Question 1

The main trial courts in Texas are called

Accepted Answer

A)  county courts. 
B)  courts of appeals. 
C)  district courts. 
D)  municipal courts. 
E)  justice of the peace courts. 
A)  county courts. 
B)  courts of appeals. 
C)  district courts. 
D)  municipal courts. 
E)  justice of the peace courts. C

Question 2

One of the most controversial judicial issues in Texas is the death penalty. Explain some of the reasons for the controversy. How does race play a role in the controversy? What is the role played by the court of criminal appeals? What is the process by which clemencies are offered?

Accepted Answer

The death penalty is a highly controversial issue in Texas for several reasons. One of the main reasons is the potential for wrongful convictions and the irreversible nature of the death penalty. There have been cases where individuals have been exonerated after being sentenced to death, raising concerns about the reliability of the justice system in determining guilt. Additionally, there are concerns about the fairness of the death penalty, particularly in regards to race. Studies have shown that race plays a significant role in who receives the death penalty, with African American defendants being more likely to be sentenced to death than white defendants for similar crimes.

The Texas Court of Criminal Appeals plays a significant role in the controversy surrounding the death penalty. As the highest court for criminal cases in Texas, it is responsible for reviewing death penalty cases and ensuring that the legal process has been followed. However, there have been criticisms of the court for its handling of death penalty cases, with concerns about inadequate legal representation for defendants and potential biases in the judicial system.

In Texas, the process for clemency involves the Texas Board of Pardons and Paroles, which reviews clemency applications and makes recommendations to the governor. The governor then has the authority to grant clemency, which can take the form of a commutation of the death sentence to life in prison or a pardon. The clemency process has also been a source of controversy, with concerns about the fairness and transparency of the decision-making process.

Overall, the death penalty remains a contentious issue in Texas due to concerns about wrongful convictions, racial disparities, and the fairness of the legal process. The role of the court of criminal appeals and the clemency process also contribute to the ongoing controversy surrounding the death penalty in Texas.

Question 3

Which court in Texas has automatic jurisdiction over all death penalty cases?

Accepted Answer

A)  the court of criminal appeals 
B)  the supreme court 
C)  the district court 
D)  the justice of the peace court 
E)  the court of civil appeals 
A)  the court of criminal appeals 
B)  the supreme court 
C)  the district court 
D)  the justice of the peace court 
E)  the court of civil appeals A

Question 4

Texas leads the nation in the number of state-sanctioned executions.

Accepted Answer

A) True 
 B)False

Question 5

Plea bargains are not often used in Texas criminal trials.

Accepted Answer

A) True 
 B)False

Question 6

In 1996, the voters of Texas chose to adopt the merit selection of judges.

Accepted Answer

A) True 
 B)False

Question 7

Texas law restricts the amount of money a judicial candidate may receive from donors.

Accepted Answer

A) True 
 B)False

Question 8

The majority of cases in municipal courts involve

Accepted Answer

A)  family law. 
B)  traffic and parking violations. 
C)  civil cases, especially torts. 
D)  felony crimes. 
E)  city ordinances. 
A)  family law. 
B)  traffic and parking violations. 
C)  civil cases, especially torts. 
D)  felony crimes. 
E)  city ordinances.

Question 9

Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas Court of Criminal Appeals?

Accepted Answer

A)  The Texas legislature has placed a strict cap on the spending for the criminal appeals court election campaigns. 
B)  There are few interest groups that contribute money to criminal appeals court candidates' campaigns, which keeps the costs of the election down. 
C)  Judges running for the criminal appeals court do not have to be elected in a statewide election. 
D)  Fewer people are interested in the court of criminal appeals. 
E)  There are more positions available on the criminal appeals court, so the seats are not as coveted. 
A)  The Texas legislature has placed a strict cap on the spending for the criminal appeals court election campaigns. 
B)  There are few interest groups that contribute money to criminal appeals court candidates' campaigns, which keeps the costs of the election down. 
C)  Judges running for the criminal appeals court do not have to be elected in a statewide election. 
D)  Fewer people are interested in the court of criminal appeals. 
E)  There are more positions available on the criminal appeals court, so the seats are not as coveted.

Question 10

Since the late 1980s, in what direction has the Texas Supreme Court moved regarding civil cases?

Accepted Answer

A)  The Texas Supreme Court has grown more liberal in its tort-law decisions. 
B)  Texas has moved toward a more conservative approach to torts. 
C)  The Texas Supreme Court has taken a more pro-business direction. 
D)  The Texas Supreme Court is moving toward a more common-law approach to tort reform. 
E)  The Texas Supreme Court is choosing to hear fewer tort-law cases. 
A)  The Texas Supreme Court has grown more liberal in its tort-law decisions. 
B)  Texas has moved toward a more conservative approach to torts. 
C)  The Texas Supreme Court has taken a more pro-business direction. 
D)  The Texas Supreme Court is moving toward a more common-law approach to tort reform. 
E)  The Texas Supreme Court is choosing to hear fewer tort-law cases.

Question 11

Texas justices of the peace do not have to be lawyers.

Accepted Answer

A) True 
 B)False

Question 12

Texas law restricts the number of judicial races during any single election cycle to no more than six.

Accepted Answer

A) True 
 B)False

Question 13

Why was partisanship in Texas judicial elections not an issue until 1978?

