Ch.10 Rottinghaus The Texas Judiciary Test Bank Docx

Chapter 10

Test Bank

Type: multiple choice question

Title: Chapter 10 Question 01, Objective 10.1

1) The _______ role is to interpret Texas laws in matters ranging from minor criminal offenses to interpreting the Texas Constitution.

Feedback: conceptual

a. legislative branch’s

b. executive branch’s

c. judicial branch’s

d. party system’s

Type: multiple choice question

Title: Chapter 10 Question 02, Objective 10.1

2) The official territory and types of cases over which a court exercises authority is referred to as

Feedback: conceptual

a. jurisdiction.

b. authority.

c. criminal adjudication.

d. appellate ruling.

Type: multiple choice question

Title: Chapter 10 Question 03, Objective 10.1

3) The court in which the case is first heard is referred to as the court of

Feedback: conceptual

a. original jurisdiction.

b. appellate jurisdiction.

c. criminal jurisdiction.

d. original authority.

Type: multiple choice question

Title: Chapter 10 Question 04, Objective 10.1

4) The authority of a court to review a case first heard by a lower court is referred to as

Feedback: conceptual

a. original jurisdiction.

b. appellate jurisdiction.

c. criminal jurisdiction.

d. original authority.

Type: multiple choice question

Title: Chapter 10 Question 05, Objective 10.1

5) Cases in which the government brings suit against the defendant for violating the law and the government must prove the defendant is guilty beyond a reasonable doubt are

Feedback: conceptual

a. criminal cases.

b. civil cases.

c. appeals cases.

d. political cases.

Type: multiple choice question

Title: Chapter 10 Question 06, Objective 10.1

6) Cases in which individuals, corporations, or the government bring suit against another party and must prove that a harm was done to them beyond a “preponderance of evidence” are

Feedback: conceptual

a. criminal cases.

b. civil cases.

c. appeals cases.

d. political cases.

Type: multiple choice question

Title: Chapter 10 Question 07, Objective 10.1

7) The _______ of the court also allows for higher courts to check bad decisions or incorrect rulings by lower courts.

Feedback: applied

a. criminal nature

b. adversarial nature

c. hierarchical nature

d. political nature

Type: multiple choice question

Title: Chapter 10 Question 08, Objective 10.1

8) How does Texas compare to other states in terms of the number of trial courts we have inside the state?

Feedback: factual

a. Texas has the fewest trial courts.

b. Texas has the most trial courts.

c. Texas has slightly more than an average number of trial courts.

d. Texas has slightly less than an average number of trial courts.

Type: multiple choice question

Title: Chapter 10 Question 09, Objective 10.1

9) The highest criminal offense under state or federal law is called a

Feedback: conceptual

a. misdemeanor.

b. felony.

c. indictment.

d. Class 1-A.

Type: multiple choice question

Title: Chapter 10 Question 10, Objective 10.1

10) The class of criminal offenses that are minor wrongdoings, such as truancy or jaywalking, are called

Feedback: conceptual

a. misdemeanors.

b. felonies.

c. indictments.

d. Class 1-As.

Type: multiple choice question

Title: Chapter 10 Question 11, Objective 10.1

11) Law that is established when judges apply past decisions by courts—called legal precedents—to the facts of a new case before them is called

Feedback: conceptual

a. historical law.

b. mosaic law.

c. common law.

d. civil law.

Type: multiple choice question

Title: Chapter 10 Question 12, Objective 10.1

12) Courts that review legal issues of cases decided by lower courts are called

Feedback: conceptual

a. justice courts.

b. county courts at law.

c. district courts.

d. appellate courts.

Type: multiple choice question

Title: Chapter 10 Question 13, Objective 10.2

13) _______ are trial courts that handle most major criminal and civil cases, including murder, drug trafficking, contested elections, and civil cases involving high amounts of monetary damages—any amount over $200.

Feedback: conceptual

a. Municipal courts

b. County courts at law

c. District courts

d. Criminal courts of appeal

Type: multiple choice question

Title: Chapter 10 Question 14, Objective 10.2

14) The process by which there is official recognition and registration of the validity of the last will and testimony of a person is called

Feedback: conceptual

a. an appeal.

b. a first hearing.

c. probate.

d. a final judgment.

