Texas Government Test 6 (Chapters 11 & 12)

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When was the first female justice elected to the Supreme Court?​

​1991

Disputes concerning business contracts, divorce, family matters, and personal injury involve

civil law

The term misdemeanor refers to a

crime less serious than a felony

A case involving a business contract falls under which branch of law?

Civil law

Law made by legislative bodies is called

statutory law

A collection of laws relating to the same subject and presented in an organized manner is called a(n)

code

A court that has specific authority to decide a particular type of case has

exclusive jurisdiction

When a case can be heard by only one court, that court is said to have

exclusive jurisdiction

A court that hears and decides cases tried for the first time has

original jurisdiction

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with

appellate jurisdiction

Which one of the following courts is not mentioned in the Texas Constitution?

Municipal courts

Which court has original jurisdiction to determine both the validity of will and whether a person is mentally competent?

Probate court

Which court does not require the judge to be lawyer?

​Justice of the peace

Of the judges of local courts, which must always be an attorney licensed to practice law in the state of Texas?​

County court-at-law judge

The term court of record means that

​a written or electronic record is made of the proceedings

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

Arlington municipal court

Justice of the peace in the Texas have ​jurisdiction over all of the following, except

divorces

The duty of a coroner’s office in Texas is to

determine the cause of death in certain circumstances

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?

Justice of the peace court

Which statement regarding the appellate jurisdiction of the intermediate and highest level Texas appellate courts is incorrect?

All cases involving money disputes can be appealed

​If you were owed $8,000 and wanted to represent yourself rather than hire an attorney, in which court would you file your case?

Justice of the peace court

The validity of a contested will is decided by a

district court

State district courts with general jurisdiction would be able to hear and decide all of the following cases, except​

​a dispute over $150 in wages

Texas courts that have exclusive original jurisdiction over slander are

state district courts

Which of the following courts mainly exercises original jurisdiction?

State district courts

Texas is divided into ______ appeals court districts?

14

The Texas Supreme Court would not hear an appeal if the

case involved a school bond election

The First Court of Appeals in Houston has a chief justice and eight justices. How many of them are required to hear an appeal?​

Three

Which level of courts are constitutionally bifurcated in Texas?

Highest level appellate courts

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

capital felony conviction with imposed death sentence

Which of the following courts does not have criminal jurisdiction?

Texas Supreme Court

The court with responsibility for formulating the rules of civil procedure is the

Texas Supreme Court

As of 2014, how many Democrats held statewide office in Texas

one

In Texas, nearly all judges are chosen by a

partisan election

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

use alternative dispute resolution

​If you wanted to hear an oral argument in the Texas Supreme Court, you would

​download a podcast

If one of the parties to a collaborative divorce chooses to litigate the divorce after the case begins, what must then happen?

Both attorneys must resign

The goals of specialty courts are

efficiency and therapy

A citizen who believes a judge has behaved unethically while presiding over his or her case should file a complaint with the

Commission on Judicial Conduct

The most important role in disciplining judges is now played by the

Texas Commission on Judicial Conduct

The Texas Supreme Court does all the following, except

fill vacancies in state district courts when they arise

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

The people can vote on the appointed judge after he or she serves in office for a while

In order to be a practicing attorney in the State of Texas, a lawyer must be

a member of the State Bar of Texas

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

rate and publish the qualifications of lawyers

The State Bar of Texas has the authority to take all the following actions, except to

impeach attorneys

A lawyer boasts of winning a case in his blog posting. This action is prohibited because​

​posting this type of information in a blog is advertising

The compensation for a lawyer based on a percentage of a winning lawsuit is known as a

contingency fee

Which amendment to the U.S. Constitution guarantees legal representation to the poor in civil cases?

None

Grand juries in Texas are composed of __________ members.

twelve

A formal accusation that a person has committed a high felony and must go to trial is a(n)

indictment

Indictments are prepared in grand jury proceedings if at least _________ members decide that there is enough evidence to warrant a trial

nine

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

be able to read and write English

The process by which attorneys question potential jurors is called

voir dire

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

venire

Petit or trial juries in Texas are composed of __________ members

either six or twelve

A lawyer may inquire​ about a prospective juror’s social media habits to determine if the prospective juror is

biased

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

may not conflict with any general laws of the state

The injured party in a civil case is formally referred to as the

plaintiff

The term plaintiff refers to the person who

initiates a civil suit

In civil cases, which types of damages would compensate a plaintiff for mental anguish or emotional distress?​

Noneconomic

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

judge

In recent years, why have the number of civil jury trials declined?

More cases are being settled by agreement between the plaintiff and defendant

In a civil jury trial in a state district court, the judge

applies the law, and the jury finds the facts

​A trend in the representation of poor people accused of a felony or misdemeanor case that may result in incarceration is

more counties are establishing public defender’s offices to represent the poor

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

All

​If the judge disagrees with the jury’s verdict in a criminal case, what does the judge do?

Orders a new trial

The Texas Penal Code is a body of laws that cover

crime and punishment

In Texas one’s punishment varies based on

the ​severity and category of the crime

As of 2014, the State of Texas has identified how many crimes as felonies?

More than 2,600

Felonies are classified as first, second, or third degree depending on the nature of the crime. This is referred to as

​graded penalties

In Texas, impersonating someone online is classified as a

​third-degree felony

State-jail felonies, like possession of 4 ounces to 1 pound of marijuana, can result in

​180 days to 2 years in prison and a maximum fine of $10,000

Which would not be subject to enhancement under the Texas Penal Code?

