Level 2 Part C flash cards
1
Q
Defendants under the age of 17 may request to take a driving safety course (DSC) through the mail.
A
False
2
Q
In order to participate in a teen court program, the program must be approved by the court
A
True
3
Q
Defendants under the age of 17 charged with a traffic offense may request to take a teen court program.
A
True
4
Q
Cities may contract with the Department of Human Resources for early youth intervention services
A
True
5
Q
Early youth intervention services are for families who are in at-risk situations.
A
True
6
Q
If a parent fails to comply with additional sanctions, the court may find the parent in contempt
A
True
7
Q
When a child fails to fulfill the requirements of an additional Sanction, the court enforces the order by taking the child into custody.
A
False
8
Q
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.
A
True
9
Q
A court may order additional rehabilitative sanctions under Article 45.057, C.C.P., for all class C misdemeanors.
A
True
10
Q
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.
A
False
11
Q
A person under the age of 17 who requests deferred disposition must make a personal appearance in open court with a parent or guardian.
A
True
12
Q
Courts are required to report to the juvenile court the filing and disposition of non-traffic offenses.
A
True
13
Q
When a defendant under the age of 17 fails to appear for a traffic offense, the court must notify DPS of the failure.
A
True
14
Q
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.
A
True
15
Q
Municipal courts must report to the DPS convictions and orders for deferred disposition for all Alcoholic Beverage Code offense in which minors are charged.
A
True
16
Q
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.
A
False
17
Q
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.
A
True
18
Q
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
A
True
19
Q
An individual may apply to the municipal court to expunge only one conviction for a tobacco offense
A
False ( defendant can apply for multiple expungements but offense must be convictions to be eligible) can apply once they reach 21 years of age.
20
Q
The Health and Safety Code contains special handling provisions for individuals under the age of 17.
A
False
21
Q
The court may never waive the presence of the parents
A
False
22
Q
Judges may not require defendants under the age of 17 to perform community service because of the risk of injury.
A
False
23
Q
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.
A
True
24
Q
A juvenile processing office may not be used as a place of nonsecure custody.
A
False
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.
True
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.
False
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.
False
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.
True
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.
True
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
False
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.
False
32
The court should notify the parents of their obligation to provide the court with the current address and residence of a child.
True
33
Judges should determine the sophistication and maturity of a juvenile at the time of appearance of the juvenile in court.
True
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.
True
35
A statement of a person under the age of 17 must be recorded by a recording device such as a video camera.
True
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.
True
37
Municipal judges are magistrates.
True
38
Persons charged with the former office of failure to attend school do not have a right to have a conviction expunged.
False
39
A school district is required to take preventative measures before referring a student to truancy court.
True
40
A school district is required to take preventative measures before referring a student to truancy court.
True
41
A child a least 17 years of age attending a course of instruction to obtain a GED is exempt from attending school.
True
42
A child who is attending a private or parochial school is exempt from attending public school.
True
43
Defend and must complete a e-cigarette and tobacco awareness program within 90 days of having the execution of the sentence suspended.
True
44
If a court dismisses a first-time tobacco offense it may still be used to enhance a subsequent offense.
True
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.
False
46
The court must order an individual converting to be first time tobacco office to attend an E cigarette and tobacco awareness program
True
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.
True until 2020 when the age changes to 21
48
Went to court orders and expunction, the clerk must destroy or steal the paper records for the court
True
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.
False
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
True
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
False
52
The court does not have any authority to grant an extension of time if the minor fails to complete the alcohol awareness program.
False
53
The court may require parents to attend the alcohol awareness program with their child.
True
54
The court must approve all alcohol awareness programs.
False alcohol awareness programs must be approved by the Texas department of state health services
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
True
56
Municipal courts have jurisdiction over all fine only offenses in the alcoholic beverage code regardless of how many prior convictions
False
57
The alcoholic beverage code defines a minor as a person under the age of 21.
True
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
True
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.
True
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
True
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
True
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.
True
63
Parents must appear in open court with a child charge with a traffic offense.
True
64
The terms “child,” “minor,” “individual,” and “person” are all synonymous terms for juvenile.
