These courts share all jurisdictions with municipal and justice of the peace courts but are higher in importance. e. Determinations reached by these courts cannot be appealed to any higher court as they involve issues of county level legal codes.
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c
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17. The primary trial court in Texas is the a. county court. b. municipal court. c. statutory county court. d. justice of the peace court. e. district court.
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e
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18. Despite overlapping jurisdictions, a district court judge would first hear a(n) ________ because of original jurisdiction. a. divorce, slander, or election dispute case b. civil action case with damages between $200 and $10,000 c. misdemeanor case with fines greater than $500 d. municipal ordinance criminal case e. appeal from a municipal court of record
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a
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19. A plea bargain results when the defendant negotiates a. a reduction in his sentence with his defense attorneys. b. directly with the judge in the case. c. a reduction in his sentence with the prosecutors. d. a reduction in his sentence with the Texas Supreme Court. e. a reduction in his sentence with the Texas Court of Criminal Appeals.
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c
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20. What is the primary purpose of the Texas Supreme Court? a. to decide on civil and criminal appeals and oversee the State Bar exam b. to decide on the constitutionality of legislation produced by the legislature c. to exercise disciplinary authority over Texas federal judges d. to decide on civil appeals and develop administrative procedures for state courts e. to handle cases that involve the government and one or more parties.
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d
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21. The Court of Criminal Appeals a. hears both criminal and civil cases. b. has fifteen justices. c. hears only criminal cases. d. hears only civil cases. e. has only three justices.
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c
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22. In what way does the district attorney exercise considerable power in the criminal justice process? a. Because DAs are appointed by the governor, their work in the criminal justice system can be an extension of the governor's policy on crime. b. The DA can postpone a criminal trial indefinitely at any time until the state can bring enough evidence to get a conviction. c. The DA decides which cases to take to a grand jury for an indictment and whether to seek the maximum penalty for an offense. d. Not only does the DA prosecute felonies, but they are also in charge of the state prisons within their district. e. The DA can overrule a criminal case from a lower county court without it being appealed to the district court.
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c
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23. Grand juries a. are each made up of twelve people selected by a district judge. b. tend to over represent minority interests. c. must issue an indictment or lower the charge to a misdemeanor. d. must meet in public with an attorney present for the accused. e. must have a unanimous decision in order to indict a defendant.
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a
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24. District and county clerks make up eligible jurors lists from a. voter registration cards and Department of Public Safety identification cards. b. state property tax and federal income tax rolls. c. federal income tax and voter's registration cards. d. Texas driver's licenses and Department of Public Safety identification cards. e. voter registration cards and Texas driver's licenses.
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d
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25. In order to convict a defendant of a felony in Texas, the jury decision must be a. unanimous. b. at least ten to two. c. at least eight to four. d. at least seven to five. e. agreed to by all twelve members.
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a
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26. People accused of ________ may not waive their right to a jury trial, even if they believe it would be to their advantage to have their case decided by a judge. a. sexual assault or rape b. kidnapping c. capital murder d. treason e. manslaughter
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c
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27. Cases reach the Texas Supreme Court primarily on a. petitions for review. b. writs of mandamus. c. petitions for acceptance. d. writs of certiorari. e. de novo writs.
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a
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28. When a case reaches an appellate court, it is a. brought before a judge and jury where it is then handled in the same way that the lower court handled the case. b. reviewed by a council of judges who in consultation with the lower court judge decide the case based on the consensus of liberal and conservative judges. c. brought before a judge and jury; the jury does not decide whether a person is guilty but provides an opinion to help the judge decide. d. reviewed by a judge who examines the procedures of the lower courts and then starts a de novo trial. e. reviewed by a judge who determines if the lower courts conformed to constitutional and statutory law.
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e
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29. What is the purpose of writs of mandamus on which the Texas Supreme Court sometimes acts? a. It is to remedy defects in justice by ordering lower courts or public officials to take a certain action. b. It offers a higher court's opinion to a lower court in a case that has a high probability for appeal. c. They provide written mandates that guide lower courts on decisions in civil cases. d. They are used to stop a case from being heard in a lower court and to transfer it to a higher court. e. They are decrees ordering the legislature to strike down unconstitutional laws.
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a
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30. Prior to the 1970s, how did most justices interpret the law in Texas? a. Justices acted primarily as judicial activists who believed they, and not the legislature, should set policy and that the role of the courts should not be narrowly interpreted. b. Most justices saw themselves as defenders of the lower classes and were actively involved in increasing the powers of the courts and setting policy. c. Establishment justices viewed themselves as strict constitutionalists who honored case law and legal precedent while typically favoring corporations. d. Justices were primarily strict constitutionalists, but they tended to engage in policy when it allowed the judiciary to increase its power. e. Establishment justices honored precedent but often became involved in setting policy when corporations took advantage of consumers, laborers, and lower socioeconomic groups.