Type: multiple choice question

Title: Chapter 10 Question 15, Objective 10.2

15) Someone is involved in a multimillion-dollar personal injury case and is told his/her case will begin in the state district court. (S)he insists the case should begin at the Texas Supreme Court. Why can this case not begin at the Texas Supreme Court?

Feedback: applied

a. The Texas Supreme Court doesn't hear civil cases at all.

b. The Texas Supreme Court lacks original jurisdiction in the case.

c. The county judge gets to decide where cases begin. (S)he isn't required to take the litigants’ preferences into account.

d. The Texas Supreme Court is just too busy to hear any more cases.

Type: multiple choice question

Title: Chapter 10 Question 16, Objective 10.2

16) Someone is charged with violating an El Paso ordinance that prohibits loud music after 10:00 pm. This case will begin in

Feedback: applied

a. municipal court.

b. district court.

c. statutory county court.

d. the court of appeals.

Type: multiple choice question

Title: Chapter 10 Question 17, Objective 10.2

17) When a single judge presides and decides guilt or innocence and punishment without a jury, it is a called a _______ trial.

Feedback: conceptual

a. common

b. bench

c. voir dire

d. municipal

Type: multiple choice question

Title: Chapter 10 Question 18, Objective 10.2

18) When a group of individuals selected for service decides on guilt or innocence, this is a called a _______ trial.

Feedback: conceptual

a. common

b. bench

c. jury

d. municipal

Type: multiple choice question

Title: Chapter 10 Question 19, Objective 10.2

19) If you dump something in violation of city ordinances or if you are caught with alcohol as a minor, you’ll end up in

Feedback: applied

a. the Supreme Court.

b. county court.

c. district court.

d. municipal court.

Type: multiple choice question

Title: Chapter 10 Question 20, Objective 10.2

20) _______ in Texas have original and exclusive jurisdiction over violations of city ordinances and over Class C misdemeanors, the lowest level of punishment severity of all misdemeanors.

Feedback: conceptual

a. Justice courts

b. County courts

c. District courts

d. Municipal courts

Type: multiple choice question

Title: Chapter 10 Question 21, Objective 10.2

21) Every county has at least one _______, which generally hear relatively minor offenses.

Feedback: conceptual

a. justice court

b. county court

c. district court

d. municipal court

Type: multiple choice question

Title: Chapter 10 Question 22, Objective 10.2

22) In urban counties, the constitutional commissioner's court rarely hears judicial matters. Instead, the disputes it would normally hear are handled by the

Feedback: conceptual

a. municipal court.

b. statutory commissioner's court.

c. district court.

d. court of appeals.

Type: multiple choice question

Title: Chapter 10 Question 23, Objective 10.2

23) The chief executive of each county is called a _______ and has both judicial and executive powers.

Feedback: conceptual

a. county judge

b. municipal judge

c. supreme court justice

d. district court judge

Type: multiple choice question

Title: Chapter 10 Question 24, Objective 10.3

24) The justices in _______ may decide the case based upon the brief alone or they may hear oral arguments, during which attorneys for both sides present their cases in person to the justices.

Feedback: conceptual

a. justice courts

b. county courts at law

c. district courts

d. appellate courts

Type: multiple choice question

Title: Chapter 10 Question 25, Objective 10.3

25) Amicus curiae briefs can be filed by interested parties that are not directly involved in a case, providing an avenue for outside groups to have a say in the judicial process. Amicus curiae means

Feedback: conceptual

a. “enemy of the court.”

b. “friend of the court.”

c. “advisor of the court.”

d. “lawyer of the court.”

Type: multiple choice question

Title: Chapter 10 Question 26, Objective 10.3

26) A document, which may be written after judges make a decision, expresses the view of the judges, and may explain their reasoning on a particular case is called a(n) Feedback: conceptual

a. statement.

b. opinion.

c. sentence.

d. viewpoint.

Type: multiple choice question

Title: Chapter 10 Question 27, Objective 10.3

27) Suppose a third party would like to give input to the court on a pending case. They can do so via

Feedback: applied

a. inviting the judges to an informational seminar.

b. testifying during open court.

c. scheduling a lobbying session.

d. an amicus curiae brief.

Type: multiple choice question

Title: Chapter 10 Question 28, Objective 10.3

28) Texas has a system of two supreme courts. This is referred to as

Feedback: conceptual

a. dual structure.

b. uni-structure.

c. diffusion of power.

d. appellate duo.