False
65
All municipal courts in Texas are also truancy court and have jurisdiction over truant conduct.
True
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.
True
67
A person under the age of 17 may request the court to expunge multiple convictions of penal code offenses.
False
68
The penal code has special handling procedure for a child under the age of 17
False. ( family code )
69
The term juvenile is not defined by statute.
True
70
Retention periods apply to all local government records.
False (they only apply to official records unless otherwise noted.)
71
If a municipal court can operate effectively without a bank account it should consider doing so.
True
72
There should be an efficient way to keep up with payments and indicate past due amounts
True
73
State court costs and fees have to be kept in separate bank accounts pending transfer to the state.
False.
74
It is best for checks to have an expiration date written on them.
True
75
It is preferable for municipal courts to have petty cash funds and make their own small purchases.
False
76
If your bank accounts for a city can result in lower bank service charges and higher interest rates
True
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
True
78
The fewer number of bank accounts at city has, the easier it is to keep up with and reconcile them.
True
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
True
80
An internal control system only needs three of the four basic principles to be considered a strong internal control system.
False
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.
True
82
There should be an order signed and dated by the judge requiring the defendant to participate in community service.
True
83
The procedures manual should include a description of how payments should be collected, processed, deposited, or remitted.
True
84
The entity or organization should specifically indicate how many hours the defendant worked.
True
85
It is ok to crest a procedures Manual that never refers to the judicial standing orders.
False
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
False
87
The procedure manual is an essential part of a sound internal control system.
True
88
A receipt should not be given to a defendant posting a cash bond until the bond is forfeited.
False
89
A good procedures manual guides employees in performing their job correctly and help train new employees
True
90
A sound system of internal control prevents errors and miss use of funds.
True
91
If a quart does not have an automated system, the receipts journal should be maintained manually.
True
92
Good internal control systems simplify the work of auditors.
True
93
There is an increased need for awareness and understanding of internal controls at all levels of government.
True
94
Inappropriate division of duties is a basic principle of internal control
True
95
The receipts journal should be maintained on a weekly basis
False (on a daily basis)
96
Those courts that do maintain a bank account must ensure that all money disbursed by the office is properly documented and accounted for
True
97
Whenever possible, refunds should be made in cash.
False
98
Checks should be pre-signed if the person who normally signs them is going to go on vacation.
False
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.
True
100
It is better to have multiple filing places then to centralize control of the files
False
101
To help maintain records properly, every clerk should be a file clerk.
False
102
How records are retrieved can affect file arrangement.
True.
103
Having a manual on filing procedures ensures that filing decisions are not erratic
True
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.
False.
105
The court should’ve a check out and check in system to keep track of case files.
True
106
Municipal court dockets may be stored electronically
True
107
The court should periodically perform records audits determine if records schedules have been properly maintained
True
108
The report should show the beginning balance the court was responsible for at the start of the month.
True
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.
False
110
Receipt should be balanced out daily.
True
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.
False everyone should balance out their own drawers
112
Any overages or shortages should be excluded from the reconciliation form unless it is known what the cause was.
False
113
If the Municipal Court maintains a bank account, remittance should be made by check.
True
114
A remittance form showing what the money is for should be included with the money.
True
115
Fraud is more difficult if the same person collect cash, prepares the bank deposit, all records the receipts and the general ledger.
False that makes it easier
116
Staff positions do not require specialized training in court processes.
False
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.
True
118
Procedure should be brought in general so that the reader will not be bogged down with details.
False
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.
True
120
Even if a municipal courts performance is being checked by the cities internal audit department, the court should still check its own performance.
True
121
State law requires municipal courts to maintain a bank account.
False
122
Petty cash funds and change funds should be commingled
False
123
A change fund should be maintained at a very high dollar value to cover all possibilities
False
124
An individual receiving a change fund amount should sign a receipt for the amount received.
True
125
Change fund amount should be verified at the beginning and end of each workday.
True
126
For reasons of convenience, change funds should be used to cash personal checks.
False
127
Change funds should not be used to make advances on officials or employees
True
128
Pre-numbered receipts are not necessary as long as the court is audited frequently.
