Government Chapter 9 – Flashcards with Answers

Question 1 1 out of 1 points Correct The majority of cases in municipal courts involve Selected Answer: Answers: A. traffic and parking violations. B. civil cases, especially torts. C. city ordinances. D. felony crimes. E. family law.

Question 2 1 out of 1 points Correct When a lawyer charges a client only if the case is won, it is called a Selected Answer: Answers: A. civil fee. B. contingent fee. C. hypothetical bill. D. tort claim. E. pro bono claim.

Question 3 1 out of 1 points Correct In Texas, trial lawyers tend to support Selected Answer: Answers: A. Republican judicial candidates. B. anti-death penalty judicial candidates. C. Democratic judicial candidates. D. pro-business judicial candidates. E. pro-death penalty judicial candidates.

Question 4 1 out of 1 points Correct The main trial courts in Texas are called Selected Answer: . Answers: A. district courts. B. courts of appeals. C. municipal courts. D. county courts. E. justice of the peace courts.

Question 5 1 out of 1 points Correct Statutory probate courts are designed to Selected Answer: Answers: A. assist in issues concerning child-custody cases. B. assist in issues concerning the dispersion of property of deceased persons. C. speed up adjudication on matters relating to personal bankruptcy. D. try civil cases involving real estate disputes. E. try criminal cases for those violating probation.

Question 6 1 out of 1 points Correct If you violate a city ordinance in Texas, which type of court would most likely hear your case? Selected Answer: Answers: A. a court of appeals B. a municipal court C. a justice of the peace court D. a county court E. a district court

Question 7 1 out of 1 points Correct The most common route to a criminal conviction is a(n) Selected Answer: Answers: A. jury trial. B. indictment from a grand jury. C. plea bargain between the defendant and the state. D. bench trial. E. plea bargain between the defendant and the plaintiff.

Question 8 1 out of 1 points Correct What is the most important type of case that the Texas Supreme Court handles? Selected Answer: Answers: A. prison reform B. bankruptcy cases C. death penalty cases D. impeachment of public officials E. tort laws

Question 9 1 out of 1 points Correct Since the late 1980s, in what direction has the Texas Supreme Court moved regarding civil cases? Selected Answer: Answers: A. The Texas Supreme Court is choosing to hear fewer tort-law cases. B. The Texas Supreme Court is moving toward a more common-law approach to tort reform. C. Texas has moved toward a more conservative approach to torts. D. The Texas Supreme Court has grown more liberal in its tort-law decisions. E. The Texas Supreme Court has taken a more pro-business direction.

Question 10 1 out of 1 points Correct Why is it difficult for voters to learn about judicial candidates in Texas? Selected Answer: Answers: A. Voters are called upon to vote for too many different judicial races in a single election. B. Most judicial candidates fill their campaign literature with arcane legal analysis. C. Judicial candidates do very little campaigning. D. Judicial candidates, by law, are prevented from actively campaigning for office. E. Most voters never go to court, so they have little knowledge upon which to base their decisions.

Question 11 1 out of 1 points Correct Disputes between private individuals over their relationships, responsibilities, and obligations are the topic of Selected Answer: Answers: A. criminal law. B. statutory law. C. ordinances. D. civil law. E. contract law.

Question 12 1 out of 1 points Correct What is the process for granting clemency in Texas? Selected Answer: Answers: A. The governor must follow the recommendations of the Texas Board of Pardons and Paroles. B. The case must be overturned by the court of criminal appeals. C. The Texas Board of Pardons and Paroles makes a unilateral collective decision. D. There is no procedure for clemency in Texas. E. The governor has complete control of whether to grant clemency.

Question 13 1 out of 1 points Correct A(n) ______ determines whether sufficient evidence is available to justify a trial. Selected Answer: Answers: A. district attorney B. justice of the peace C. grand jury D. en banc committee E. probate judge

Question 14 1 out of 1 points Correct Why was partisanship in Texas judicial elections not an issue until 1978? Selected Answer: Answers: A. That was the first year the Texas constitution permitted candidates to announce their party affiliations. B. It was the first year a third-party candidate won a seat in a Texas judicial election. C. Up until that time, Texas was essentially a one-party state. D. That was the year judicial elections shifted from nonpartisan to partisan. E. Even though they could, candidates typically ran without using party labels up until 1978.

Question 15 1 out of 1 points Correct Which court in Texas has automatic jurisdiction over all death penalty cases? Selected Answer: Answers: A. the court of criminal appeals B. the district court C. the justice of the peace court D. the supreme court E. the court of civil appeals

Question 16 1 out of 1 points Correct Which of the following best describes capital punishment in Texas? Selected Answer: Answers: A. The number of executions in Texas is double the number of executions in every other state combined. B. Texas has had more death penalty cases overturned by the U.S. Supreme Court than any other state. C. Texas has both the highest rate of executions and the highest rate of successful death sentence appeals in the nation. D. Texas executes more individuals than any other state and has a statistically low rate of successfully appealed capital cases. E. The number of prisoners executed in Texas has been slowly decreasing since the 1970s.

