The Court System In Texas Verified Test Bank Chapter 5

Chapter 5

The Court System in Texas

MULTIPLE CHOICE

1. Most court cases in Texas deal with

a. criminal complaints.

b. policy questions.

c. controversies between individuals.

d. hypothetical complaints and other questions of law.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Court Decision Making

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. Why does the U.S. have a dual court system?

a. the existence of both Spanish law and English law from the colonial era

b. the federal system of government

c. Article I of the U.S. Constitution

d. the legal principle of stare decisis

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Federalism

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

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

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Court Decision Making

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. If a court makes a ruling based on a previous ruling from another court, this is an example of the principle of:
   1. Policy diffusion
   2. Objectivity
   3. Prior restraint
   4. Stare decisis

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Court Decision Making

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. The strict procedural rules that govern courts:
   1. Limit access to the courts
   2. Might disallow evidence gathered in an illegal manner
   3. Allow other states to introduce policy questions
   4. Allow them to initiate policies

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Court Decision Making

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. Judges must base their decisions only on the federal and state constitutions, statutes, and earlier court decisions. This concept is called:
   1. Stare basis
   2. Originality
   3. Objectivity
   4. Procedurism

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Court Decision Making

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. What is the most important difference between trial and appellate courts?

a. deciding points of fact versus points of law

b. the level of citizen participation

c. the number of judges

d. jurisdiction

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Trial and Appellate Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. In Texas, appellate courts:
   1. Decide whether procedure was followed
   2. Determine guilt or innocence
   3. Depend on high levels of citizen participation
   4. Are local and limited

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. Justices of the peace (JP courts) in Texas can do all of the following EXCEPT

a. issue arrest warrants.

b. serve as small claims courts.

c. hear criminal misdemeanor cases.

d. hear traffic ticket appeals.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government.

1. A justice of the peace court is a/an:
   1. Appellate court
   2. Trial court
   3. Magistrate court
   4. District court

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. What are the two kinds of county courts?

a. constitutional county courts and county courts at law

b. trial courts and appellate courts

c. misdemeanor courts and felony courts

d. primary and secondary jurisdiction courts

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

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

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. In most states, which courts hear major criminal and civil cases?

a. district courts

b. major trial courts

c. superior courts

d. All these answers are correct.

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. A murder case would most likely first be tried in a/an:
   1. District court
   2. County court
   3. Appellate court
   4. Magistrate court

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. In Texas, criminal appeals involving the death penalty are heard by

a. the Court of Appeals.

b. superior courts.

c. the Court of Criminal Appeals.

d. district courts.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. What is the highest court for criminal cases in Texas?

a. the Court of Appeals

b. the Texas Supreme Court

c. the Court of Criminal Appeals

d. both the Texas Supreme Court and the Court of Criminal Appeals

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Structure of State Courts

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The merit system used to identify and select judges is also known as

a. the Missouri system.

b. retention election.

c. the partisan election system.

d. the gubernatorial appointment system.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The highest number of states courts use this method for selecting judges:

a. a merit plan.

b. partisan election.

c. nonpartisan election.

d. appointment by the governor.

Critical Thinking: Knowledge

Difficulty: 2

Text Answer Hint: Judicial Selection

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Across all fifty states, the most common method for selecting trial court judges is:
   1. Legislative elections
   2. Appointment by governor
   3. Partisan elections
   4. Nonpartisan elections

Critical Thinking: Knowledge

Difficulty: 2

Text Answer Hint: Judicial Selection

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

Figure 5.2 – Method of Selecting State Judges

1. According to Figure 5.2, what is the most common way of selecting Appellate court judges?
   1. Partisaon election
   2. Appointment by governor
   3. Legislative election
   4. Merit plan

Critical Thinking: Analysis

Difficulty: 2

Text Answer Hint: Judicial Selection

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The lowest number of states select judges through

a. a merit plan.

b. legislative appointment.

c. nonpartisan election.

d. appointment by the governor.

Critical Thinking: Knowledge

Difficulty: 2

Text Answer Hint: Judicial Selection

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. How are supreme court judges selected in Texas?

a. the Missouri system

b. retention election

c. partisan election

d. gubernatorial appointment

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. How are trial court judges selected in Texas?

a. the Missouri system

b. retention election

c. partisan election

d. gubernatorial appointment

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Most voters go to the election booth with scant knowledge about the qualifications of judicial candidates, and they often end up voting

a. on advice from a trusted family friend.

b. for the first name in a list of candidates.

c. by name familiarity.

d. only on issues that they are familiar with, skipping the judicial candidates.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. What is the primary attribute voters use to select judges?
   1. Name familiarity
   2. Gender
   3. Partisan affiliation
   4. Previous employment

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Judges appointed by governors are typically:
   1. More responsive and more competent
   2. More competent and less responsive
   3. More independent and more responsive
   4. Less independent and less responsive

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. In merit systems, appointed judges rarely lose retention elections because:
   1. The appointed judge does not run against an opponent
   2. Interest groups are prohibited from campaigning against them
   3. They occur so rarely that voters typically aren’t aware they are happening
   4. The appointed judge only needs 33% of the vote to stay in office

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. In 1984, many incumbent Democratic judges lost their seats in large urban counties to unknown Republican challengers because of

a. straight ticket voting.

b. the move toward two-party competitiveness.

c. gerrymandering.

d. the cyclical off-year election trend.

