Which of the following would not be considered a judicial matter?
Creation of a budget for the state courts.
Which of the following statements about the Texas judicial system is incorrect?
Texas courts dealt with over 24 million cases in 2009, or an average of one case for every resident of the state.
Which of the following is not true about civil cases?
There are tougher rules of procedure to balance or weigh the evidence.
A criminal case does not involve
cases that deal primarily with individual or property rights.
To prove a defendant guilty in a criminal case, the state must provide
sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt.
One of the most important distinctions between civil and criminal cases involves the issue of
burden of proof
The burden of proof standard used in civil cases is
preponderance of evidence
A court that hears a case for the first time has what type of jurisdiction?
original
Original jurisdiction of a court involves all of the following except
a review of the record.
Courts with appellate jurisdiction
have the responsibility to review the decisions of a lower court.
Appellate proceedings are based on
review of law as applied in the original court.
Which of the following statements about legal briefs is incorrect?
A brief is a written argument prepared by a judge.
___________ is the constitutional protection that the state cannot prosecute a person twice for the same offense.
double jeopardy
Which of the following courts is included in a city's charter?
municipal
Which court has exclusive jurisdiction to try violations of city ordinances?
municipal
The vast majority of cases heard by municipal courts involve
traffic and parking violations
A ___________ trial is a new trial conducted in a higher court (as opposed to an appeal).
de novo
The justice of the peace courts are authorized by
the texas constitution
Duties of the justice of the peace may include all of the following except
civil cases where the dispute involves less than $100,000.
The only constitutional qualification to become a justice of the peace is
being a practicing attorney
Texas has how many county courts?
254
The Texas Constitution requires that the county judge be elected by voters for a four year term and be
well informed in the law of the state.
County courts-at-law have jurisdiction for all of the following except
.civil jurisdiction involving cases over $100,000.
Which courts are often described as the chief trial courts of the state?
district
Which of the following is not a qualification to become a district court judge?
must be a resident of Texas for 10 years
District court jurisdiction extends to all of the following except
original jurisdiction for traffic cases.
Negotiations between the prosecution and the defense to obtain a lighter sentence or other benefits is known as
plea bargaining
Which of the following statements about court of appeals judges is incorrect?
They must have lived in their district five years prior to the election.
The Texas Court of Criminal Appeals has one presiding judge and ___ judges?
eight
Which of the following is not an original jurisdiction of the Texas Supreme Court?
death penalty cases
In 2009 the court of criminal appeals judges issued more than 76% of which type of opinions?
determinative
Which court has exclusive jurisdiction over automatic appeals in death penalty cases?
court of criminal appeals
Which of the following statements about execution in Texas is correct?
Texas has executed far more individuals than any other state
The duties of the Texas Supreme Court involve all of the following except
death penalty matters
The Supreme Court consists of one chief justice and ___ associate justices.
eight
The majority of the cases heard by the Texas Supreme Court are from a
petition for review
Grand juries in Texas have how many members?
twelve
An alternative to a grand jury indictment is _______, which is used for minor offenses.
an information
The purpose of a grand jury is to
determine if there is sufficient evidence to bring to an accused trial.
Which of the following statements about indictments in Texas is incorrect?
The vote of all of the twelve grand jurors is needed to indict.
Which of the following statements about grand jurors is incorrect?
The accused can have an attorney in the room during questioning.
Some Texas grand jurors are selected by which method?
a grand jury commission
When an individual is not indicted by a grand jury, a _________ is issued.
no bill
Trial by jury in criminal cases is a right guaranteed by the Texas Constitution and which of the amendments to the U.S. Constitution?
6th amendment
Which of the following statements about petit (trial) juries is correct?
County courts have six-person juries, whereas there are twelve people on juries at the district court level.
Which method is used to select a jury panel?
driver's license list
Under Texas law, who of the following are not automatically exempt for jury service
college professors
When a perspective juror is dismissed with a reason acceptable to the judge in the case, it is called a
Challenge for cause
The only limitations of a peremptory challenge occurs when the judge believes that prospective jurors are being eliminated solely because of their
race or sex
Which of the following occurs when a jury is unable to agree on a verdict after a suitable period of deliberation?
hung jury
The merit plan for selecting judges is sometimes referred to as the
Missouri plan
Texas officially uses which method to select state judges?
partisan election
Since voters know so little about judicial candidates, they may use which of the following as a cue to determine how to vote?
party identification
Most states use the __________ system to select their judges.
partisan election
Which of the following is not a criticism of the Texas method of selecting judges?
Too much advantage is given to incumbency
In the case of _________________ the United States Supreme Court upheld disclosure requirements for corporate campaign contributions but removed many financial restrictions on those contributions.
Citizens United v. Federal Election Commission
Which of the following statements about minorities and the state judicial system is correct?
The system continues to be harshly criticized by representatives of minority groups.
According to Brent Boyea, with the rising costs of judicial elections, the public in states with elective courts are
strongly in favor of their elective system.
According to Brent Boyea the conservative, pro-business preferences among Texas judges are influenced by
judicial elections.