Type: multiple choice question

Title: Chapter 10 Question 29, Objective 10.3

29) Texas has a dual court structure in order to make the judicial system more

Feedback: conceptual

a. efficient.

b. unique.

c. complicated.

d. slow.

Type: multiple choice question

Title: Chapter 10 Question 30, Objective 10.3

30) The intermediate courts of appeals are divided by

Feedback: conceptual

a. race of the parties.

b. type of crime.

c. geography.

d. age of the parties.

Type: multiple choice question

Title: Chapter 10 Question 31, Objective 10.3

31) The court of last resort for all criminal matters is the

Feedback: conceptual

a. district supreme court.

b. Texas Supreme Court.

c. Texas Court of Criminal Appeals.

d. county court of criminal appeals.

Type: multiple choice question

Title: Chapter 10 Question 32, Objective 10.3

32) The Texas Court of Criminal Appeals must review what kinds of cases?

Feedback: conceptual

a. Death penalty

b. Robbery

c. Assault

d. Crimes against elected officials

Type: multiple choice question

Title: Chapter 10 Question 33, Objective 10.3

33) If a case does not involve criminal law, the court of last resort is the

Feedback: conceptual

a. Court of Appeals.

b. Texas Supreme Court.

c. County Constitutional Court.

d. Court of Civil Appeals.

Type: multiple choice question

Title: Chapter 10 Question 34, Objective 10.3

34) Cases required to be heard by a specific court are referred to as

Feedback: conceptual

a. mandatory review cases.

b. appellate court cases.

c. supreme review cases.

d. criminal court review cases.

Type: multiple choice question

Title: Chapter 10 Question 35, Objective 10.3

35) The _______ deals primarily with civil matters and juvenile justice.

Feedback: conceptual

a. district supreme court

b. Texas Supreme Court

c. Texas Court of Criminal Appeals

d. county court of criminal appeals

Type: multiple choice question

Title: Chapter 10 Question 36, Objective 10.3

36) The leader of the Texas Supreme Court is referred to as the

Feedback: conceptual

a. chief justice.

b. chancellor.

c. law lord.

d. judicial leader.

Type: multiple choice question

Title: Chapter 10 Question 37, Objective 10.3

37) Texas has two courts of last resort, the Texas Supreme Court and the

Feedback: conceptual

a. Texas Court of Criminal Appeals.

b. Supreme Criminal Tribunal.

c. Privy Council.

d. Supreme Criminal Court.

Type: multiple choice question

Title: Chapter 10 Question 38, Objective 10.3

38) Suppose all of the members of an appellate court hear a case together. They are said to be sitting

Feedback: conceptual

a. en masse.

b. en banc.

c. together.

d. in full.

Type: multiple choice question

Title: Chapter 10 Question 39, Objective 10.4

39) Suppose a judge really enjoys her job. Why might she have to retire?

Feedback: applied

a. Judges are not paid.

b. Judges are only allowed to serve two terms in a row.

c. Texas has a mandatory judicial retirement age.

d. Texas limits judges to 20 years total on the bench in their career.

Type: multiple choice question

Title: Chapter 10 Question 40, Objective 10.4

40) One reason judges leave office is

Feedback: conceptual

a. very competitive elections.

b. judges have a hard time with all of the negative press they get.

c. strict term limits.

d. low judicial pay.

Type: multiple choice question

Title: Chapter 10 Question 41, Objective 10.4

41) The workload (in cases) of the judiciary is referred to as the court’s

Feedback: conceptual

a. caseload.

b. per diem.

c. working structure.

d. hourly load.

Type: multiple choice question

Title: Chapter 10 Question 42, Objective 10.4

42) When a case is off the court’s docket, generally by being heard or dismissed, this is known as being

Feedback: conceptual

a. cleared off.

b. disposed of.

c. cleaned from the docket.

d. wiped out.

Type: multiple choice question

Title: Chapter 10 Question 43, Objective 10.5

43) Suppose a judge is accused of misconduct. (S)he will likely be reviewed by

Feedback: applied

a. the County Judge’s Assembly.

b. the Governor’s Council on Judicial Behavior.

c. the House Judiciary Committee.

d. the State Commission on Judicial Conduct.