Accepted Answer

A)  That was the year judicial elections shifted from nonpartisan to partisan. 
B)  That was the first year the Texas constitution permitted candidates to announce their party affiliations. 
C)  Up until that time, Texas was essentially a one-party state. 
D)  Even though they could, candidates typically ran without using party labels up until 1978. 
E)  It was the first year a third-party candidate won a seat in a Texas judicial election. 
A)  That was the year judicial elections shifted from nonpartisan to partisan. 
B)  That was the first year the Texas constitution permitted candidates to announce their party affiliations. 
C)  Up until that time, Texas was essentially a one-party state. 
D)  Even though they could, candidates typically ran without using party labels up until 1978. 
E)  It was the first year a third-party candidate won a seat in a Texas judicial election.

Question 14

When a lawyer charges a client only if the case is won, it is called a

Accepted Answer

A)  tort claim. 
B)  civil fee. 
C)  hypothetical bill. 
D)  contingent fee. 
E)  pro bono claim. 
A)  tort claim. 
B)  civil fee. 
C)  hypothetical bill. 
D)  contingent fee. 
E)  pro bono claim.

Question 15

What is the most important part of a judicial candidate's campaign in Texas?

Accepted Answer

A)  party affiliation 
B)  professional and personal qualifications 
C)  name recognition with the voters 
D)  rating by the American Bar Association 
E)  campaign financing 
A)  party affiliation 
B)  professional and personal qualifications 
C)  name recognition with the voters 
D)  rating by the American Bar Association 
E)  campaign financing

Question 16

Which of the following is not a major criticism of the method of judicial selection in Texas today?

Accepted Answer

A)  It is overly partisan. 
B)  The need to raise campaign contributions compromises the independence of the judges. 
C)  Too often voters know nothing about the judicial candidates for whom they are voting. 
D)  In many cases ballots can be overloaded with judicial elections, making them complicated. 
E)  The governor has too much power in judicial selection. 
A)  It is overly partisan. 
B)  The need to raise campaign contributions compromises the independence of the judges. 
C)  Too often voters know nothing about the judicial candidates for whom they are voting. 
D)  In many cases ballots can be overloaded with judicial elections, making them complicated. 
E)  The governor has too much power in judicial selection.

Question 17

Which of the following is not a controversy that has led to the questioning of the integrity of the Texas criminal justice system?

Accepted Answer

A)  the false drug arrests in Tulia 
B)  the gypsum scandal in Dallas 
C)  the Houston Crime Lab scandal 
D)  the Dallas DNA exonerations 
E)  the University of Texas corruption scandal 
A)  the false drug arrests in Tulia 
B)  the gypsum scandal in Dallas 
C)  the Houston Crime Lab scandal 
D)  the Dallas DNA exonerations 
E)  the University of Texas corruption scandal

Question 18

Which of the following best describes capital punishment in Texas?

Accepted Answer

A)  The number of prisoners executed in Texas has been slowly decreasing since the 1970s. 
B)  Texas has both the highest rate of executions and the highest rate of successful death sentence appeals in the nation. 
C)  Texas executes more individuals than any other state and has a statistically low rate of successfully appealed capital cases. 
D)  The number of executions in Texas is double the number of executions in every other state combined. 
E)  Texas has had more death penalty cases overturned by the U.S. Supreme Court than any other state. 
A)  The number of prisoners executed in Texas has been slowly decreasing since the 1970s. 
B)  Texas has both the highest rate of executions and the highest rate of successful death sentence appeals in the nation. 
C)  Texas executes more individuals than any other state and has a statistically low rate of successfully appealed capital cases. 
D)  The number of executions in Texas is double the number of executions in every other state combined. 
E)  Texas has had more death penalty cases overturned by the U.S. Supreme Court than any other state.

Question 19

The method by which Texas judges get to the bench is only one method of judicial selection. Describe some of the alternative means of appointing or electing state judges. What has Texas done to ameliorate some of the problems with judicial elections?

Accepted Answer

In addition to the method of judicial se

Question 20

What is the most important type of case that the Texas Supreme Court handles?

Accepted Answer

A)  impeachment of public officials 
B)  tort laws 
C)  prison reform 
D)  death penalty cases 
E)  bankruptcy cases 
A)  impeachment of public officials 
B)  tort laws 
C)  prison reform 
D)  death penalty cases 
E)  bankruptcy cases

Exam 25: The Texas Judiciary

The main trial courts in Texas are called

One of the most controversial judicial issues in Texas is the death penalty. Explain some of the reasons for the controversy. How does race play a role in the controversy? What is the role played by the court of criminal appeals? What is the process by which clemencies are offered?

Which court in Texas has automatic jurisdiction over all death penalty cases?

Texas leads the nation in the number of state-sanctioned executions.

Plea bargains are not often used in Texas criminal trials.

In 1996, the voters of Texas chose to adopt the merit selection of judges.

Texas law restricts the amount of money a judicial candidate may receive from donors.

The majority of cases in municipal courts involve

Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas Court of Criminal Appeals?

Since the late 1980s, in what direction has the Texas Supreme Court moved regarding civil cases?

Texas justices of the peace do not have to be lawyers.

Texas law restricts the number of judicial races during any single election cycle to no more than six.

Why was partisanship in Texas judicial elections not an issue until 1978?

When a lawyer charges a client only if the case is won, it is called a

What is the most important part of a judicial candidate's campaign in Texas?

Which of the following is not a major criticism of the method of judicial selection in Texas today?

Which of the following is not a controversy that has led to the questioning of the integrity of the Texas criminal justice system?

Which of the following best describes capital punishment in Texas?

The method by which Texas judges get to the bench is only one method of judicial selection. Describe some of the alternative means of appointing or electing state judges. What has Texas done to ameliorate some of the problems with judicial elections?

What is the most important type of case that the Texas Supreme Court handles?

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