Chapter 9 The Judiciary

Question 1

The tragic story of Texas’s 5th Court of Appeals Justice David Lewis illustrates

Answer 1

the politics of the Texas judiciary as well as issues of discipline of the state’s judges

Question 2

It appears to some critics that the Texas criminal justice system has deep flaws such as

Answer 2

Texas judges are elected in partisan elections.
Judges have to make political calculations in seeking office.
Judgeships are intensely political.
A substantial portion of judges initially obtain office as a result of an appointment by the governor (to new judgeships or to judicial vacancies).
Example: appointment of Jason Boatwright to replace David Lewis

Question 3

Courts are responsible for

Answer 3

securing liberty and equality under the law.

Question 4

Judges in Texas are

Answer 4

elected

Question 5

Voters and interest groups are

Answer 5

involved

Question 6

Texas’s large and complex court structure consists of

Answer 6

courts with overlapping jurisdiction and courts with specialized jurisdiction.

Question 7

The Texas Supreme Court is

Answer 7

the highest civil court in the state.

Question 8

The Texas Supreme Court has

Answer 8

Nine justices
Civil and juvenile cases only
Final appellate jurisdiction in state
Minimal requirements for being a Texas Supreme Court justice
Six-year term; at least three justices elected every two years
Salary of $168,000 per year

Question 9

The only requirements for being a Texas Supreme Court justice (and for being a judge in the Texas Court of Criminal Appeals) are

Answer 9

that one must be a U.S. citizen and a resident of Texas, be at least 35 years of age, and have been either a practicing lawyer or judge for at least 10 years.

Question 10

It is the highest civil court in Texas

Answer 10

The Texas Supreme Court

Question 11

How many justices do the courts consists of?

Answer 11

9

Question 12

It is the highest criminal court in the state.

Answer 12

The Texas Court of Criminal Appeals

Question 13

In the Texas Court of Criminal Appeals, nine judges have

Answer 13

the same pay, terms, and qualifications as for the Supreme Court.

Question 14

What kind of authority does the Texas Court of Criminal Appeals have over criminal cases?

Answer 14

Appellate authority

Question 15

The Texas Court of Criminal Appeals has jurisdiction over

Answer 15

automatic appeals in death penalty cases

Question 16

Usually, initial appeals are heard by

Answer 16

one of the 14 other courts of appeal in Texas.

Question 17

Both the Texas Supreme Court and the Texas Court of Criminal Appeals have

Answer 17

appellate jurisdiction, meaning they have the authority to review decisions of lower courts and have the power to order that a case be retried

Question 18

Most appeals, however, are first heard by

Answer 18

one of the other 14 courts of appeal, usually by panels of three judges.

Question 19

In November 2018, Michelle Slaughter was

Answer 19

elected to Place 8 to replace retiring judge Elsa Alcala (left).

Question 20

The major trial courts in Texas are

Answer 20

the district courts.

Question 21

they hear a broad range of civil and criminal cases (felonies, divorces, land disputes, etc.).

Answer 21

General jurisdiction

Question 22

Each Texas county has a

Answer 22

county judge

Question 23

Each Texas county presides over

Answer 23

the county commissioners’ court and has responsibilities for county government and over the county court.

Question 24

jurisdiction in some probate cases and serious misdemeanor criminal offenses

Answer 24

County courts

Question 25

District courts usually have general jurisdiction; however, in urban counties,

Answer 25

some district courts with specialized jurisdiction hear only civil, criminal, juvenile, or family law matters, while those with general jurisdiction hear felony criminal cases, divorces, land disputes, election contests, and civil lawsuits.

Question 26

created to address particular crimes or to serve particular populations.

Answer 26

Specialty courts

Question 27

Among the most common specialty courts in Texas are

Answer 27

veteran courts

Question 28

Specialty courts focus on

Answer 28

rehabilitation and attempt to address the underlying causes of repeat offenses.

Question 29

How many specialty courts were there in Texas, in fiscal year 2016?

Answer 29

191

Question 30

Out of the 191 specialty courts in Texas (2016), what was the percentage of them being drug courts?

Answer 30

43 percent

Question 31

The creation of these specialty courts is rooted in the fact that there are

Answer 31

many offenders who continually recycle through the system

Question 32

At least in reference to drug courts, the evidence does show that

Answer 32

specialty courts can be a significant tool in preventing the criminal justice system from being a revolving door for offenders.

Question 33

Larger counties in Texas have

Answer 33

statutory county courts at law.

Question 34

Statutory courts at law tend to hear

Answer 34

hear less serious cases, and jurisdiction varies significantly

Question 35

In the most urban areas, courts known as

Answer 35

statutory probate courts have been created.

Question 36

Each county in Texas has between one and eight

Answer 36

justice of the peace precincts

Question 37

are local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors

Answer 37

Justice of the peace courts

Question 38

specialized courts whose jurisdiction is limited to probate matters (relating to the disposition of property of deceased persons) and guardianship matters

Answer 38

Statutory probate courts

Question 39

Unlike any other judges in Texas except for the county judges (who are usually administrators), most justices of the peace lack

Answer 39

legal credentials

Question 40

In each of the incorporated cities of Texas, the legislature has created

Answer 40

municipal courts

Question 41

Municipal courts have jurisdiction over

Answer 41

violations of city ordinances

Question 42

Municipal judges may issue

Answer 42

search and arrest warrants, but they have only limited civil jurisdiction.