Type: multiple choice question

Title: Chapter 10 Question 44, Objective 10.5

44) The state legislature would like to remove a judge from office. They can do so via

Feedback: applied

a. a concurrent resolution.

b. impeachment.

c. a vote of no confidence.

d. a voice vote.

Type: multiple choice question

Title: Chapter 10 Question 45, Objective 10.5

45) Compared to other races, judicial elections tend to have

Feedback: conceptual

a. higher turnout.

b. about the same level of turnout.

c. lower turnout.

d. no turnout; all judges are appointed by the governor.

Type: multiple choice question

Title: Chapter 10 Question 46, Objective 10.5

46) Nearly all judges in Texas are chosen by

Feedback: conceptual

a. partisan elections.

b. gubernatorial selection.

c. merit selection.

d. nonpartisan elections.

Type: multiple choice question

Title: Chapter 10 Question 47, Objective 10.6

47) Which is true of the Texas judiciary in recent years?

Feedback: conceptual

a. It has ample resources.

b. It is less diverse.

c. There are now fewer courts.

d. It is more diverse.

Type: multiple choice question

Title: Chapter 10 Question 48, Objective 10.6

48) What tends to explain the lack of success by Hispanic judicial candidates for appellate courts?

Feedback: conceptual

a. The quality of the law school the candidate went to

b. Judicial experience

c. Partisanship

d. Whether they’ve met the judge

Type: multiple choice question

Title: Chapter 10 Question 49, Objective 10.7

49) A nonpartisan way to select judges, in which a commission selected by state officials sends recommendations to the governor and the governor then selects the nominees from that list, is known as

Feedback: conceptual

a. partisan elections.

b. gubernatorial selection.

c. merit selection.

d. nonpartisan elections.

Type: multiple choice question

Title: Chapter 10 Question 50, Objective 10.7

50) What differentiates judicial elections in nonpartisan and partisan systems?

Feedback: conceptual

a. Campaign signs are forbidden in partisan races.

b. Candidates are not allowed to talk about politics in nonpartisan races.

c. Candidates’ political parties are not listed in nonpartisan races.

d. Judges are simply appointed by the governor in nonpartisan races.

Type: essay/short answer question

Title: Chapter 10 Question 51, Objective 10.1

51) Explain the role of the judicial system in Texas.

Feedback:

The judicial system’s role is to interpret Texas laws in matters ranging from minor criminal offenses to interpreting the Texas Constitution.

Type: essay/short answer question

Title: Chapter 10 Question 52, Objective 10.1

52) What is “original jurisdiction”?

Feedback:

The court in which the case is first heard.

Type: essay/short answer question

Title: Chapter 10 Question 53, Objective 10.1

53) What is “appellate jurisdiction”?

Feedback:

The authority of a court to review a case first heard by a lower court.

Type: essay/short answer question

Title: Chapter 10 Question 54, Objective 10.1

54) Explain the components of a “criminal case.”

Feedback:

Criminal cases involve cases in which the government brings suit against the defendant for violating the law and in which the defendant must be proven guilty beyond a reasonable doubt.

Type: essay/short answer question

Title: Chapter 10 Question 55, Objective 10.1

55) Explain what the components of a “civil case” are.

Feedback:

Cases in which individuals, corporations, or the government bring suit against another party and must prove that the harm was done to them beyond a “preponderance of evidence.”

Type: essay/short answer question

Title: Chapter 10 Question 56, Objective 10.1

56) How does Texas compare to other states in the number of total trial courts we have in our state?

Feedback:

Texas ranks #1 in the total number of trial courts.

Type: essay/short answer question

Title: Chapter 10 Question 57, Objective 10.1

57) Explain the difference between a felony and a misdemeanor.

Feedback:

A felony is the highest criminal offense under state or federal law. A misdemeanor is a class of criminal offenses that are minor wrongdoings.

Type: essay/short answer question

Title: Chapter 10 Question 58, Objective 10.1

58) Explain “common law.”

Feedback:

Texas courts interpret law by relying on legal traditions—the Texas Constitution, legislation, and common law.

Common law is established when judges apply past decisions by courts—called legal precedents—to the facts of a new case before them.

Type: essay/short answer question

Title: Chapter 10 Question 59, Objective 10.2

59) Give an example of when you may use a municipal court.

