hello, this is my important quiz for preparing of final. Can you help me to check is it right or wrong? Please could you fix my answer to right? Thank you so much.
P/s: I need that before 12pm tomorrow. Thank you.
1.County level courts created by the Texas Legislature are know as county-courts-at-law or
a. justice of the peace courts.
b. common law courts.
c. constitutional county courts.
d. administrative courts.
e. statutory county courts.
2.The procedure where a criminal defendant agrees to make a plea to the court that he is guilty in order to receive punishment less than the maximum for the offense is called
a. a plea of nolo contendere (no contest).
c. an indictment.
d. a plea bargain.
e. a friend of the court action.
3.In a criminal trial in a state district court in Texas, how many jurors does it take to acquit (find "not guilty") the defendant?
a. just one "not guilty" vote of the 12 jurors.
b. a vote of no less than 6
c. a vote of 7 or more of the 12
d. a vote of 10 out of the 12
e. a unanimous vote of the 12
4. A serious crime such as murder, kidnapping, sexual assault or burglary is called a
b. capital offense.
c. statutory crime.
d. probate matter.
5.The decision rendered by the jury in a trial court is called the
c. charge to the jury.
d. tryer of the fact.
6.The group of questions given by a judge to a trial jury in a civil case to establish facts is called
b. the charge to the jury.
d. an indictment.
f. an information.
h. the petition.
j. special questions.
7.State and county judges in Texas
a. normally are elected to the bench by the voters in their jurisdiction in partisan elections.
b. are all appointed by the governor.
c. serve for life.
d. are all selected by a panel created by the Texas Supreme Court.
e. are selected by the Texas legislature
8.If a person is convicted of the death penalty in Texas, his conviction is automatically appealed to the
a. Fifth Circuit Court of Appeals.
b. Texas Supreme Court
c. Texas Court of Criminal Appeals.
d. Texas court of appeals for the region in which the capital murder case was held.
e. United States Supreme Court.
9.The legislature has divided Texas into 14 state court of appeals districts and established a court of appeals in every district. These courts hear what kind of appeals?
a. Appeals from state district courts only
b. Both civil and criminal case appeals
c. Both state court and federal court appeals that occured in state of federal courts within Texas
d. Civil appeals only in the odd numbered courts of appeals (e.g., First, Third, Fifth, etc.)
e. Capital punishment and other criminal appeals
a. seat a jury in criminal cases but never in civil matters.
b. are made up of judges only.
c. are courts exclusively of original jurisdiction and, hence, seat juries as a matter of court to make determinations of fact in reaching verdicts.
d. often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
e. will, on occasion, seat juries, but only when dealing with cases and controversies dealing with federal questions.
11.Which of the following areas of law do Texas courts NOT consider regardless of their jurisdiction?
b. Provisions of the Texas Constitution
d. Statutes enacted by the Texas legislature
f. Matters pertaining federal law when the incident to be adjudicated occurs within Texas borders
h. Regulations adopted by state agencies
j. Judge-made common law
12.In the process of selecting a trial jury, the attorneys representing each side are given an equal number of "strikes" or "challenges" to eliminate potential jurors whom they, the attorneys representing each side, believe would be inclined to decide against their side for whatever reason (other than race or ethnicity). This type of jury elimination is called
a. res judicata challenges.
b. the habeas corpus challenges.
c. challenges for cause.
d. peremptory challenges.
e. appellate challenges.
13.When, if ever, does the Governor of Texas appoint judges?
b. The governor lacks the power to appoint Texas judges under any circumstance.
d. The governor appoints only the judges of the Texas Supreme Court and Court of Criminal Appeals.
f. The governor may appoint judges to federal district courts that are seated in Texas only.
h. The governor may appoint a judge to serve out an unexpired term for any state court where a vacancy is created by death or resignation.
j. All Texas judges are appointed by the governor.
14.In Texas, judges are usually
a. all appointed to the bench by the Governor.
b. approved by the voters after being appointed to the bench by a committee of the local Bar.
c. appointed to the bench by the President with the approval of the Senate.
d. appointed to the bench under the Missouri Plan.
e. elected to the bench by the voters.
15.A commonly used form of alternative dispute resolution used in the Texas judicial system is known as
16. The Texas legislature has given special jurisdiction to certain courts in proceedings involving the estates of decedents. The type of law dealing with these matters is known as
b. tort law.
d. small claims law.
f. contract law.
h. probate law.
j. administrative law.
