Level 2 Part C flash cards

Question 1

Defendants under the age of 17 may request to take a driving safety course (DSC) through the mail.

Answer 1

False

Question 2

In order to participate in a teen court program, the program must be approved by the court

Answer 2

True

Question 3

Defendants under the age of 17 charged with a traffic offense may request to take a teen court program.

Answer 3

True

Question 4

Cities may contract with the Department of Human Resources for early youth intervention services

Answer 4

True

Question 5

Early youth intervention services are for families who are in at-risk situations.

Answer 5

True

Question 6

If a parent fails to comply with additional sanctions, the court may find the parent in contempt

Answer 6

True

Question 7

When a child fails to fulfill the requirements of an additional Sanction, the court enforces the order by taking the child into custody.

Answer 7

False

Question 8

When the court requires parents to attend a special program with their child , the court may require the parents to pay an amount not greater than $100 for the program.

Answer 8

True

Question 9

A court may order additional rehabilitative sanctions under Article 45.057, C.C.P., for all class C misdemeanors.

Answer 9

True

Question 10

If a defendant under the age of 17 fails to submit evidence of completing a driving safety course, the court may allow the defendant to appear at the show cause hearing without a parent.

Answer 10

False

Question 11

A person under the age of 17 who requests deferred disposition must make a personal appearance in open court with a parent or guardian.

Answer 11

True

Question 12

Courts are required to report to the juvenile court the filing and disposition of non-traffic offenses.

Answer 12

True

Question 13

When a defendant under the age of 17 fails to appear for a traffic offense, the court must notify DPS of the failure.

Answer 13

True

Question 14

If a defendant under the age of 17 fails to pay a fine or violates a court order, the court may order DPS to suspend or deny issuance of a driver’s license after finding the defendant in contempt.

Answer 14

True

Question 15

Municipal courts must report to the DPS convictions and orders for deferred disposition for all Alcoholic Beverage Code offense in which minors are charged.

Answer 15

True

Question 16

Municipal courts may, but are not required to, order DPS to suspend or deny issuance of a driver’s license when a defendant fails to complete an alcoholic or drug awareness course or an e-cigarette and tobacco awareness course.

Answer 16

False

Question 17

Municipal courts may have to report Alcoholic Beverage Code convictions to the Texas Commission on Alcoholic and Drug Abuse if the Commission requests the report.

Answer 17

True

Question 18

After a juvenile defendant fails to pay a fine, the court may just wait until the person turns age 17 and then issue a capias pro fine

Answer 18

True

Question 19

An individual may apply to the municipal court to expunge only one conviction for a tobacco offense

Answer 19

False ( defendant can apply for multiple expungements but offense must be convictions to be eligible) can apply once they reach 21 years of age.

Question 20

The Health and Safety Code contains special handling provisions for individuals under the age of 17.

Answer 20

False

Question 21

The court may never waive the presence of the parents

Answer 21

False

Question 22

Judges may not require defendants under the age of 17 to perform community service because of the risk of injury.

Answer 22

False

Question 23

If a peace officer takes a person into custody for the office of failure to attend school, the officer must promptly notify the person’s parent.

Answer 23

True

Question 24

A juvenile processing office may not be used as a place of nonsecure custody.

Answer 24

False

Question 25

A peace officer who takes a person under the age of 17 into custody for a fine- only offense may take the person to a place of no secure custody.

Answer 25

True

Question 26

When a defendant under the age of 17 commits conduct constituting contempt, but the court could not conduct a contempt hearing before the defendant turned age 17, the court has lost authority to do anything with that defendant.

Answer 26

False

Question 27

If the court orders the suspension of the driver’s license, the court may not order the defendant to pay a fine for contempt.

Answer 27

False

Question 28

If a court retains jurisdiction over a juvenile whose conduct constitutes contempt, the court may order department of public safety to suspend or deny issuance of a drivers license.

Answer 28

True

Question 29

If a child defendant fails to obey a court order under circumstances that would constitute contempt, the court must give the child notice of a hearing.