Critical Thinking: Knowledge

Difficulty: 2

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

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

a. 0

b. 1

c. 2

d. 3

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. All Texas judges are selected by partisan elections EXCEPT:
   1. Supreme court judges
   2. Trial court judges
   3. Appellate court judges
   4. Municipal judges

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The ________ Amendment guarantees citizens in each state due process and equal protection of the law regardless of race, ethnicity, or gender.

a. First

b. Fifth

c. Twelfth

d. Fourteenth

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The highest percentage of Texas inmates are

a. white.

b. black.

c. Hispanic.

d. Native American.

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Which method of judicial selection leads to the highest degree of judicial responsiveness?

a. appointment by governor

b. merit/Missouri method

c. nonpartisan election

d. appointment by governor

Critical Thinking: Analysis

Difficulty: 3

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Which method of judicial selection leads to the lowest level of judicial competence?

a. appointment by governor

b. merit/Missouri method

c. election by legislature

d. partisan election

Critical Thinking: Analysis

Difficulty: 3

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Which method of judicial selection leads to the lowest degree of judicial independence?

a. appointment by governor

b. merit/Missouri method

c. election by legislature

d. partisan election

Critical Thinking: Analysis

Difficulty: 3

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. All of the following are concerns about Texas judicial selections EXCEPT:
   1. Straight ticket voting can give Republican judges an advantage
   2. Vacancies from death or resignation require expensive special elections
   3. Voters often choose based on familiarity rather than qualifications
   4. The need for campaign donations might impact judicial impartiality

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The Frontline program entitled “Justice for Sale” highlighted how justices on Texas’ supreme court had received:
   1. Almost a $1 million in donations
   2. Between $3 million and $4 million in donations
   3. More than $9 million in donations
   4. Approximately $475,000 in donations

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. According to a 2006 Texans for Public Justice study, the Texas Supreme Court
   1. is no more likely to hear cases filed by large contributors.
   2. is more than 7 times as likely to hear cases filed by large contributors.
   3. is about twice as likely to hear cases filed by large contributors.
   4. is less likely to hear cases filed by large contributors.

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. As of 2016, what percentage of all Texas judges are female?
   1. 34%
   2. 44%
   3. 24%
   4. 54%

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. As of 2015, ______ of Texans identify as Hispanic or Latino while _______ of all judges in the state identify as Hispanic.
   1. 43.5%; 43.5%
   2. 15%; 43.5%
   3. 43.5%; 15%
   4. 23%; 15%

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Of the following, who is most likely to be appointed to his or her initial seat on the court in Texas?

a. a supreme court justice

b. a district court judge

c. the justice of the peace

d. a municipal court judge

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: The “Appointive-Elective” System in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Which method of judicial selection is a system left over from colonial America?

a. partisan election

b. election by the legislature

c. appointment by the governor

d. nonpartisan election

Critical Thinking: Knowledge

Difficulty: 3

Text Answer Hint: Judicial Selection: Is There a Best System?

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Which method for removing judges for misconduct is used by the fewest states?

a. impeachment

b. recall elections

c. removal by the governor after a hearing

d. removal by the legislature

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: Removing and Disciplining Judges

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Texas uses ________ to review the facts and decide whether enough evidence exists to try cases.

a. Article 32 hearings

b. grand juries

c. administrative hearings

d. both grand juries and administrative hearings

Critical Thinking: Knowledge

Difficulty: 2

Text Answer Hint: The Legal System

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. The Texas Government Code allows jurisdictions to draw upon which source(s) for jury selection?

a. registered voters only

b. licensed drivers only

c. jury pool volunteers only

d. both registered voters and licensed drivers

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Legal System

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. Why do political candidates often use the “tough on criminals” campaign strategy?

a. Polls have indicated that crime is the number-one issue with voters.

b. It is a safe issue that offends few voters.

c. They tend to take the “if it bleeds, it leads” approach.

d. None of these answers is correct.

Critical Thinking: Comprehension

Difficulty: 2

Text Answer Hint: Crime and Punishment in Texas

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

1. In 2014, Texas’s incarceration rate was _____ in the nation.

a. the highest

b. fifth highest

c. fourteenth highest

d. thirty-first highest

Critical Thinking: Knowledge

Difficulty: 1

Text Answer Hint: The Effect of Punishment on Crime Rates

Topic: The Court System in Texas

Texas LO-4. Demonstrate knowledge of the legislative, executive, and judicial branches of Texas government

ESSAY

1. Discuss the two kinds of state courts and four principle ways they differ from each other.
2. Which Texas courts can hear appeals, and what types of appeals do they hear?
3. Discuss how the partisan judicial election system could contribute to a judiciary that is more responsive to concerns of large corporations and law firms versus those of the common citizen.
4. Examine the Texas partisan judicial elective system and why it might be better called an “appointive-elective” system.
5. What factors often hinder the selection of the best possible judges in Texas? How could the judicial selection process be reformed to mitigate these factors?
6. In what ways can Texas judges be disciplined or removed from office, and for what reasons?
7. What are the two types of juries? Explain each, how they function, and how the jury pool is formed.