TX GOVT-2306 Chapters 10 & 11

In Texas, the rules of criminal procedure are formulated by the Texas:

(A) governor.

(B) Legislature.

(C) Supreme Court.

(D) Court of Criminal Appeals.

(B) Legislature.

The highest court in Texas in which a criminal case can be considered is the:

(A) district court.

(B) court of appeals.

(C) court of criminal appeal.

(D) supreme court.

(C) court of criminal appeal.

The state can be involved in:

(A) criminal cases.

(B) civil cases.

(C) both civil and criminal cases.

(D) only those specified in the Article I of the Texas Constitution.

(C) both civil and criminal cases.

The type of case which is initiated by a prosecutor on behalf of the public is:

(A) criminal.

(B) civil.

(C) only a misdemeanor.

(D) only allowed for capital crimes.

(A) criminal.

Original jurisdiction is:

(A) the first time the defendant sees a magistrate.

(B) The power to try a case for the first time.

(C) the rule of law which determines the legality of an arrest.

(D) non of the above.

(B) The power to try a case for the first time.

Appellate jurisdiction is:

(A) a review of the law as it was applied in the trial.

(B) a special procedure for proving someone innocent in a higher court.

(C) a violation of the prohibition against double jeopardy.

(D) none of the above.

(A) a review of the law as it was applied in the trial.

The state court which is the highest court in civil matters in Texas is the:

(A) Supreme Court.

(B) Court of Appeals.

(C) Court of Criminal Appeals.

(D) none of the above.

(A) Supreme Court

The Texas Constitution provides that justices of the Supreme Court are to be:

(A) appointed by the Governor for six year terms.

(B) appointed by the Governor and the Attorney General.

(C) elected.

(D) selected by the "Missouri Plan."

(C) elected.

In Texas the Court that issues advisory opinions is the:

(A) Supreme Court.

(B) Court of Appeals.

(C) Court of Criminal Appeals.

(D) none of the above.

(D) none of the above.

Texas' highest court in criminal matters is the:

(A) Supreme Court

(B) Court of Appeals

(C) Court of Criminal Appeals

(D) none of the above.

(C) Court of Criminal Appeals

Of the following, the court which hears only civil matters is the:

(A) district court.

(B) county court.

(C) justice of the peace.

(D) none of the above.

(D) none of the above

Of the following, which court is not required to have an attorney as its presiding judge?

(A) district court.

(B) county court.

(C) county court-at-law

(D) none of the above.

(B) county court

The function of the Justice of the Peace is to:

(A) hear minor civil and criminal cases.

(B) serve as a notary public.

(C) perform marriages.

(D) all of the above.

(D) all of the above

De novo means:

(A) the same thing as an appeal.

(B) a complete new trial.

(C) court of record.

(D) reversal of a district court decision.

(B) a complete new trial.

The trial jury is the:

(A) grand jury.

(B) petit jury.

(C) venue.

(D) none of the above.

(B) petit jury.

An order from a higher court to a lower court to send up the record of a case is a writ of:

(A) injunction.

(B) mandamus.

(C) quo warranto.

(D) certiorari.

(D) certiorari.

Which of the following courts have both appellate and original jurisdiction?

(A) municipal.

(B) county.

(C) court of appeals.

(D) criminal appeals.

(B) county.

The expression stare decisis refers to legal argument by:

(A) analogy.

(B) logic

(C) habeas corpus.

(D) precedent.

(D) precedent.

Action for divorce must be instituted in:

(A) justice of the peace court.

(B) municipal court.

(C) county court.

(D) district court.

(D) district court.

A hung jury results when jurors are

(A) found guilty of accepting bribes and are put to death by hanging.

(B) dismissed by the judge for cause.

(C) unable to reach a verdict.

(D) charged by the judge to hand together until a verdict is reached.

(C) unable to reach a verdict.

A justice of the peace does which of the following:

(A) preside over the commissioner's court.

(B) serve as a lawyer without legal training.

(C) grant divorces.

(D) perform marriages.

(D) perform marriages.

Number of judges on the Supreme Court:

(A) 3

(B) 4

(C) 5

(D) 6

(E) 9

(E) 9

Failure on the part of a grand jury to return an indictment is called:

(A) a true bill.

(B) a no bill.

(C) an information

(D) a misdemeanor

(B) a no bill.

A revocation of a sentence is termed a:

(A) pardon

(B) reprieve.

(C) commutation.

(D) rendition.

(A) pardon.

A postponement of a sentence is termed a:

(A) commutation.

(B) reprieve.

(C) pardon

(D) rendition

(B) reprieve

When judges are elected in at-large elections:

(A) Republicans have the advantage over Democrats.

(B) Anglos have the advantage over minorities.

(C) African-Americans, but not Hispanics, have the advantage over Anglos.

(D) Independents have the advantage over either Democrats or Republicans.

(B) Anglos have the advantage over minorities.