Answer 29

True

Question 30

If a 17 year old defendant is arrested after failing to respond to a notice to appear, the court may not handle the charges that occurred when the defendant was under the age of 17

Answer 30

False

Question 31

A notice about a defendant’s obligation to appear issued to a defendant who turns age 17 may be served by a court clerk.

Answer 31

False

Question 32

The court should notify the parents of their obligation to provide the court with the current address and residence of a child.

Answer 32

True

Question 33

Judges should determine the sophistication and maturity of a juvenile at the time of appearance of the juvenile in court.

Answer 33

True

Question 34

Whenever a person under the age of 17 is charged with an offense in a municipal courts the court must summon the parent, managing conservator, or custodian.

Answer 34

True

Question 35

A statement of a person under the age of 17 must be recorded by a recording device such as a video camera.

Answer 35

True

Question 36

When a child signs a statement after waiving his or her right to remain silent, the magistrate must allow a law-enforcement officer to be present only if the magistrate determines that the officers presence is necessary for safety reasons.

Answer 36

True

Question 37

Municipal judges are magistrates.

Answer 37

True

Question 38

Persons charged with the former office of failure to attend school do not have a right to have a conviction expunged.

Answer 38

False

Question 39

A school district is required to take preventative measures before referring a student to truancy court.

Answer 39

True

Question 40

A school district is required to take preventative measures before referring a student to truancy court.

Answer 40

True

Question 41

A child a least 17 years of age attending a course of instruction to obtain a GED is exempt from attending school.

Answer 41

True

Question 42

A child who is attending a private or parochial school is exempt from attending public school.

Answer 42

True

Question 43

Defend and must complete a e-cigarette and tobacco awareness program within 90 days of having the execution of the sentence suspended.

Answer 43

True

Question 44

If a court dismisses a first-time tobacco offense it may still be used to enhance a subsequent offense.

Answer 44

True

Question 45

When a defendant completes an E-cigarette and tobacco awareness program for a first time offense and present evidence of completion to the court, the court may, but it’s not required to, dismiss the case.

Answer 45

False

Question 46

The court must order an individual converting to be first time tobacco office to attend an E cigarette and tobacco awareness program

Answer 46

True

Question 47

The Health and Safety Code For the purpose of tobacco offenses provides that an individual commits an offense if the individual is younger than 18 years of age.

Answer 47

True until 2020 when the age changes to 21

Question 48

Went to court orders and expunction, the clerk must destroy or steal the paper records for the court

Answer 48

True

Question 49

Minors charge with an alcohol beverage code office are eligible for deferred disposition regardless of how many times they have been convicted of an alcohol beverage code offense.

Answer 49

False

Question 50

Fine-only offenses under the alcoholic beverage code that are dismissed upon completion of a deferred disposition may be used to enhance subsequent charges under the alcohol beverage code

Answer 50

True

Question 51

Courts do not have to require miners convicted of the office of driving under the influence of alcohol to perform community service as a sanction

Answer 51

False

Question 52

The court does not have any authority to grant an extension of time if the minor fails to complete the alcohol awareness program.

Answer 52

False

Question 53

The court may require parents to attend the alcohol awareness program with their child.

Answer 53

True

Question 54

The court must approve all alcohol awareness programs.

Answer 54

False alcohol awareness programs must be approved by the Texas department of state health services

Question 55

Quotes must require miners convicted For the first time of any alcoholic beverage code office to complete either an alcohol awareness program, a drug education program, or a drug and alcohol driving awareness program

Answer 55

True

Question 56

Municipal courts have jurisdiction over all fine only offenses in the alcoholic beverage code regardless of how many prior convictions

Answer 56

False

Question 57

The alcoholic beverage code defines a minor as a person under the age of 21.

Answer 57

True

Question 58

A person under the age of 17 charged with a penal code office that has been dismissed under the deferred disposition statute may request the Municipal Court to expunge records

Answer 58

True

Question 59

The court is required to tell the parent and the child of his or her right to expunge a conviction of a penal code offense and to give them a copy of the statue that provides the expunction procedure.

