Question 1

A panel of prospective jurors, chosen by random selection, is called a

Accepted Answer

A)   voir dire.
B)   venire.
C)   peremptory challenge.
D)   stratified sampling. B

Question 2

Grand juries in Texas are composed of __________ members.

Accepted Answer

A)   six
B)   twelve
C)   both six and twelve
D)   forty B

Question 3

Describe the structure and roles of the three local trial courts in Texas (those below the state district courts). Who are their officers, and how are these persons chosen? What is their jurisdiction, and where are cases appealed?

Accepted Answer

The three local trial courts in Texas below the state district courts are the justice of the peace courts, the county courts, and the municipal courts.

The justice of the peace courts are presided over by justices of the peace, who are elected officials serving four-year terms. Their jurisdiction includes small claims cases, landlord-tenant disputes, and minor criminal offenses. Cases from the justice of the peace courts can be appealed to the county courts.

The county courts are presided over by county judges, who are also elected officials serving four-year terms. Their jurisdiction includes civil cases with higher monetary limits, probate matters, and misdemeanor criminal cases. Cases from the county courts can be appealed to the state district courts.

The municipal courts are presided over by municipal judges, who are appointed by the city council or mayor. Their jurisdiction includes violations of city ordinances, traffic offenses, and other minor offenses. Cases from the municipal courts can be appealed to the county courts.

Overall, the officers of these local trial courts are either elected or appointed, and their roles involve presiding over cases within their respective jurisdictions. Cases from these courts can be appealed to higher courts, depending on the nature of the case and the specific court involved.

Question 4

A citizen who believes an attorney has behaved unethically while representing him or her should file a complaint with the

Accepted Answer

A)   district attorney in his or her county.
B)   Attorney General of Texas.
C)   Commission on Judicial Conduct.
D)   Texas Supreme Court.

Question 5

Texas courts that have exclusive original jurisdiction over slander are

Accepted Answer

A)   state district courts.
B)   justice of the peace courts.
C)   probate courts.
D)   county courts at law.

Question 6

Many lawyers are rated by their fellow attorneys in the areas of legal ability and ethics in the

Accepted Answer

A)   Civil and Criminal Guide.
B)   Martindale-Hubbell Legal Directory.
C)   Ethics Journal of Law.
D)   Texas Lawyers Guide.

Question 7

Juvenile courts are considered __________ rather than criminal courts.

Accepted Answer

A)   felony courts
B)   punitive courts
C)   probate courts
D)   civil courts

Question 8

Which statement regarding the appellate division of the Texas courts is incorrect?

Accepted Answer

A)   All courts have more than one justice.
B)   All justices are popularly elected for six-year terms.
C)   District courts are appellate when hearing appeals of probate cases.
D)   Justices must be attorneys with prior legal or judicial experience.

Question 9

Approximately one-third of all lawsuits are tried by a (an)

Accepted Answer

A)   jury.
B)   judge.
C)   arbiter.
D)   commissioner.

Question 10

The type of case appealed directly to the Texas Court of Criminal Appeals is that of a

Accepted Answer

A)   first-degree felony conviction.
B)   state jail (fourth-degree)  felony conviction.
C)   capital felony conviction with imposed death sentence.
D)   capital felony conviction, regardless of the length of sentence.

Question 11

a lawyer's compensation based on a percentage of a winning lawsuit is known as a

Accepted Answer

A)   retainer.
B)   contingency fee.
C)   rebate.
D)   kick-back.

Question 12

County jails are employed for all of the following purposes in Texas except to

Accepted Answer

A)   house persons arrested pending trial, and have been denied bond.
B)   confine persons convicted of misdemeanor criminal offenses.
C)   house inmates convicted of felonies pending transfer to state facilities.
D)   confine persons who are unable to pay their civil debts.

Question 13

The Texas Supreme Court would not hear an appeal if the

Accepted Answer

A)   case involved a school bond election.
B)   Texas Railroad Commission was a party.
C)   case involved money owed the state by a depository bank.
D)   court of appeals decided the case in a manner contrary to another court of appeals.

Question 14

The short-term method for relieving overcrowded court dockets in Texas is to

Accepted Answer

A)   limit the type of cases that courts may handle.
B)   bring in a temporary judge or use an ADR.
C)   utilize the "change of venue" procedure.
D)   order a two-year delay in the case to give the docket time to clear.

Question 15

State district courts have civil jurisdiction in all the following instances, except

Accepted Answer

A)   divorce.
B)   contested wills.
C)   land titles.
D)   municipal ordinances.

Question 16

Qualifications for serving on a trial jury in Texas include all the following except

Accepted Answer

A)   be at least 18 years of age.
B)   be able to read and write English.
C)   be a citizen of the United States.
D)   be a resident of the state of Texas.

Question 17

A violation of the Arlington municipal fire code would be tried in the

Accepted Answer

A)   Tarrant County court at law.
B)   district court in Tarrant County.
C)   Arlington municipal court.
D)   Tarrant County justice of the peace.

Question 18

Defend your position on the following two issues: should all judges be attorneys and should judges be elected or appointed?

Accepted Answer

The answer of Defend your position on the following two...

Question 19

The court system has the legal authority to the make the rules of civil procedure, however, these rules

Accepted Answer

A)   may not conflict with any general laws of the state.
B)   may not conflict with the rules of the State Bar of Texas.
C)   often conflict with the rules of the State Bar of Texas.
D)   often do conflict with the general laws of the state.

Question 20

The State Bar of Texas performs all the following functions, except

Accepted Answer

A)   provide continuing legal education.
B)   discipline, suspend or disbar attorneys.
C)   promote high standards of ethical conduct.
D)   rate and publish the qualifications of lawyers.

Exam 10: Laws, Courts, and Justice