front 5 Texas has a bifurcated court system at its highest level in which __________.
- federal cases are heard
by the Texas Supreme Court and state cases are heard by the Court of
Criminal Appeals
- the Texas Supreme Court has only original
jurisdiction and the Court of Criminal Appeals has only appellate
jurisdiction
- the Texas Supreme Court establishes and defines
misdemeanors and the Court of Criminal Appeals establishes and
defines felonies
- the Texas Supreme Court handles civil
cases and the Court of Criminal Appeals handles criminal cases
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front 6 Unlike federal judges, who are appointed by the president to life
terms, state judges in Texas, except for those on municipal courts,
are __________.
- appointed by the
governor for specific terms
- selected by the state
legislature for 10-year terms
- chosen by the Judicial
Selection Committee of the Texas Bar Association
- elected to
limited terms in partisan elections
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front 7 __________ typically handle cases concerning things such as traffic tickets.
- The county court-at-law
and municipal courts
- Municipal and statutory county
courts
- Justice of the peace and municipal courts
- District and appellate courts
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front 8 Most municipal courts and justice of the peace courts __________.
- are not courts of
record
- are presided over by judges appointed by the
governor
- have mostly appellate jurisdiction
- only
deal with civil cases
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front 9 Why did Texas create constitutional county courts?
- They were created by
the legislature over the years to supplement the statutory county
courts, in the process assuming responsibility over criminal
cases.
- They were created by the Texas Constitution to serve
the needs of the sparsely populated rural society that existed in
Texas then.
- 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.
- 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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front 10 Constitutional county courts __________.
- exist in approximately
40 percent of Texas counties
- are each led by a county judge
who is constitutionally required to be a lawyer
- were
established in the 1930s to cope with increasing regulatory
responsibilities coming from the federal government
- often
share some original jurisdiction in civil matters with justice of
the peace and district courts
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front 11 What characterizes statutory county courts?
- Judges on these courts
are selected by county commissioners.
- The constitution
establishes one statutory county court in each county.
- They
have inconsistent jurisdictions because each one was set up to deal
with specific local problems.
- 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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front 12 The primary trial court in Texas is the __________.
- court of appeals
- municipal court
- justice of the peace court
- district court
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front 13 A plea bargain results when the defendant negotiates __________.
- to testify against
individuals in exchange for charges against him or her being
dropped
- with the judge in a case to exercise pity in issuing
a sentence recommendation to the jury
- with prosecutors to
plead guilty in exchange for a lighter sentence than he or she might
receive if convicted in a trial
- with the governor to issue
a pardon of his or her convicted crime
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front 14 Intermediate courts of appeals __________.
- all have nine justices
that hear all the cases brought before the court
- are the
primary trial courts in Texas
- have original jurisdiction
over most civil disputes involving less than $50,000
- are
generally organized by geographical area of the state
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front 15 The framers of the Texas Constitution of 1876 created separate courts
of last resort for civil and criminal cases __________.
- to fragment political
power and decentralize the structure of government
- in an
effort to slow down the judicial process
- to follow the
example of the federal government and other states
- so they
would have more positions on the highest courts to which they could
be appointed
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front 16 What is the primary purpose of the Texas Supreme Court?
- to decide on civil and
criminal appeals and oversee the State Bar exam
- to decide
on the constitutionality of legislation produced by the
legislature
- to decide on civil appeals and develop
administrative procedures for state courts
- to handle cases
that involve the government and one or more parties
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front 17 Both the Texas Supreme Court and the Court of Criminal Appeals __________.
- have original
jurisdiction over any cases in which an elected official is a party
in the case
- have nine justices who are elected for six-year
staggered terms
- have all of their decisions automatically
reviewed by the U.S. Supreme Court
- handle both civil and
criminal cases
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front 18 In what way does the district attorney (DA) exercise considerable
power in the criminal justice process?
- 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.
- The
DA can postpone a criminal trial indefinitely at any time until the
state can bring enough evidence to get a conviction.
