Question 1

How large is the judicial system in Texas? How do you think the size of Texas's judicial system benefits citizens? Are there any disadvantages?

Accepted Answer

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Question 2

What name is given to the process of gathering information from the opposing party and witnesses in a lawsuit?

Accepted Answer

A)  Cross-examination 
B)  Discovery 
C)  Admission 
D)  Voir dire 
E)  Habeas corpus

Question 3

Imagine that you were injured on the job and decided to sue your employer.Explain the process involved in making your civil case.In your judgment,should punitive damages in tort matters be limited?

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Question 4

Summarize the roles of the judge and jury in a civil trial.

Accepted Answer

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Question 5

In a criminal case,how many jurors must agree on a verdict of guilty or not guilty?

Accepted Answer

A)  All 
B)  Two-thirds 
C)  Three-fourths 
D)  The majority 
E)  Half

Question 6

Why is it illegal for a lawyer to boast of winning a case in his blog posting?

Accepted Answer

A)  Such an action violates the attorney-client privilege. 
B)  Lawyers are prohibited from maintaining blogs on the Internet. 
C)  Boasting is behavior unbecoming of a lawyer. 
D)  This action is disclosure of the results of a case and cannot be made public. 
E)  Posting this type of information in a blog is advertising.

Question 7

What must a lawyer do in order to be a practicing attorney in the state of Texas?

Accepted Answer

A)  Be a member of the State Bar of Texas 
B)  Be a graduate of a Texas law school 
C)  Be registered with the National Lawyers Guild 
D)  Be a member of the Texas Trial Lawyers Association 
E)  Be appointed by the governor of Texas

Question 8

Which of the following courts lacks criminal jurisdiction?

Accepted Answer

A)  County courts 
B)  Texas Supreme Court 
C)  State court of appeals 
D)  Texas Court of Criminal Appeals 
E)  Constitutional county courts

Question 9

Which of the following statements regarding a court of record is true?

Accepted Answer

A)  Cases may not be appealed from these courts. 
B)  The decisions of the judges are recorded and published. 
C)  A written or electronic record is made of the proceedings. 
D)  Proceedings may be audiotaped or videotaped for public release. 
E)  Judges need not be practicing attorneys.

Question 10

What is the major way that the Missouri Plan differs from the appointment-retention system for selecting judges?

Accepted Answer

A)  The people can vote on the appointed judge after he or she serves in office for a while. 
B)  The governor nominates someone for a judgeship. 
C)  A nominating commission recommends a panel of nominees to the governor. 
D)  The legislature prefers the Missouri Plan. 
E)  There is no procedure in place to remove an incompetent judge under the Missouri Plan.

Question 11

Which of these terms refers to various traditions,customs,and practices that a court recognizes?

Accepted Answer

A)  Statutory law 
B)  Administrative law 
C)  Constitutional law 
D)  Criminal law 
E)  Common law

Question 12

What task did the Texas legislature give the Texas Legislative Council in 1963?

Accepted Answer

A)  To eliminate the bifurcated court system in Texas 
B)  To provide checks and balances on judicial power in Texas 
C)  To eliminate all traces of common law from Texas statutes 
D)  To reorganize Texas laws related to specific topics 
E)  To codify all agency regulations

Question 13

An operator of an automobile repair shop cannot collect a bill of $426.42 from a customer.Where would the most convenient place be for the operator to sue to recover his money?

Accepted Answer

A)  Municipal court 
B)  State district court 
C)  Justice of the peace court 
D)  County court-at-law 
E)  Probate court

Question 14

What are two alternatives to the Texas method of selecting judges? Do you think Texas should adopt one of these methods? Why or why not?

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Question 15

Except for death penalty cases,where is an appeal in a criminal case first heard?

Accepted Answer

A)  In the municipal court in which the trial was held 
B)  In the Texas Court of Criminal Appeals 
C)  In the Texas Supreme Court 
D)  In the U.S.Supreme Court 
E)  In the court of appeals in the district in which the trial was held

Question 16

In a criminal trial,who is the plaintiff?

Accepted Answer

A)  The victim of the crime 
B)  The person on trial 
C)  The judge 
D)  The state of Texas 
E)  The members of the jury

Question 17

The validity of a contested will is decided by which court?

Accepted Answer

A)  Justice of the peace court 
B)  Municipal court 
C)  Probate court 
D)  District court 
E)  Court of appeals

Question 18

Which level of courts is constitutionally bifurcated in Texas?

Accepted Answer

A)  Highest level appellate courts 
B)  Intermediate appellate courts 
C)  State trial courts 
D)  Local trial courts 
E)  Constitutional county courts

Question 19

A court that hears and decides cases tried for the first time has what kind of jurisdiction?

Accepted Answer

A)  Original jurisdiction 
B)  Appellate jurisdiction 
C)  Civil jurisdiction 
D)  Ultimate jurisdiction 
E)  Exclusive jurisdiction

Question 20

If someone is accused of committing a crime in Texas,what rights do they have? How must the state ensure that these rights are granted?

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Exam 10: The Judicial Branch