In which of the following are juries never used:

(A) Municipal court.

(B) Justice of the peace court.

(C) Texas Supreme Court

(D) State district court

(C) Texas Supreme Court

Prison reform in Texas has been mandated by:

(A) the liberal policies of Governor Clements.

(B) a federal court order.

(C) the pressure of conservative lawmakers.

(D) policies of the Reagan administration.

(B) a federal court order.

Some county courts have been designated as probate courts. What material is handling in a probate court?

(A) Decisions on whether or not a juvenile should receive probation.

(B) Decisions on whether or not an adult should receive probation.

(C) Decisions on wills.

(D) Decisions on whether the recommendation from the Pardons and Paroles Divisions should be upheld.

(C) Decisions on wills.

You are driving in downtown Austin and receive a citation from a police officer for running a red light and for speeding. In which court would your case originate?

(A) County court

(B) County court at law.

(C) Municipal court.

(D) District court.

(C) Municipal court.

You have been convicted of a capital felony and have been sentenced to death. They next step in the appeal process is to:

(A) appeal to the governor for a pardon.

(B) appeal the Texas Supreme Court.

(C) appeal to the court of criminal appeals.

(D) appeal to a court of appeals.

(C) appeal to the court of criminal appeals.

A panel that meets in private to hear evidence presented by prosecutors and decide whether to issue criminal indictments is a:

(A) grand jury.

(B) capital jury.

(C) district jury.

(D) petit jury.

(A) grand jury.

A panel that hears evidence in a civil or criminal trail and decides the case, is a:

(A) grand jury.

(B) capital jury.

(C) district jury.

(D) petit jury.

(D) petit jury.

All state judges, except those on municipal court benches, are

(A) appointed by the governor.

(B) elected in nonpartisan elections.

(C) elected in partisan elections.

(D) appointed by a judicial selection commission.

(C) elected in partisan elections.

If you contest a speeding ticket, your case will be tried in a:

(A) county court.

(B) municipal court or justice of the peace court.

(C) county court or court of appeals.

(D) district courts or justice of the peace court.

(A) county court.

What is a plea bargain?

(A) an out of court settlement of a personal injury lawsuit.

(B) a plea of "not guilty" to a criminal charge.

(C) a guilty plea by a criminal defendant in exchange for a guarantee that he will be placed on probation and not sent to prison.

(D) a guilty plea by a criminal defendant in exchange for a prosecutor's recommendation that he get a lesser sentence that he could expect to receive if convicted in a trial.

(D) a guilty plea by a criminal defendant in exchange for a prosecutor's recommendation that he get a lesser sentence that he could expect to receive if convicted in a trial.

Which would not likely be tried as a civil lawsuit?

(A) a dispute over an employment contract.

(B) a complaint about false advertising.

(C) injuries suffered from a fall on a wet floor in a restaurant.

(D) the theft of an automobile.

(D) the theft of an automobile.

A person who files a civil lawsuit against another party is called a:

(A) plaintiff

(B) defendant

(C) prosecutor

(D) juror

(A) plaintiff.

A jury can return a guilty verdict in a criminal case if:

(A) a majority of jurors agree the defendant is guilty beyond a reasonable doubt.

(B) three-fourths of the jurors agree the defendant is guilty beyond a reasonable doubt.

(C) all jurors agree the defendant is guilty beyond a reasonable doubt.

(D) a majority of jurors have no doubt whatsoever the defendant is guilty.

(C) all jurors agree the defendant is guilty beyond a reasonable doubt.

The judicial power of the governor of Texas extends to:

(A) appointing all state appellate court judges.

(B) appointing all state trial court judges.

(C) filling a vacancy at the state appellate court.

(D) granting one 60-day stay of execution.

(C) filling a vacancy at the state appellate court.

Municipal courts have jurisdiction over:

(A) class S misdemeanors that are violations of federal law committed within the city limits.

(B) violations of city ordinances.

(C) traffic violations outside the city.

(D) third-degree felonies committed within the city limits.

(B) violations of city ordinances.

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

the state?

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.

b. Texas has the most trial courts.

The process by which there is official recognition and registration of the validity of the last will

and testimony of a person is called

a. an appeal.

b. a first hearing.

c. probate.

d. a final judgment.

c. probate.

If you dump something in violation of city ordinances or if you are caught with alcohol as a

minor, you’ll end up in

a. the Supreme Court.

b. county court.

c. district court.

d. municipal court

d. municipal court.

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

a. Court of Appeals.

b. Texas Supreme Court.

c. County Constitutional Court.

d. Court of Civil Appeals.

b. Texas Supreme Court.

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

sitting

a. en masse.

b. en banc.

c. together.

d. in full.

b. en banc.

Nearly all judges in Texas are chosen by

a. partisan elections.

b. gubernatorial selection.

c. merit selection.

d. nonpartisan elections

a. partisan elections.