- The DA
decides which cases to take to a grand jury for an indictment and
whether to seek the maximum penalty for an offense.
- Not
only do DAs prosecute felonies, but they are also in charge of the
state prisons within their districts
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front 19
Grand juries __________.
- tend to overrepresent
minority interests
- make determinations on the innocence or
guilt of defendants
- must meet in public with an attorney
present for the accused
- are responsible for reviewing
evidence and deciding whether to indict individuals
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front 20 Petit juries __________.
- are responsible for
reviewing evidence and deciding whether to indict individuals
- are the juries for which most people are likely to be called on
to serve
- meet in private to consider information presented
them by a prosecuting attorney
- always have a minimum of 15
people
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front 21 Convicting a defendant on a felony charge in Texas __________.
- requires a unanimous
jury verdict
- requires the judge to agree with a jury’s
decision
- requires a preponderance of evidence of potential
guilt
- is most often the responsibility of grand juries
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front 22 Cases reach the Texas Supreme Court primarily on __________.
- petitions for
review
- writs of mandamus
- petitions for
acceptance
-
de novo writs
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front 23 The Texas Supreme Court __________.
- must hear all cases
appealed to it from lower courts
- holds oral arguments in
cases in private with only lawyers for the two sides allowed to be
present
- has significant discretion over what cases it will
consider
- will only hear an appeal from a lower court if all
justices on the court agree to hear the appeal
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front 24 When a case reaches an appellate court __________.
- judges and a jury start
a de novo trial
- the jury provides an opinion to
help the judges determine the innocence or guilt of a defendant
- judges can overturn the decisions of lower courts as long as
they get a majority vote from the original jurists to do so
- judges review the case to determine if the lower courts
conformed to constitutional and statutory law
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front 25 What is the purpose of writs of mandamus on which the Texas Supreme
Court sometimes acts?
- It is to remedy defects
in justice by ordering lower courts or public officials to take a
certain action.
- It offers an explanation as to why the
Court has decided not to hear a case appealed to it.
- They
are used to stop a case from being heard in a lower court and to
transfer it to a higher court.
- They are decrees ordering
the legislature to strike down unconstitutional laws.
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front 26 Most of the minorities who have served on the Texas Supreme Court and
the Court of Criminal Appeals __________.
- overwhelmingly won
statewide elections to gain their seats
- were originally
appointed by the governor to fill midterm vacancies
- were
selected by the Judicial Commission to follow affirmative action
policies
- have been Native Americans
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front 27 What effect did League of United Latin American Citizens et al.
v. Mattox et al. have on the Texas judicial system?
- The Court determined
that because minority voting power is diluted in statewide
elections, Texas had to divide the state into eight districts for
electing associate justices of the Texas Supreme Court and the Court
of Criminal Appeals.
- It required the governor to consider
race and ethnicity as a factor when appointing judges to
vacancies.
- Although the Court ruled against the minority
plaintiffs, the publicity of the case has led to the election of
Hispanics to high-level Texas courts in proportion to their share of
the state’s population.
- It resulted in little change, and
Texas judges for district courts in urban areas are still elected on
a countywide basis
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front 28 Prior to the 1970s, how did most justices interpret the law in Texas?
- 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.
- Most justices saw
themselves as defenders of the lower classes and were actively
involved in increasing the powers of the courts and setting
policy.
- Establishment justices viewed themselves as
strict constructionists who honored case law and legal precedent
while typically favoring corporations.
- Justices viewed
themselves as protectors of the common citizen and active promoters
of consumer interests
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front 29 Why did the Texas State Commission on Judicial Conduct publicly
sanction Texas Supreme Court Justices C. L. Ray and William Kilgarlin
in June 1987?
- They had assisted
several county officials, including two commissioners and a sheriff,
in covering up evidence from a whistle-blower case.
- 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.
- They were found to have
blackmailed several attorneys to misrepresent clients in cases where
it was feared the state would lose.
- They were found to have
solicited funds from attorneys and to have had improper contact with
attorneys practicing before the court.