Answer 59

True

Question 60

Defendants under the age of 17 must appear personally with a parent or guardian in open court when charged with the Penal Code offense

Answer 60

True

Question 61

The punishment is the same penalty for a conviction of a traffic offense regardless of whether the defendant is an adult or a person under the age of 17

Answer 61

True

Question 62

A judge may allow a 15 year old defendant to discharge fines and costs by community service, even in that 15 year old is a millionaire.

Answer 62

True

Question 63

Parents must appear in open court with a child charge with a traffic offense.

Answer 63

True

Question 64

The terms “child,” “minor,” “individual,” and “person” are all synonymous terms for juvenile.

Answer 64

False

Question 65

All municipal courts in Texas are also truancy court and have jurisdiction over truant conduct.

Answer 65

True

Question 66

If the court decides to issue a capias pro fine for a defendant who committed an offense under the age of 17, the court must wait until the defendant turns age 17.

Answer 66

True

Question 67

A person under the age of 17 may request the court to expunge multiple convictions of penal code offenses.

Answer 67

False

Question 68

The penal code has special handling procedure for a child under the age of 17

Answer 68

False. ( family code )

Question 69

The term juvenile is not defined by statute.

Answer 69

True

Question 70

Retention periods apply to all local government records.

Answer 70

False (they only apply to official records unless otherwise noted.)

Question 71

If a municipal court can operate effectively without a bank account it should consider doing so.

Answer 71

True

Question 72

There should be an efficient way to keep up with payments and indicate past due amounts

Answer 72

True

Question 73

State court costs and fees have to be kept in separate bank accounts pending transfer to the state.

Answer 73

False.

Question 74

It is best for checks to have an expiration date written on them.

Answer 74

True

Question 75

It is preferable for municipal courts to have petty cash funds and make their own small purchases.

Answer 75

False

Question 76

If your bank accounts for a city can result in lower bank service charges and higher interest rates

Answer 76

True

Question 77

If the court does not have an automated means of handling and keeping up with installment payments, some sort of manual system should be used

Answer 77

True

Question 78

The fewer number of bank accounts at city has, the easier it is to keep up with and reconcile them.

Answer 78

True

Question 79

The goal and recording both jail time and community service credit should be to properly apply any credit and establish a clear audit trail

Answer 79

True

Question 80

An internal control system only needs three of the four basic principles to be considered a strong internal control system.

Answer 80

False

Question 81

A copy of a completed form showing when the defendant was placed in jail and released from jail should be forwarded to the Municipal Court.

Answer 81

True

Question 82

There should be an order signed and dated by the judge requiring the defendant to participate in community service.

Answer 82

True

Question 83

The procedures manual should include a description of how payments should be collected, processed, deposited, or remitted.

Answer 83

True

Question 84

The entity or organization should specifically indicate how many hours the defendant worked.

Answer 84

True

Question 85

It is ok to crest a procedures Manual that never refers to the judicial standing orders.

Answer 85

False

Question 86

The court should not worry About filing a copy of the order and form in some sort of tickler system since it can always rely on the entity or organization to contact the court if there is a problem

Answer 86

False

Question 87

The procedure manual is an essential part of a sound internal control system.

Answer 87

True

Question 88

A receipt should not be given to a defendant posting a cash bond until the bond is forfeited.

Answer 88

False

Question 89

A good procedures manual guides employees in performing their job correctly and help train new employees

Answer 89

True

Question 90

A sound system of internal control prevents errors and miss use of funds.

Answer 90

True

Question 91

If a quart does not have an automated system, the receipts journal should be maintained manually.

Answer 91

True

Question 92

Good internal control systems simplify the work of auditors.

Answer 92

True

Question 93

There is an increased need for awareness and understanding of internal controls at all levels of government.

Answer 93

True

Question 94

Inappropriate division of duties is a basic principle of internal control

Answer 94

True

Question 95

The receipts journal should be maintained on a weekly basis

Answer 95

False (on a daily basis)

Question 96

Those courts that do maintain a bank account must ensure that all money disbursed by the office is properly documented and accounted for

Answer 96

True

Question 97

Whenever possible, refunds should be made in cash.