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c
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31. Why did the Texas State Commission on Judicial Conduct publicly sanction Texas Supreme Court Justices C. L. Ray and William Kilgarlin in June 1987? a. They had assisted several county officials, including two commissioners and a sheriff, in covering up evidence from a whistle-blower case. b. They were found to have dismissed evidence that was detrimental to several of their cases and of delivering verdicts based on personal beliefs rather than on civil law. c. They were found to have blackmailed several attorneys to misrepresent clients in cases where it was feared the state would lose. d. They were found to have solicited funds from attorneys and for having improper contact with attorneys practicing before the court. e. They had been caught soliciting bribes from several large corporations to deliver verdicts that would be favorable to the latter.
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d
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32. Why did Supreme Court Chief Justice John L. Hill resign from the court in 1988? a. After placing the critical vote that declared a recent health care law unconstitutional, the Senate sought to remove Hill, but he preempted them by resigning. b. He resigned in a sign of protest at the sanctioning of fellow justices Ray and Kilgarlin, who Hill believed to be innocent. c. He sought to lobby as a private citizen for merit selection of judges, which the legislature had previously ignored. d. He was dismayed by the court's propensity for conservative activism and felt that he had little power within the Supreme Court. e. The legislature was planning to vote on campaign finance limits for the judicial branch and, in a sign of protest at the legislature expanding its powers, resigned to launch a civil suit.
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c
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33. In 1998, the Republican Party won ________ seats on the Texas Supreme Court. a. the majority of the b. all of the c. seven d. none of the e. half of the
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b
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34. Legislation enacted in 1987 aimed at bringing about tort reform attempted a. to put some limits on personal injury lawsuits and damage judgments entered by the courts. b. to place limits on campaign contributions that could be donated to judges by corporations. c. to put limits on the number of years a judge could serve in a particular court. d. to place some limits on noncustodial penalties facing those convicted of nonviolent crime. e. to increase the amount of transparency concerning the appointment of judges in district courts.
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a
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35. Which of the following was appointed U.S. attorney general after serving on the Texas Supreme Court and as Texas secretary of state? a. Raul A. Gonzalez b. Nathan Luna c. Alberto R. Gonzales d. Ernest F. Hernandez, Jr. e. Harriet Miers
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c
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36. Governor ________ appointed the first African American to the Texas Court of Criminal Appeals. a. Mark White b. Bill Clements c. Ann Richards d. George W. Bush e. Rick Perry
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b
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37. What effect did League of United Latin American Citizens et al. v. Mattox et al. have on the Texas judicial system? a. It resulted in a change in the selection process for district judges when the Fifth Circuit Court found that elections for the district could no longer be held countywide. b. Though the case did not change the judicial system, the court did note that minority voting power is diluted in countywide elections and that it is an issue that must be addressed in the future. c. Though the case was defeated in 1994, its five-year struggle led to more people advocating for different elections, and in 2000 through legislation, the goals of this case were achieved. d. It resulted in sweeping changes to the selection process for district judges, but since the changes were implemented in 1994, they have failed to provide increased minority representation within the judiciary. e. It changed nothing as partition affiliation was considered a more significant factor than ethnicity on judicial elections after five years of the case being argued, but it exposed the importance of the issue.
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b
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38. What benefits do a nonpartisan election system for judges, which some advocate be used in Texas, offer? a. It would move the judiciary away from judicial activism and instead promote the election of judges based on merit rather than their philosophy. b. It would guard against partisan bickering on the multimember appellate courts and eliminate the possibility of a poorly qualified candidate being swept into office by straight-ticket voting. c. It would allow the governor to appoint judges from lists of nominees recommended by nominating committees, and later the voters could decide whether they should remain in office. d. It would prevent the possibility of corruption by forcing judicial candidates to fund their own campaigns, essentially protecting them from the influence of contributor money. e. It would save Texas at all levels of government millions a year as elections for the judiciary would be streamlined and made more efficient.
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b
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39. Under both the U.S. and Texas Constitutions, a person charged with a crime is presumed a. guilty until proven innocent by an appointed attorney. b. innocent until the state can prove guilt beyond a reasonable doubt to a judge or jury. c. innocent until the state can prove reasonable guilt to a judge or jury. d. guilty until the defendant convinces a jury of innocence beyond a shadow of doubt. e. innocent until the federal government can prove guilt beyond a reasonable doubt.