17.The preliminary examination which the judge and attorneys make in a trial of prospective jurors to determine their qualification and suitability to serve as jurors for the trial jury is called
b. direct examination.
c. stare decisis.
d. the charge to the jury.
e. voir dire.
18. In a purely hypothetical situation, I shoot my husband to death in our home in Sugar Land after thinking about it and planning it for several weeks. I took my .357 Magnum Smith&Wesson, loaded it with magnum load, hollow-point bullets, and emptied all six rounds into his body (a rather brutal, painful, bloody murder). Based on that information, can I be sentenced to death for capital murder in Texas?
a. Yes, because it was a particularly heinous and premeditated murder
b. Yes, because I murdered him
c. No, because my husband was not a police officer nor a firefighter on duty; nor, before killing him, did I kidnap him, rob her, sexually assault him, commit arson to kill him, nor kill my neighbor who walked into the house just after I murdered my spouse, necessary element under Texas law to trigger capital murder (death penalty) charges
d. against your professor (no lethal injection for me!)
e. Yes, because I killed him with a gun
f. Yes, simply because I committed murder
19.Members of the Texas Supreme Court are
b. normally elected to the bench by the voters of Texas.
d. always appointed to the bench by the governor of Texas.
f. appointed for a life term by a vote of the plural executive.
h. always appointed to the bench by the president of the United States.
j. elected to the bench by the Texas Senate in a vote of the full Senate under the authority of their advice and consent power.
20. How many constitutional county courts are there in Texas?
21. Courts with only original jurisdiction (i.e., a trial court) hear and resolve cases heard for the first time based only upon the facts that are presented in evidence before
a. an appellate court.
b. a special prosecutor.
c. an adjudication hearing.
d. a dispute resolution hearing.
e. the "tryer of fact" (the jury or the judge).
22. When a criminal trial jury is unable to reach a unanimous verdict, what declaration will the trial judge issue?
f. JNOV (judgment notwithstanding the verdict)
h. Voir dire
j. Mistrial (for a "hung jury")
23. The method of judicial selection (a model not used by Texas) in which a nominating committee appointed by the governor nominates candidates for a judicial vacancy, the governor then appoints one for a term of office and during the next general election he/she runs unopposed on a nonpartisan ballot is called
a. the Texas Plan.
b. the Cafeteria Plan.
c. the Missouri Compromise.
d. the Missouri Plan
e. the California Plan.
24.A serious crime which can be punished by fine, confinement in prison, or even death is called a
d. criminal violation.
e. probate matter.
25. The role of an appellate court is to
a. study new or unpresented evidence which could help those the judges believe to be truly innocent.
c. look for errors made in the application of the law by a lower court based upon the written record provided by the lowercourt..
e. to make sure that a criminal defendant has every possible chance in every situation no matter what the circumstances to prove his innocence.
g. examine new evidence presented to it.
i. to listen to and weigh the opinions and rulings from the appellate jury selected to hear the case in the appellate court.
26.Most district courts in Texas are authorized to try
a. both civil and criminal cases.
b. civil cases only.
c. criminal cases only.
d. probate cases.
e. federal cases.
27.Municipal courts are operated by
a. appellate jurisdictions.
b. the Supreme Court of Texas.
e. the federal government.
28.County courts in Texas, both statutory and constitutional, can handle what type of criminal cases?
a. cases involving federal questions
b. misdemeanors, such as DWI cases
c. either misdemeanors or felonies
d. capital murder cases
e. felonies, such as capital murders
29.Only two states have two courts at the state supreme level (also known as a "bifurcated system"), Oklahoma and
30.Who writes the "charge to the jury?"
b. The grand jury foreperson
d. The district clerk
f. The trial judge
h. The foreperson of the trial jury
j. The defense attorney
31.The person who brings the allegations or changes against another in a trial is called the
32.The term "court of record" means that
a. the decisions of the judges and their written, legal opinions, are recorded and published in law books.
b. the court has a success record that is recognized and acknowledged by the U.S. Supreme Court and the Attorney General of the United States.
c. cases may not be appealed from these courts.
d. a transcript of the court proceedings (such as everything that is said by the judge, the lawyers, and all the witnesses) is made by a court stenographer and preserved.
e. proceedings are video-taped and release to the public and the news media.
33.The type of district court verdict that is automatically and directly appealed to the Texas Court of Criminal Appeals (bypassing the intermediate regional court of appeasl) is that of
b. a capital felony conviction with imposed death sentence.
d. a personal injury case involving the death of the victim.
f. any first degree felony conviction.
h. any felony criminal case.
j. case involving issues of patent and copyrights.