Question 43

Municipal courts function primarily as

Answer 43

traffic courts

Question 44

a regulation enacted by a city government in each of Texas’s incorporated cities and towns

Answer 44

ordinance

Question 45

deals with disputes between private individuals.

Answer 45

Civil law

Question 46

The remedy in a civil lawsuit is often for

Answer 46

the offending party to pay compensation to the injured party.

Question 47

involves the violation of criminal statutes.

Answer 47

Criminal law

Question 48

If guilty, punishment can involve

Answer 48

the loss of liberty or life

Question 49

Recall that the Texas Supreme Court deals with

Answer 49

matters of civil law

Question 50

and the Texas Court of Criminal Appeals deals with

Answer 50

matters of criminal law

Question 51

In civil law an aggrieved person files a complaint against

Answer 51

the person accused of causing harm.

Question 52

In civil law the defendant will file an answer explaining

Answer 52

why the allegations are not valid.

Question 53

In civil law the aggrieved person may be able to obtain

Answer 53

the services of a lawyer on a contingent fee basis.

Question 54

In civil law the standard of proof the plaintiff must meet is

Answer 54

the preponderance of the evidence.

Question 55

a fee paid to the lawyer in a civil case that is contingent on winning the case

Answer 55

Contingent fee

Question 56

the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff

Answer 56

Preponderance of the evidence

Question 57

What cases are time consuming and expensive?

Answer 57

civil cases

Question 58

It is increasingly common to try to negotiate a settlement through

Answer 58

mediation or arbitration

Question 59

the parties agree to present their case to a decision maker and to be bound by the decision

Answer 59

Arbitration

Question 60

the parties try to reach a compromise resolution without going to trial.

Answer 60

Mediation

Question 61

Mediation is especially popular because

Answer 61

parties are not forced into a particular decision, as they would be with arbitration

Question 62

Mediation and arbitration

Answer 62

are methods of resolving disputes without the cost (and risk) of going to trial

Question 63

In criminal cases the state alleges a violation of criminal law and is represented by a

Answer 63

prosecutor

Question 64

In criminal cases most criminal defendants are found

Answer 64

guilty

Question 65

In criminal cases indigent criminal defendants are commonly represented by

Answer 65

court-appointed lawyers

Question 66

Some issues in criminal cases consists of

Answer 66

quality, time, and money

Question 67

What is a capital case?

Answer 67

a case in which the death penalty is a possible punishment

Question 68

In case of a ________ prior to the trial there will be an indictment by a grand jury.

Answer 68

serious criminal offence, or felony, and of lesser offenses known as misdemeanors

Question 69

How many people does the grand jury consists of?

Answer 69

12

Question 70

What does the grand jury use to determine whether they can justify a trial?

Answer 70

sufficient evidence

Question 71

If jurors decide a trial is warranted, they will issue an

Answer 71

indictment

Question 72

What is an indictment?

Answer 72

a written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted

Question 73

An indictment is also known as a

Answer 73

true bill

Question 74

.” If a grand jury does not believe a trial is warranted, the jury

Answer 74

issues a “no bill” decision

Question 75

The suspect in a criminal case has the right to trial by jury but may waive that right and undergo a

Answer 75

bench trial before the judge only

Question 76

Often, a suspect will engage in a

Answer 76

a plea bargain

Question 77

How many members do felony juries have?

Answer 77

12

Question 78

How many members do misdemeanor juries have?

Answer 78

6

Question 79

The verdict must be

Answer 79

unanimous

Question 80

With criminal cases, the evidentiary threshold is

Answer 80

beyond a reasonable doubt

Question 81

What is a plea bargain?

Answer 81

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Question 82

If the defendant is found guilty

Answer 82

a separate hearing is held for sentencing

Question 83

The defendant may also appeal a

Answer 83

verdict

Question 84

An appeal may allege, for example,

Answer 84

a trial error that effected the outcome

Question 85

. In rare cases, a prosecutor may also

Answer 85

appeal

Question 86

Elections are _____ in Texas judiciary.

Answer 86

partisan

Question 87

Often, trial lawyers back Democratic judges, who are more likely to lean

Answer 87

liberal, or pro-plaintiff

Question 88

Civil defense lawyers may back Republican judges, who are more likely to be

Answer 88

conservative, or pro-defendant

Question 89

Prosecutors’ offices can be

Answer 89

political

Question 90

Civil defense lawyers will often align themselves with

Answer 90

business and professional groups to support particular judges

Question 91

One difference between the campaigns of civil court judges and the campaigns of criminal court judges is

Answer 91

the amount of money involved

Question 92

A candidate for the Texas Supreme Court may raise around _____ for a campaign.

Answer 92

$100,000

Question 93

The difference between the campaigns of civil court judges and criminal court judges has much to do with the relatively

Answer 93

low incomes of criminal defense lawyers and prosecutors

Question 94

races for the Texas Supreme Court, which deals with civil cases rather than criminal cases, garner more

Answer 94

attention from those with money to contribute

Question 95

The initial appointment of judges comes from the

Answer 95

governor

Question 96

A large percentage of judges initially get on the ____ through appointment.

Answer 96

bench

Question 97

Currently, about ____ of appellate judges and _____ of trial judges initially gained the bench through appointment.

Answer 97

55 percent ; 37 percent