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b
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40. Over time, the U.S. Supreme Court has applied the Bill of Rights to the states by way of the ________ clauses of the Fourteenth Amendment. a. principles of equal protection and due process b. principle of equal protection and rule of law c. principle of due process and presumption of innocence d. principle of due process and rule of law e. principles of equal protection and presumption of innocence
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a
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41. Under the ________ ruling, police are required by the courts to inform us of our rights. a. informed consent b. disclosure c. Miranda d. defendant informant e. remain silent
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c
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42. In a criminal case, when a jury cannot reach a unanimous verdict and the judge must declare a mistrial, a. the prosecution has to seek a new trial with another jury or drop the charges. b. the case is automatically dropped and the defendant is released. c. the jury is relived of its duty and the judge continues to hear the case alone. d. the case then proceeds to an appellate level court. e. the case is put on hold for two months to allow the prosecution to gather new evidence.
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a
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43. ________ is considered the most serious crime in Texas. a. Capital murder b. Murder one c. First-degree murder d. Capital rape e. Capital manslaughter
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a
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44. Why did the U.S. Supreme Court halt executions in all states in 1972? a. Capital punishment was halted for three months as the Supreme Court investigated the legality of it when the U.S. signed a UN humanitarian charter the same year. b. It declared capital punishment unconstitutional as it violated the constitutional prohibition of cruel and unusual punishment because it could be applied in a discriminatory fashion. c. Earlier that year, Congress had passed legislation banning the death penalty, and the U.S. Supreme Court upheld it following a lengthy court battle. d. A five-month moratorium was placed on the death penalty after it was revealed that in the previous year fifty-six people were wrongly executed following the discovery of new evidence It declared that several execution methods were cruel and unjust, and banned the death penalty until lethal injection was introduced in all states that had capital punishment.
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b
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45. ________ is a first-degree felony. a. Home burglary b. Bribery c. Aggravated sexual assault d. Theft of trade secrets e. Intentional bodily injury to a child
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c
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46. People sentenced to life in prison can be considered for parole after serving a. twenty years. b. thirty years. c. forty years. d. fifty years. e. sixty years.
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c
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47. The Texas ________ must try to balance the constitutional rights of convicts against the public welfare. a. Court of Appeals b. Court of Criminal Appeals c. Supreme Court d. district courts e. state courts
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b
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48. Throughout much of its history, the Texas ________ has been accused of excessive concern for legal technicalities that benefit convicted criminals. a. Supreme Court b. Court of Criminal Appeals c. appellate court d. district court e. state court
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b
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49. What was the result of the Texas Supreme Court ruling in the 1989 Edgewood school case? a. It ordered basic changes in the financing of public K-12 education in order to provide more equity between rich and poor school districts. b. It ruled that the then existing school finance law was legal and valid, as it upheld the constitutional requirement for an efficient education system. c. It ordered an increase in hiring of minorities through a quota system that would allow for greater diversity among school staff. d. It ruled that public K-12 schools could no longer allow prayer or discussion of religion in a classroom as it violated the principle of separation of church and state. e. It ordered that all classrooms in public K-12 schools must have flags of both the United States and Texas on display and that the Pledge of Allegiance be recited every day.
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a
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50. In 1994, the Texas Supreme Court held that parents a. can educate their children at home. b. must educate their children in either public or private schools. c. are not required to educate their children. d. are required to comply with all state public education rules. e. committed a misdemeanor when they took their children out of school.
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a
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1. Criminal cases range from traffic offenses punishable by fines to capital murder punishable by life in prison.
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True
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2. As in other states, Texans are not subject to the jurisdiction of both state and federal court systems.
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False
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3. Civil lawsuits, which can be brought under numerous statutes, involve conflicts between two or more parties.
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True
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4. When police officers in Texas read criminal suspects their rights, the officers are complying with constitutional requirements determined by the Texas Supreme Court.
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False
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5. Some courts have only original jurisdiction, meaning they can only try cases heard for the second time.
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False
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6. At the highest appellate level, Texas has a bifurcated court system that sends criminal and civil cases to the same court.
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False
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7. The primary trial court in Texas is the county court.
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False
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8. In 1989, a Texas Supreme Court justice requested an extensive study of the Texas judiciary by the Texas Research League.
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True
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9. The Texas Court of Criminal Appeals, which hears only criminal cases on appeal, has nine members.
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True
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10. A panel that reviews evidence submitted by prosecutors to determine whether to indict an individual with a criminal offense is called a grand jury.
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True
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11. In order to be indicted by a grand jury, the law requires up to eight votes to issue a true bill.
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False
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12. Refusing to show up for jury duty can lead to fines and, in some cases, jail time.
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True
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13. Chief Justice Hill resigned from the Texas Supreme Court to lobby for changing the method of selecting judges in Texas.
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True
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14. A 1999 study suggested that business-related litigants had been the big winners in cases before the Texas Supreme Court during the previous four years.
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True
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15. Hispanics and African Americans have had difficulty winning election to state courts.