34.The process of selecting a trial jury, known as voir dire, is
a. handled exclusively and totally by the trial judge.
b. a process of elimination, essentially in that after challenges have removed potential juries from the jury panel the first 12 remaining are selected to serve on the jury.
c. used only in cases involving federal questions.
d. used only when picking juries for appellate cases.
e. handled by judges from the appellate court branch of the state's judicial system.
35.There are never any juries in a
a. state trial court.
b. court of appellate jurisdiction.
c. federal trial court.
d. county court-at-law.
e. court of originaljurisdiction.
36. To file a case in a civil court in Texas, the plaintiff must first file a(n)____________ with the court.
37.County-Courts-at-Law in Texas are also known as statutory county courts because they are created by
b. the Texas Supreme Court.
d. the Texas Constitution.
f. the Texas Legislature.
h. the U.S. Constitution.
j. the governor.
38.A body empanelled by a district judge to sit and consider felony criminal cases presented by the prosecutor for possible indictment by that body (where then the indicted individual goes to trial in a district court in the given jurisdiction) is known as a(n)
d. petit jury.
f. hung jury.
h. trial jury.
j. tryer of fact.
l. grand jury.
39.In a civil trial in a state district court in Texas, how many jurors does it take to decide the outcome of the case?
b. a unanimous vote of the 12
d. a vote of 7 or more of the 12
f. a vote of no less than 6
h. None because all verdicts are determined by trial judges in civil district courts in Texas
j. a vote of 10 out of the 12
40.In Texas, the trial court which hears felony criminal cases is
a. the county commissioners court.
b. municipal court.
c. the district court.
d. the constitutional county court or a county court-at-law.
e. the justice of the peace court.
41.How many intermediate level appellate courts called Courts of Appeals are there in Texas in the state judicial system?
42.A proceeding in a court of last resort (made up solely of judges, no juries) where a lower court's decision is being reviewed for errors made in the application of the law is called a/an
a. judicial review.
43.You've lost in your trial. You've been convicted of felony auto theft in state district court in Houston. You've appealed to the First Court of Appeals in Houston and lost in that court also. So, you plan to appeal to one of Texas' highest courts of appeals. Where are you going to file your appeal?
a. either the Texas Supreme Court or Court of Criminal Appeals, whichever has room on its docket
b. to the nearest federal district court
c. you can appeal your case no further since you lost in the intermediate appellate court level
d. Texas Court of Criminal Appeals
e. Texas Supreme Court
44. Your neighbor borrowed your new lawn mower and used it to trim his rock garden thus destroying it. Your lawn mower which cost you $100 at Home Depot. Your neighbor refuses to pay for it. You have to sue him in a Texas court to be compensated for your loss. What court will you go to?
a. The Texas Supreme Court
b. A court of appeals
c. A probate court
d. A justice-of-the-peace court
e. District court
45.Law that defines behavior which is against the public order and provides for punishment in the form of deprivation of life or personal freedoms is called
b. criminal law
d. statutory law.
f. civil law.
h. common law.
j. constitutional law.
46. Which of the following bodies are involved in regulating the state's lawyers in Texas?
a. The State Bar of Texas solely
b. The Texas Commission on Law Enforcement Standards and Education
c. The Texas Supreme Court solely
d. The Texas Courts of Appeals
e. Both the State Bar of Texas and the Texas Supreme Court
47.The state courts of Texas adjudicate what types of matters?
a. Civil law matters only
b. Matters of federal law
c. Criminal law matters only
d. Matters of federal or Texas law
e. Matters of Texas law only
48.District judges in Texas serve
a. for no more than three four-year elective terms (maximum service on the state district bench limited to no more than 12 years by state term limits).
b. for a four-year term, elected in a non-partisan election.
c. for life.
d. for a six-year elective term of office.
e. for four year elective terms of office, elected in partisan elections, no term limits.
49.Which of the following judges in Texas is NOT required to be a lawyer?
a. County-court-at-law judge.
b. A member of the Texas Court of Criminal Appeals
c. District court judge.
d. Judge on one of the 14 regional courts of appeals
e. County judge (sitting on the constitutional county court)
50.Tort cases are handled in
a. municipal courts only.
b. civil courts only.
c. bifurcated courts only.
d. criminal courts only.
e. federal courts only.
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