Answer 97

False

Question 98

Checks should be pre-signed if the person who normally signs them is going to go on vacation.

Answer 98

False

Question 99

The person identifying the money should document in writing what was found, where was it found, how was it found, and then sign and date the documentation.

Answer 99

True

Question 100

It is better to have multiple filing places then to centralize control of the files

Answer 100

False

Question 101

To help maintain records properly, every clerk should be a file clerk.

Answer 101

False

Question 102

How records are retrieved can affect file arrangement.

Answer 102

True.

Question 103

Having a manual on filing procedures ensures that filing decisions are not erratic

Answer 103

True

Question 104

When setting up files in the filing cabinets, clerks should pack the files as tightly as possible to save on the number of filing cabinets the court must have.

Answer 104

False.

Question 105

The court should’ve a check out and check in system to keep track of case files.

Answer 105

True

Question 106

Municipal court dockets may be stored electronically

Answer 106

True

Question 107

The court should periodically perform records audits determine if records schedules have been properly maintained

Answer 107

True

Question 108

The report should show the beginning balance the court was responsible for at the start of the month.

Answer 108

True

Question 109

If it can be determined to whom the money belongs, the money should be kept in the municipal court until it is claimed by the rightful owner.

Answer 109

False

Question 110

Receipt should be balanced out daily.

Answer 110

True

Question 111

If there are three individuals in the court receiving money and issuing receipts, the one with the most tenure should be responsible for balancing out all three cash boxes or drawers.

Answer 111

False everyone should balance out their own drawers

Question 112

Any overages or shortages should be excluded from the reconciliation form unless it is known what the cause was.

Answer 112

False

Question 113

If the Municipal Court maintains a bank account, remittance should be made by check.

Answer 113

True

Question 114

A remittance form showing what the money is for should be included with the money.

Answer 114

True

Question 115

Fraud is more difficult if the same person collect cash, prepares the bank deposit, all records the receipts and the general ledger.

Answer 115

False that makes it easier

Question 116

Staff positions do not require specialized training in court processes.

Answer 116

False

Question 117

Personnel should understand how their duties fit in with the duties of others in the municipal court and with duties of other offices in the city.

Answer 117

True

Question 118

Procedure should be brought in general so that the reader will not be bogged down with details.

Answer 118

False

Question 119

If personnel clearly understands what is expected of them and how they are supposed to do their job, they will do a better, more accurate job.

Answer 119

True

Question 120

Even if a municipal courts performance is being checked by the cities internal audit department, the court should still check its own performance.

Answer 120

True

Question 121

State law requires municipal courts to maintain a bank account.

Answer 121

False

Question 122

Petty cash funds and change funds should be commingled

Answer 122

False

Question 123

A change fund should be maintained at a very high dollar value to cover all possibilities

Answer 123

False

Question 124

An individual receiving a change fund amount should sign a receipt for the amount received.

Answer 124

True

Question 125

Change fund amount should be verified at the beginning and end of each workday.

Answer 125

True

Question 126

For reasons of convenience, change funds should be used to cash personal checks.

Answer 126

False

Question 127

Change funds should not be used to make advances on officials or employees

Answer 127

True

Question 128

Pre-numbered receipts are not necessary as long as the court is audited frequently.

Answer 128

False

Question 129

It is not necessary for a person receiving receipts to count and make sure that they are all there because printers do not make mistakes

Answer 129

False

Question 130

Receipts should not be prepared for mail payments unless a self-addressed stamped envelope is included with the payment.

Answer 130

False

Question 131

Dominus book court should periodically account for all receipts, both issued and an unissued.

Answer 131

True

Question 132

Employees with access to cash should be adequately bonded

Answer 132

True

Question 133

Each person receiving payments should have a separate cash box or drawer.

Answer 133

True

Question 134

The remittance form does not need to be signed by anyone from the court if the remittance is made by check

Answer 134

False

Question 135

It is best to have the change fund amount very each day to keep everyone on their toes

Answer 135

False.