False
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
False
130
Receipts should not be prepared for mail payments unless a self-addressed stamped envelope is included with the payment.
False
131
Dominus book court should periodically account for all receipts, both issued and an unissued.
True
132
Employees with access to cash should be adequately bonded
True
133
Each person receiving payments should have a separate cash box or drawer.
True
134
The remittance form does not need to be signed by anyone from the court if the remittance is made by check
False
135
It is best to have the change fund amount very each day to keep everyone on their toes
False.
136
The completed reconciliation should be signed and dated by the person doing it.
True
137
The bank reconciliation should be submitted to appropriate personnel for review only if an error is found.
False
138
The report should be signed and dated by the person preparing it and by the person reviewing and approving it.
True
139
Auditing can be a means for minimizing and providing for early detection and correction of material mistakes and irregularities
True
140
And internal audit is an audit done by someone who does not work for the organization being audited.
False that is an external audit
141
An individual receiving payments should allow trustworthy coworkers access to their cash box or drawer in their absence.
False
142
It is best to handle as many transactions at a time as possible.
False
143
It is best to always arrange currency, coins, checks in a box or drawer in a consistent manner.
True
144
Each individual receiving payments should balance out his or her cash box or drawer each day.
True
145
When the police department does receive Municipal Court payments, it should not issue receipts, since that should be done by the municipal court.
False
146
Bank deposits or remittances to the city treasurer should be made daily.
True
147
If possible, the city should avoid having the police department except Municipal Court payment and issue receipts.
True
148
At least quarterly, some sort of audit work should be done related to municipal court operations.
True
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.
True
150
The daily drop/lockbox collections report should be signed or initialed and dated by the person preparing it.
True
151
I’ll mail should be open to daily.
True
152
Mail should be opened by someone while he or she is receiving payments and issuing receipts.
False
153
Mail should be opened out in the open, not in an enclosed office.
True
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.
True
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.
False
156
There should be a written installment agreement anytime a payment plan is granted.
True
157
I mean it’s a book horrible always be notified when an internal audit is going to be conducted
False
158
Some audit steps are almost always done on a surprise basis without any notification, such as a cash count.
True
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.
True
160
The majority of handling provisions for persons under the age of 17 charged with a traffic offenses are found in the transportation code.
False
161
State law requires that cities have annual audit conducted by independent certified public accountant
False it is recommended it be conducted by an independent person
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.
False
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
True
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.
True
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.
False
166
Under rule 12, if a judge refuses to release the requested information, the requestor can appeal to the attorney general
False the appeal goes to the administrative director of the office of court administration.
167
The goal with cash bond is to ensure that the right amount of money gets to the right place in a timely manner.
True
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
False
169
The hardware to access electronically stored data must always be maintained by the city for documents that are stored.
False it must be maintained for the retention. A sign to the record
170
Under rule 12, a record relating to a case file in the court is a judicial record.
False
171
For administratively valuable records, the retention period Is at the discretion of the city
True
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.
False it is between the ages of 10 and 19
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.
True
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.
False
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.
True it must be as soon as practical but not to exceed 14 days
176
The court does not need to keep a record of records that are destroyed.
False
177
Documents that are stored electronically have a different retention period from paper documents
False
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
True
179
If records are stored in bound volumes, the retention period dates from the date of the last entry
True
180
Miners must complete the alcohol awareness program within 120 days from the date of conviction.
Falls within 90 days after conviction
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.
True
182
The office of failure to attend school is a criminal offense that may be filed in Municipal Court.
False
183
Parent contributing to non-attendance carries a maximum fine of $500 for the first offense.
False $100
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.
True
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.
True
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.
True
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.
False the court must require the defendant to perform a certain number of community service hours.
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.
True
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
False
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.
True
191
Early youth intervention services apply to a child seven years of age or older and under the age of 17
True
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.
False
193
Municipal courts must report to the DPS acquittals of all alcoholic beverage code offenses
False
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.
True
195
The receipts journal should include both date of the transaction and the name of the pair but not the receipt number.
False
196
Remittances should be no more often than once a month.
Falls at least once a month if the court maintains its own account daily if the court does not
