Chapter 10 Flashcards
What would not be considered a judicial matter?
Creation of a budget for the state courts
What is not an example of a civil suit?
Arson
What is not an example of a criminal case?
Breach - of - contract
What is an incorrect statement about the Texas judicial system?
Texas courts dealt with over 24 million cases in 2011, or an average of one case for every resident of the state
What is not true about civil cases?
There are tougher rules of procedure to balance or weigh the evidence
What does a criminal case not involve?
Cases that deal primarily with individual or property rights
What must the state provide in order to prove a defendant guilty in a criminal case?
Sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt
What is one of the most important issue distinctions between civil and criminal cases?
Burden of proof
The burden of proof standard used in civil cases is..
A preponderance of evidence
What is the duty of a party in a court case to prove its position called?
Burden of proof
What is the power to try a case being heard for the first time?
Original jurisdiction
What does original jurisdiction of a court not involve?
A review of the record
What refers to the power of an appellate court to review the decisions of a lower court?
Appellate jurisdiction
What are appellate proceedings based on?
Review of law as applied in the original court
What is an incorrect statement about legal briefs?
A brief is a written argument prepared by a judge
What is a second prosecution for the same offense after acquittal in the first trial called?
Double jeopardy
What court is included in a city’s charter?
Municipal
Municipal courts have exclusive jurisdiction over everything except what?
Does include jail sentence
Which court has exclusive jurisdiction to try violations of city ordinances?
Municipal
Which branch of government authorizes city governments to determine whether their municipal courts are courts of record?
State legislature
What does the vast majority of cases heard by municipal courts involve?
Traffic and parking violations
What kind of a trial is a new trial conducted in higher court?
De novo
Public confidence in municipal courts is…
Low
What is the justice of the peace courts authorized by?
The Texas Constitution
How many years is a term for justice of peace?
Four
What does of duties of the justice of the peace not include?
Civil cases where the dispute involves less than $100,000
What is the only constitutional qualification to become a justice of the peace?
Being a registered voter
Texas has how many county courts?
254
The Texas Constitution requires that the county judge be elected by voters for a 4 year term and what else?
Be well informed in the law of the state
What do county courts at law not have jurisdiction of?
Civil jurisdiction involving cases over $100,000
District courts are often described as the what of the state?
Chief trial courts
How many district courts function as single judge courts?
456
What is not a qualifications to become a district court judge?
Must be a resident of Texas for 10 years
What does district court jurisdiction not extend to?
Original jurisdiction for traffic cases
What refers to a situation in with the prosecutor and defense attorney negotiate an agreement whereby the accused pleads guilty to a less serious crime than originally charged or in return for a reduction in the sentence to be served?
Plea bargaining
How many courts of appeals does Texas have?
14
What is an incorrect statement about court of appeals judges?
They must have lived in their district five years prior to the election
What kind of courts of last resort does Texas have?
Dual
How many other judges besides the presiding judge in the Texas Court of Criminal Appeals?
8
Which court has exclusive jurisdiction over automatic appeals in death penalty cases?
Court od Criminal Appeals
How many people has Texas executed since 1976 as of January 2012?
478
What is a correct statement about execution in Texas?
Texas has executed far more individuals than any other state
Which Texas Court of Criminal Appeals judge refused to take Michael Richards, a death tow inmate, appeal after 5PM?
Sharon Keller
What is not an original jurisdiction of the Texas Supreme Court?
Ruling in death penalty cases
The Supreme Court consists of one chief justice and how many associate justices?
8
Where are the majority of cases heard by the Texas Supreme Court from?
Petition for review
In 1989, in which court case did the Texas Supreme Court unanimously declare that the huge disparities between rich and poor school districts were unacceptable and ordered changes in a financing of Texas’s public schools?
Edgewood v. Kirby
How many member serve in the Grand Juries in Texas?
12
What is an alternative to a grand jury indictment which is used for minor offenses?
The information
What is the purpose of a grand jury?
Determine if there is sufficient evidence to bring the accused to trial
What is an incorrect statement about indictments in Texas?
The vote of all of the 12 grand jurors is needed to indict
What is an incorrect statement about grand jurors?
The accused can have an attorney in the room during question
Some Texas grand jurors are selected by which method?
A grand jury commission
What is issued when an individual is not indicted by a grand jury?
No bill
What is it called when grand juries consider matters independent of the district attorney’s recommendation?
“runaway” grand juries
Trial by jury in criminal cases is a right guaranteed by the Texas Constitution and which of the amendments to the US Constitution?
Sixth Amendment
What is a correct statement about petit (trial) juries?
County courts have six person juries, whereas there are twelve people on juries at the district court level
What occurs when a jury is unable to agree on a verdict after a suitable period of deliberation?
Hung Jury
What is the merit for selecting judges sometimes referred to as?
Missouri plan
Texas officially uses which methods to select state judges?
Partisan election
What system do most state use to select their judges?
Merit
What is not a criticism of the Texas method of selecting judges?
Judges elections are nonpartisan
In what case did 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
What is a correct statement about minorities and the state judicial system?
The system continues to be harshly criticized by representatives of minority groups
According to Brent Boyea, what are pro business preferences among Texas judges influenced by?
Judicial elections, public opinion, and campaign laws