Question 136

The completed reconciliation should be signed and dated by the person doing it.

Answer 136

True

Question 137

The bank reconciliation should be submitted to appropriate personnel for review only if an error is found.

Answer 137

False

Question 138

The report should be signed and dated by the person preparing it and by the person reviewing and approving it.

Answer 138

True

Question 139

Auditing can be a means for minimizing and providing for early detection and correction of material mistakes and irregularities

Answer 139

True

Question 140

And internal audit is an audit done by someone who does not work for the organization being audited.

Answer 140

False that is an external audit

Question 141

An individual receiving payments should allow trustworthy coworkers access to their cash box or drawer in their absence.

Answer 141

False

Question 142

It is best to handle as many transactions at a time as possible.

Answer 142

False

Question 143

It is best to always arrange currency, coins, checks in a box or drawer in a consistent manner.

Answer 143

True

Question 144

Each individual receiving payments should balance out his or her cash box or drawer each day.

Answer 144

True

Question 145

When the police department does receive Municipal Court payments, it should not issue receipts, since that should be done by the municipal court.

Answer 145

False

Question 146

Bank deposits or remittances to the city treasurer should be made daily.

Answer 146

True

Question 147

If possible, the city should avoid having the police department except Municipal Court payment and issue receipts.

Answer 147

True

Question 148

At least quarterly, some sort of audit work should be done related to municipal court operations.

Answer 148

True

Question 149

A separate listing should be made of each day as receipts and it should be forwarded to the city auditor or to the city treasurer if there is no auditor.

Answer 149

True

Question 150

The daily drop/lockbox collections report should be signed or initialed and dated by the person preparing it.

Answer 150

True

Question 151

I’ll mail should be open to daily.

Answer 151

True

Question 152

Mail should be opened by someone while he or she is receiving payments and issuing receipts.

Answer 152

False

Question 153

Mail should be opened out in the open, not in an enclosed office.

Answer 153

True

Question 154

In arriving at the decision of whether or not to except credit card payments, the city should compare the cost of processing fees with the expected benefit.

Answer 154

True

Question 155

Since the decision rests with the judge in each case, it is best not to have a written description of when installment payments are generally utilized.

Answer 155

False

Question 156

There should be a written installment agreement anytime a payment plan is granted.

Answer 156

True

Question 157

I mean it’s a book horrible always be notified when an internal audit is going to be conducted

Answer 157

False

Question 158

Some audit steps are almost always done on a surprise basis without any notification, such as a cash count.

Answer 158

True

Question 159

The office of parent contributing to non-attendance may be prosecuted in the municipal court where the child lives instead of the municipal court where the child attends school.

Answer 159

True

Question 160

The majority of handling provisions for persons under the age of 17 charged with a traffic offenses are found in the transportation code.

Answer 160

False

Question 161

State law requires that cities have annual audit conducted by independent certified public accountant

Answer 161

False it is recommended it be conducted by an independent person

Question 162

The court may transfer the case of a defendant under the age of 17 to a quart of jurisdiction in another county if the defendant resides in the other county.

Answer 162

False

Question 163

If a child is convicted of a fine only office in a municipal court, the child is required to pay the $35 fee for the peace officer Summoning the parents

Answer 163

True

Question 164

Courts must order DPS to suspend or deny issuance of a defendants drivers license for up to 180 days if the defendant fails to complete the E cigarette and tobacco awareness program.

Answer 164

True

Question 165

The court must order the Department of public safety to suspend the drivers license of defendant convicted of the office of driving under the influence of alcohol.

Answer 165

False

Question 166

Under rule 12, if a judge refuses to release the requested information, the requestor can appeal to the attorney general

Answer 166

False the appeal goes to the administrative director of the office of court administration.

Question 167

The goal with cash bond is to ensure that the right amount of money gets to the right place in a timely manner.