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True
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16. Ruby Sondock of Houston was the first woman to serve on the Texas Supreme Court.
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True
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17. The Texas Supreme Court became entangled in the abortion issue in early 2000 after a national law went into effect requiring parents to be notified by the doctor before their minor daughters could have abortions.
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False
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18. The Texas Supreme Court is the court of last resort for all cases in the state of Texas.
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False
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19. Judges in Texas have been accused of siding with litigants who give large campaign contributions.
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True
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20. The state judiciary has traditionally had more influence than the federal courts in shaping public policy.
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False
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Penal Code
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A body of law that defines most criminal offenses and sets a range of punishments that can be assessed.
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Civil Lawsuits
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Noncriminal legal disputes between two or more individuals, businessmen, governments, or other entities.
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Original Jurisdiction
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The authority of a court to try to resolve a civil lawsuit or a criminal prosecution being heard for the first time.
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Appellate Jurisdiction
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The authority of a court to review the decisions of lower courts to determine if the law was correctly interpreted and legal procedures were correctly followed.
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Bifurcated Court System
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Existence of tow courts at the highest level of state judiciary. Texas Supreme Court and Texas Court of Criminal Appeals
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Commissioners Court
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The principal policymaking body for county government. It includes four commissioners and the county judge, all elected offices. It sets the county tax rate and supervises expenditures.
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Municipal Court
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Courts of limited jurisdiction that hears cases involving city ordinances and primarily handle traffic tickets.
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Justice of the Peace Courts
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Low-ranking courts with jurisdiction over minor civil disputes and criminal cases.
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Constitutional County Court
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The Texas Constitution provides for courts with limited jurisdiction. The county judge, who is also the presiding officer of a county's commissioners court, which is a policy-making body, performs some limited judicial functions in some counties.
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Statutory County Court
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A court created by the legislative that exercise limited jurisdiction over criminal and/or civil cases. The jurisdiction of these courts varies from county to county.
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District Court
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Court with general jurisdiction over criminal felony cases and civil disputes.
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Plea Bargain
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A procedure that allows a person charged with a crime to negotiate a guilty plea with prosecutors in exchange for a lighter sentence than he or she would expect to receive if convicted in a trial.
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Courts of Appeals
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Intermediate-level courts that review civil and criminal cases from the district courts.
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Texas Supreme Court
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A nine-member court with final appellate jurisdiction over civil lawsuits.
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Texas Court of Criminal Appeals
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A Texas nine-member court with final appellate jurisdiction over criminal cases.
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Grand Jury
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Panel that reviews evidence submitted by prosecutors to determine whether to indict, or charge, and individual with a criminal offense.
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Prosecution
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The conduct of legal proceedings against and individual charged with a crime.
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Indictment
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A written statement issued by a grand jury charging a person or persons with a crime or crimes.
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Petit Jury
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A panel of citizens that hears evidence in a civil lawsuit or a criminal prosecution and decides the outcome by issuing a verdict.
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Veniremen
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Persons who have been called for a jury panel.
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Petition for Review
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Petition to Texas Supreme Court stating that legal or procedural mistakes were made in the lower court, thus meriting a hearing before the court.
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Writs of Mandamus
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Court orders directing a lower court or a public official to take a certain action.
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Petition for Discretionary Review
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Petition to the Texas Court of Criminal Appeals stating that legal or procedural mistakes were made in the lower court, thus meriting a hearing before the court.
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Merit Selection
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A proposal under which the governor would appoint state judges from lists of potential nominees recommended by committees of experts. Appointed judges would have to run later in retention elections in which voters would simply decide whether a judge should remain in office or be replaced by another gubernatorial appointee.
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Tort Reform
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Changes in state law to put limits on personal injury lawsuits and damage judgements entered by the courts.
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Retention Elections
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Elections in which judges run on their own records rather than against other candidates. Voters cast their ballots on the question of whether the incumbent judge should stay in office.
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Ward Politics
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Term, often with negative connotations, that refers to partisan politics linked to political favoritism.
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Miranda Ruling
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A far-reaching decision of the U.S. Supreme Court that requires law enforcement officers to warn a criminal suspect of his or her right to remain silent and have an attorney present during questioning.
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Nolo Contendere
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A plea of no contest to a criminal charge.
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Capital Murder
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Murder committed under certain circumstances for which the death penalty or life in prison must be imposed.
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Felony
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A criminal offense that can be punished by imprisonment and/or a fine. This is a more serious offense than a misdemeanor.
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Misdemeanor
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A minor criminal offense punishable by a fine or short sentence in the county jail.
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Probation
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A procedure under which a convicted criminal is not sent to a prison if he or she meets certain conditions, such as restrictions on travel and with whom he or she associates.
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Parole
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The early release of an inmate from prison, subject to certain conditions.