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front 30 Texas Supreme Court Chief Justice John L. Hill resigned from the
court in 1988 to advocate for a merit selection plan that would __________.
- establish standardized
application procedures for individuals applying to serve as justices
on the court
- allow the governor to appoint justices to the
court who would then have to run in retention elections to keep
their seats
- give the Texas Bar Association the power to
approve or disapprove justices elected by the people
- provide the judiciary committees in the two chambers of the
legislature the authority to select justices
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front 31 In 1998, the Republican Party won __________ seats on the Texas
Supreme Court.
- the majority of
the
- all of the
- seven
- none of the
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front 32 Legislation enacted in 1987 aimed at bringing about tort reform
attempted __________.
- to put some limits on
personal injury lawsuits and damage judgments entered by the
courts
- to place limits on campaign contributions that could
be donated to judges by corporations
- to put limits on the
number of years a judge could serve in a particular court
- to increase the amount of transparency concerning the
appointment of judges in district courts
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front 33 In reports issued in 1999, 2008, and 2012, Texas Watch, a consumer
advocacy group, __________.
- found that the Texas
Supreme Court consistently ruled in favor of consumers over
business-related litigants
- argued that the continuation of
partisan elections for Texas Supreme Court justices was the only way
to ensure fairness in court rulings
- concluded that the
Republican justices on the Texas Supreme Court were as activist as
earlier Democratic justices, just with a different viewpoint
- found no relationship between campaign contributions and rulings
by the Texas Supreme Court
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front 34 What benefits are offered by a nonpartisan election system for
judges, which some advocate be used in Texas?
- It would move the
judiciary away from judicial activism and instead promote the
election of judges based on merit rather than their philosophy.
- 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.
- 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.
- 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
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front 35 If stricter limits were placed on campaign funds that judicial
candidates could raise from lawyers and special interests, which of
the following would be the most likely result?
- increasing public
awareness and the casting of more informed votes in judicial
races
- eliminating activist tendencies of elected judges
- increasing the probability of minorities winning judicial
elections
- improving public confidence in the impartiality of
the judiciary
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front 36 Under both the U.S. and Texas Constitutions, a person charged with a
crime is presumed __________.
- guilty until proven
innocent by an appointed attorney
- innocent until the state
can prove guilt beyond a reasonable doubt to a judge or jury
- innocent until the state can prove reasonable guilt to a judge
or jury
- guilty until the defendant convinces a jury of
innocence beyond a shadow of doubt
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front 37 Under the __________ ruling, police are required by the courts to
inform us of our rights.
- reasonable
suspicion
- full disclosure
- Miranda
- defendant
protection
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front 38 Following the completion of the Republican takeover of the Texas
Court of Criminal Appeals in 1998, that court __________.
- began ruling more
frequently in favor of prosecutors
- increased the rate at
which it overturned death sentences
- expanded its
jurisdiction to include civil cases involving claims of more than $1
million
- ruled that Texas’s method of execution in death
penalty cases must be changed from the electric chair to lethal
injection
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front 39 What was the result of the Texas Supreme Court ruling in the 1989
Edgewood school case?
- It ordered basic
changes in the financing of public K–12 education in order to
provide more equity between rich and poor school districts.
- It ruled that schools could pump as much water as they wanted
from wells located on school property.
- It ordered an
increase in hiring of minorities through a quota system that would
allow for greater diversity among school staff.
- 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.
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front 40 The Texas Supreme Court ruling in the 1998 Operation
Rescue-National v. Planned Parenthood of Houston and
Southeast Texas, Inc. __________.
- overturned the state
law prohibiting state funds from being used for medically necessary
abortions
- defined life as beginning at inception, thereby
making abortion subject to criminal prosecution as murder
- upheld restrictions of a lower court on demonstrations near
abortion clinics and the homes of doctors who performed
abortions
- overturned a series of restrictions ( including
“informed consent” and parental approval for minors) on abortions
enacted by the state legislature
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