Answer 167

True

Question 168

If a person is taken into custody for violating a juvenile curfew ordinance, the officer must take the person to a place of nonsecure custody

Answer 168

False

Question 169

The hardware to access electronically stored data must always be maintained by the city for documents that are stored.

Answer 169

False it must be maintained for the retention. A sign to the record

Question 170

Under rule 12, a record relating to a case file in the court is a judicial record.

Answer 170

False

Question 171

For administratively valuable records, the retention period Is at the discretion of the city

Answer 171

True

Question 172

The education code defines child for the purpose of attending school to be between the ages of 10 years of age and younger than 18 years of age.

Answer 172

False it is between the ages of 10 and 19

Question 173

Defendants who are at least 10 years of age and younger than 17 charged with a fine only office may not be ordered confined.

Answer 173

True

Question 174

Courts must require minor defendants charged with the office of driving under the influence who are granted deferred disposition to complete a certain number of community service hours as a term of the deferral.

Answer 174

False

Question 175

Under rule 12 a quart that receives a request for a judicial record has 14 days to allow the requester to copy or inspect the record.

Answer 175

True it must be as soon as practical but not to exceed 14 days

Question 176

The court does not need to keep a record of records that are destroyed.

Answer 176

False

Question 177

Documents that are stored electronically have a different retention period from paper documents

Answer 177

False

Question 178

When records are maintained together, the combined record must be retained for the length of time of the component with the longest retention period

Answer 178

True

Question 179

If records are stored in bound volumes, the retention period dates from the date of the last entry

Answer 179

True

Question 180

Miners must complete the alcohol awareness program within 120 days from the date of conviction.

Answer 180

Falls within 90 days after conviction

Question 181

Miners my petition of Municipal Court to expunge an alcohol beverage code conviction only if the minor that’s just one arrest upon reaching the age of 21.

Answer 181

True

Question 182

The office of failure to attend school is a criminal offense that may be filed in Municipal Court.

Answer 182

False

Question 183

Parent contributing to non-attendance carries a maximum fine of $500 for the first offense.

Answer 183

False $100

Question 184

If a minor age 17 is charged with a subsequent alcohol beverage code office after two prior convictions, the penalty for the third and subsequent offenses include confinement in jail.

Answer 184

True

Question 185

Clerks should notify the department of public safety of an order of drivers license suspension immediately upon conviction of a minor of an alcohol beverage code offenses because the suspension is effective on the 11th day after the judgment of conviction.

Answer 185

True

Question 186

If a minor fails to complete an alcohol awareness program, the court must order the department of public safety to suspend the minors drivers license for a period of time not to exceed six months.

Answer 186

True

Question 187

Judges me, but you’re not have to, require miners convicted of the office of mine are consuming alcohol to perform a certain number of community service hours upon conviction.

Answer 187

False the court must require the defendant to perform a certain number of community service hours.

Question 188

If a parent is convicted of the offense of parent contributing to non-attendance, the court must remit to the school district or the juvenile justice alternative education program that the child has been ordered to attend 1/2 of the parents fine.

Answer 188

True

Question 189

When a parent, managing conservator, custodian fails to appear with his or her child, the court may charge the parent with the Penal Code offense of failure to appear

Answer 189

False

Question 190

If a defendant of the age of 17 fails to appear, the court should use all available procedures under chapter 45, including a non-secure custody warrant to obtain the defendants appearance.

Answer 190

True

Question 191

Early youth intervention services apply to a child seven years of age or older and under the age of 17

Answer 191

True

Question 192

Defendants under the age of 17 cannot be required to pay court costs before being granted the right to take a driving safety course.

Answer 192

False

Question 193

Municipal courts must report to the DPS acquittals of all alcoholic beverage code offenses

Answer 193

False

Question 194

The law provides that a city Council and they authorize a city officials to collect payment for court costs, fees, and fines by credit card.

Answer 194

True

Question 195

The receipts journal should include both date of the transaction and the name of the pair but not the receipt number.

Answer 195

False

Question 196

Remittances should be no more often than once a month.

Answer 196

Falls at least once a month if the court maintains its own account daily if the court does not