A charge of two offenses in the same criminal

As of 2001, Texas counties with populations over ___________ are required by law to establish a drug court

​550,000

A successful drug court in Tarrant County, the SWIFT Court, has been described as

"probation on steroids"

Those who engage in organized crime, repeat offenders, and those who commit hate crimes receive enhanced punishment, which means

they are punished as though they had committed the next higher degree of felony

Which of the following is not one of the ways that state legislators have sought to address high incarceration rates for drug offenders?

​Establishing harsher and longer sentences for drug crimes

Most low-level drug offenders have complicating issues such as​

​homelessness and poverty

When a prosecutor makes a _________________, they agree to make a deal if the defendant pleads guilty to specific charges, in return for specific concessions from the prosecutor

plea bargain

The primary motivations for hate crime are​

race and sexual orientation

In the 1972 Furman vs. Georgia case the death penalty was found unconstitutional because

​the justices disagreed generally with the practice of executions

The minimum sentence for a capital felony is

life without parole

When someone is executed, their death certificate lists the cause of death as "Death caused by __________."

judicially ordered execution

When someone has been found guilty of a capital offense, how many jurors must agree to the death sentence for it to be carried out?

All of them

In 2013, Texas ran out of pentobarbital for lethal injections so they turned to

​compound pharmacies for custom made pentobarbital

In which case did the Supreme Court rule that the death penalty may not be used for punishment on anyone under 18 years of age?

Roper v. Simmons

Which of the following is true of the death penalty?

Its use has declined across the United States and Texas in recent years

What are the reasons for which Texas imprisons lawbreakers?

To punish, rehabilitate and isolate offenders, and deter crime

The stated purposes of the Texas Department of Criminal Justice include all the following, except to

punish law breakers

As of 2013, the number of Texans incarcerated, on parole, or on probation is approximately

650,000

Approximately ____ of convicted adult criminals end up being re-sentenced to prison after their release

25 percent

The current focus of legislators on rehabilitation and reentry has

succeeded at reducing the rising imprisonment rates of the 1900s

Which of the following states has the highest incarceration rate (number of prisoners per 100,000 residents)?

Texas

Which of the following is true of prisons run by the TDCJ?​

A lack of air-conditioning has led to prisoner deaths

Administrative segregation is another term for​

solitary confinement

According to statistics compiled by the Texas Department of Criminal Justice, two characteristics shared by inmates in state prisons are

poor education levels and substance abuse

When a prisoner re-offends after being released from confinement for a prior offense, it is called​

​recidivism

Prisoners save state and local governments money in the jobs they perform, which have included all except for

​making dorm room furnishings for state universities

Females make up about _____ of the prison population in Texas

8 percent

The two agencies responsible for convicts who serve all or part of their sentence in the community rather than in prison are​

Community Justice Assistance Division and Parole Division

A common barrier to successfully reintegrating prisoners back into society after their release is

​difficulty finding employment

Which is true of county jails in Texas?

Most of them do not offer rehabilitation programs

Which of the following has oversight responsibility for county jails?

Texas Commission on Jail Standards

Texas Crime Victim’s Compensation Fund provides money to victims and their families for​ all of the following, except

representation by an attorney

What percentage of Texas inmates are housed in private prisons?​

Ten percent

Which of the following is true of private prisons in Texas?​

Texas has more privately operated prisons than any other state

Which of the following is not true of juvenile justice in Texas?

Texas has a preference for sending juveniles far away from home to correctional facilities

Juvenile courts are considered __________ rather than criminal courts

civil courts

The term adjudication hearing refers to __________ in juvenile law

a trial

Which of the following is true of juvenile offenders in Texas?

Texas automatically directs 17-year-olds into the adult criminal justice system

Which of the following is not a common problem facing Texas prisons?​

Excessive spending on education for prisoners

Which scientific development has shown that some persons sentenced to death actually did not commit the crime?

DNA testing

In Texas, an individual with a serious mental illness is

​eight times as likely to be incarcerated as to receive treatment

Among the ways that some Texas prisoners may legally communicate with the outside world are

social media websites

TDCJ has a policy of no fraternizing between inmates and correctional staff, but they allow staff and inmates to be "friends" on Facebook because

​it’s too difficult to monitor online sites

Both TDCJ and TJJD collect DNA samples of all inmates convicted of a

felony offense

Rules and procedures in criminal cases in Texas must legally be grounded in the

Fourteenth Amendment’s guarantee that no state can "deprive any person of life, liberty or property without due process of law."

The agency created to investigate negligence and misconduct in a criminal case is the

Texas Forensic Science Commission

Wrongful imprisonment by the state in Texas

has been shown to be a possibility

Between 1989 and 2014 there have been roughly ____________ inmates exonerated across the nation after DNA analysis

315

Why have so many people been convicted of crimes they didn’t commit based on eyewitness identification?

Eyewitnesses can overlook facial features of people of different races, transfer memories of people from different settings, or have poor recall due to stress

For exonerated individuals, the State of Texas​ does not provide

an attorney to sue the state

Regarding race and ethnicity in the Texas criminal justice system

​more than two-thirds of Texas law enforcement agencies targeted minorities for stops and searches

The district attorney (DA) is powerful because she or he has the ability to

​request the court to take one’s life, liberty, or property on behalf of the state

The job of representing the State of Texas in criminal cases belongs to a

​a district attorney

District attorneys in Texas

have at times been found to hide evidence and make improper arguments to juries

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