Question 17 1 out of 1 points Correct In Texas, the legal standard of guilt beyond a reasonable doubt is used in which types of cases? Selected Answer: Answers: A. none—"beyond a reasonable doubt" is a standard used in federal, not state, court B. civil C. criminal D. criminal and civil E. statutory

Question 18 1 out of 1 points Correct What is the particular problem in Texas judicial elections known as the "name game"? Selected Answer: Answers: A. Voters will often vote for a candidate whose name is listed first on the ballot. B. Many voters will vote for a judicial candidate whose name they are familiar with, even if they know nothing about the candidate. C. Only big-name candidates can raise enough campaign contributions. D. Judicial candidates sometimes make up colorful nicknames, like "Hang 'em High" Johnson, that serve as free advertisements for their judging beliefs. E. Voters will often vote for a candidate by looking at his or her party affiliation, not his or her name.

Question 19 1 out of 1 points Correct What is the most important part of a judicial candidate's campaign in Texas? Selected Answer: Answers: A. professional and personal qualifications B. party affiliation C. rating by the American Bar Association D. name recognition with the voters E. campaign financing

Question 20 1 out of 1 points Correct What is the most important role the governor of Texas plays in the judicial process? Selected Answer: Answers: A. The governor has the power to limit the jurisdiction of the appellate courts. B. The governor appoints all members to the Texas Supreme Court. C. The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held. D. The governor has the power to permanently appoint all municipal court judges. E. The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases.

Question 21 1 out of 1 points Correct Which of the following is not a major criticism of the method of judicial selection in Texas today? Selected Answer: Answers: A. In many cases ballots can be overloaded with judicial elections, making them complicated. B. It is overly partisan. C. Too often voters know nothing about the judicial candidates for whom they are voting. D. The need to raise campaign contributions compromises the independence of the judges. E. The governor has too much power in judicial selection.

Question 22 1 out of 1 points Correct The Texas Judicial Campaign Fairness Act Selected Answer: Answers: A. compels judges to recuse themselves from any case involving someone who has contributed money to their campaigns. B. allows individuals to donate as much money as they can to judicial candidates. C. restricts judicial advertising to radio and television ads. D. limits the amount of campaign contributions a judicial candidate can receive from an individual donor. E. forbids law firms or corporations from making donations.

Question 23 1 out of 1 points Correct By 2011, in Dallas County Selected Answer: Answers: A. DNA evidence was used to exonerate twenty-two wrongfully convicted men. B. the district attorney announced a new policy of seeking life in prison rather than the death penalty in capital cases. C. fourteen judges were impeached for accepting bribes from undercover federal agents. D. fifteen police officers were fired for tampering with evidence. E. the county jails were temporarily closed by the state due to health and overcrowding problems.

Question 24 1 out of 1 points Correct Which of the following statements about retention elections is correct? Selected Answer: Answers: A. Texas currently uses retention elections for municipal court judges and justices of the peace. B. A proposal for retention elections in the mid-1990s failed to pass. C. A retention election requires at least one non-incumbent in the race. D. In retention elections, judges must run against another judge from a different district. E. In retention elections, judges are voted on by the Texas Senate.

Question 25 1 out of 1 points Correct What is it called when a blue-ribbon committee selects judicial nominees who are then appointed by the governor and must finally run for retention in office? Selected Answer: Answers: A. progressive reform selection B. committee certification C. en banc selection D. merit selection E. nonpartisan selection

Question 26 1 out of 1 points Correct Justice of the peace courts handle which kind of disputes? Selected Answer: Answers: A. small claims B. city ordinance violations C. bankruptcy cases D. disposition of property of deceased persons E. felonies

Question 27 1 out of 1 points Correct What is the standard of proof used for civil cases in Texas? Selected Answer: Answers: A. The plaintiff must meet the preponderance of evidence. B. The defendant must be found guilty beyond a reasonable doubt. C. The defendant must prove a reasonable chance of innocence. D. The defendant must have contributed more to the judge's campaign than the plaintiff. E. The plaintiff must meet the standard of reasonable doubt.

Question 28 1 out of 1 points Correct A(n) ______ case is one that calls for the death penalty. Selected Answer: Answers: A. Eighth Amendment B. statutory C. capital D. probate E. exclusionary

Question 29 1 out of 1 points Correct What types of cases does the Texas Supreme Court hear? Selected Answer: Answers: A. final appeals on all civil and death penalty cases B. civil appeals C. appeals on civil and criminal cases D. both trial and appeals in tort-law cases E. any cases it chooses to hear

Question 30 1 out of 1 points Correct If a trial is held before a judge only, and without a jury, it is Selected Answer: Answers: A. unconstitutional B. a bench trial C. a judicial trial D. a summary judgment E. a grand jury