Feedback:

If you dump something in violation of city ordinances or if you are caught with alcohol as a minor, you’ll end up in this court.

Municipal courts in Texas have original and exclusive jurisdiction over violations of city ordinances and over Class C misdemeanors, the lowest level of punishment severity of all misdemeanors.

Type: essay/short answer question

Title: Chapter 10 Question 60, Objective 10.2

60) What do state district courts handle?

Feedback:

District courts are trial courts that handle most major criminal and civil cases, including murder, drug trafficking, contested elections, and civil cases involving high amounts of monetary damages—any amount over $200.

The district courts are often the first rung on the ladder of the criminal justice system, so many criminal cases begin here.

Type: essay/short answer question

Title: Chapter 10 Question 61, Objective 10.1

61) Explain how judges interpret law in the state of Texas.

Feedback:

Texas courts interpret law by relying on legal traditions—the Texas Constitution, legislation, and common law.

These decisions then become binding as future courts consider similar cases.

In making these decisions, the judicial branch not only delivers justice, but it also acts as a check on the legislative and executive branches.

In their haste to make new laws and revise old laws in 140 days, the legislature often writes laws that are unclear, vague, misleading or, on occasion, unconstitutional. The Texas Supreme Court sorts out contradictions or clarifies legislative meaning.

The courts often take on political roles, acting to check or maintain legislative decisions by determining whether legislation is constitutional.

When state interests clash with business or citizens’ interests, the court’s job is often to sort out competing claims.

The courts in Texas are not expressly designed to promote popular sovereignty.

Type: essay/short answer question

Title: Chapter 10 Question 62, Objective 10.2

62) Describe the system of trial courts in the state of Texas.

Feedback:

Trial courts hear both criminal and civil cases. In these lowest level courts, witnesses are heard, evidence is presented in the form of exhibits, testimony is taken, and ultimately a verdict is passed down.

There are several levels of trial courts in Texas: local, county, and state trial courts. Each type of trial and appellate court hears different types of cases.

This includes local courts, such as municipal and justice courts, as well as county and district level courts.

Type: essay/short answer question

Title: Chapter 10 Question 63, Objective 10.3

63) Explain the appellate court system in the state of Texas.

Feedback:

The first (lowest) level of appeals courts are the courts of appeals organized into fourteen districts. These courts agreed to review only 10 percent of appealed cases in 2015. However, many of the courts of appeals cases involve mandatory review, primarily felony convictions in cases without the death penalty.

Each court of appeals has a chief justice and at least two other justices. When cases are heard, three justices hear the case, unless an en banc hearing is ordered where all of the justices of the court hear and consider the case. In each case, a determination is made by a majority of the justices.

Appellants have one court for criminal matters and one court for civil matters. This creates a dual structure where cases are sorted by the type of issue.

The Texas Court of Criminal Appeals makes final determinations in all criminal matters, including applying (or not) the death penalty.

The Texas Supreme Court deals primarily with civil matters and juvenile justice. The Texas Supreme Court can either order monetary or equitable relief (directing the losing party to do something or not do something).

Type: essay/short answer question

Title: Chapter 10 Question 64, Objective 10.4

64) What are some of the challenges that the judicial system faces in today’s environment?

Feedback:

The caseload facing the courts is large, with 9 million cases disposed over in 2018.

The length of time an individual’s case takes to work through the system is another measure of the efficiency of the judiciary system.

Low salaries may impact the ability of the state to attract quality judges.

Many argue that the wealthy are at an advantage in the court system.

Type: essay/short answer question

Title: Chapter 10 Question 65, Objective 10.5

65) Explain the process of judicial selection in Texas.

Feedback:

There are two ways to become a judge or justice in Texas: appointment or partisan election.

Election to office is the standard way that judges and justices are selected, and most obtain their seats in this manner.

If there is an unexpected vacancy on a court at the district court level or higher, the Texas Constitution allows the governor to make a temporary judicial appointment until the next general election, in which that individual would have to run as a candidate.

The justices (courts of appeals, Texas Court of Criminal Appeals, and Texas Supreme Court) are elected statewide to six-year terms, which are staggered so that not all of the justices are up for reelection at the same time.

Judges to lower-level trial courts are elected to four-year terms (or two for some municipal courts).

The frequency of the election of trial court judges holds them strongly accountable to the public to whom they must justify their legal rulings to get reelected.