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Chapter 8: The Judiciary and the System of Justice
True/False Questions
1. Judges, like legislators and other elected officials, cannot completely detach themselves from the
political process.
2. The notion that what judges do is not political is a well-polished myth.
3. According to the authors, judges are politicians in black robes.
4. One of the Attorney General’s functions is to render advisory opinions on the legality of proposed
actions, rules, and laws.
5. One of the functions of the Attorney General’s Office is to render advise to state and local
government agencies as to what information is covered on the Open Records Law.
6. The majority of lawyers in Texas are minorities, either women, Hispanics, or Afro Americans.
7. With the exception of municipal judges, all judges in Texas are appointed.
8. The Texas Judicial system is characterized as disorganized with jurisdictions frequently
overlapping and confused.
9. The majority of cases handled in municipal courts are related to traffic offenses.
10. Judges of municipal courts are elected in most cities.
11. Municipal courts have only criminal jurisdiction involving class C misdemeanors and violations
of city ordinances.
12. Justice of the Peace Court judges are required to be attorneys.
13. Justice of the Peace Courts have both civil jurisdiction and criminal jurisdiction.
14. All elected trial court judges in Texas serve four-year terms.
15. Each county in Texas is required to have a constitutional county court.
16. Special county courts called county courts-at-law have been established in 84 counties, having
extended civil jurisdiction.
17. The courts that have exclusive jurisdiction over felonies are the district courts.
18. Both county court-at–law and district judges must be attorneys.
19. At least one court in each county must be designated as a juvenile justice court.
20. Judges of the appellate courts in Texas serve six-year overlapping terms.
21. The Courts of Appeals review cases in panels of three judges under normal circumstances.
22. The Chief Justice of the Texas Supreme Court assigns cases to the Courts of Appeals.
23. Texas has two supreme courts. One court hears criminal cases and the other hears civil cases.
24. The Texas Supreme Court is responsible for the licensing of attorneys in Texas.
25. Grand Jurors are selected on the basis of a random selection process.
26. The majority of states select their judges by election.
27. Partisan affiliation is the most predictable means of determining the philosophical preferences of
candidates.
28. The term “civil rights” refers to a citizen’s rights to be treated fairly and equally under the law.
29. Texas courts have been deeply concerned in the past with protecting the civil rights of members
of minority groups.
30. The Edgewood v Kirby case in 1987 ruled that Texas was meeting the requirements to provide an
equal education regardless of income status.
31. The Texas Constitution requires the state to provide both equal rights and an “efficient” system of
public education.
32. The “Robin Hood Law” was designed to provide state funds to support low income public school
districts.
33. The Texas legislature used the state’s budget surplus to avoid a show-down with the court system
over public school finance.
35. The Texas criminal justice system does an effective job of providing a fair trial to every
defendant.
Multiple Choice Questions
1. Which of the following statements is not true concerning the role of the Attorney General in the
state’s legal system?
A. the Attorney General is the states chief legal officer
B. the Attorney General is the state’s chief prosecutor
C. the Attorney General renders legal opinions on such matters as proposed actions and laws
D. the Attorney General advises local governments on the Open Records Law
2. Which statement is true?
A. all attorneys in Texas must be licensed by the State Bar of Texas
B. all attorneys in Texas must belong to and pay dues to the State Bar of Texas
C. all attorneys are subject to disciplinary action by the State Bar of Texas
D. all of the above are true statements
3. The Texas Constitution requires that judges to all except which of the following courts be
elected?
A. justice of the peace courts
B. municipal courts
C. county courts
D. Texas Supreme Court
4. Justice of the Peace courts have jurisdiction over
A. Class A misdemeanors that are violations of federal laws committed within the city limits.
B. class C misdemeanors and civil cases where the amount in dispute is less than $5000
C. civil suits between two individuals where the amount in question is greater than $5000
D. third-degree felonies committed within the city limits.
5. Justices of the Peace have the authority to
A. try class C misdemeanors
B. hear minor civil cases
C. marry people
D. all of the above
6. County courts can hear which of the following types of cases?
A. all misdemeanors
B. class “C” misdemeanors
C. class “A & B” misdemeanors
D. felonies
7. Texas District Courts have sole jurisdiction over which type of case?
A. class C misdemeanors
B. class A & B misdemeanors
C. all felonies
D. civil cases
8. Mid-term vacancies in justice and county courts are filled by:
A. appointment by the governor
B. appointment by the county judge
C. special elections
D. appointment by the county commissioner’s court of the county
9. You have been tried and convicted in a county court of a class B misdemeanor. If you wish to
appeal the case, to which court would you attempt to appeal?
A. District Court
B. the Court of Appeals for your district
C. the Texas Supreme Court
D. the Texas Court of Criminal Appeals
10. The Courts of Appeals do not have jurisdiction over
A. all criminal appeals from either the county courts or the district courts
B. all civil appeals from either the county courts or the district courts
C. cases involving the imposition of capital punishment
D. cases involving the constitutionality of laws
11. The Texas court with final jurisdiction on civil cases is the
A. Court of Criminal Appeals
B. Court of Appeals
C. Texas Supreme Court
D. District Courts
12. Grand Jury selection differs from that of petit (trial) juries in which of the following ways?
A. membership is determined by random drawing
B. membership is recommended by a committee appointed by the district judge charged with
creating the grand jury, with the judge having the authority to strike, but not add, names to the list
C. members are appointed by the District Attorney
D. members are appointed by the District Judge charged with empanelling a grand jury
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13. When a person agrees to plead guilty in return for a lesser punishment, that person is making a
A. common plea
B. cop-out
C. plea bargain
D. false statement
14. The principal police agency in Texas is known as the
A. Department of Public Safety
B. Texas Rangers
C. Texas State Police
D. Texas Sheriffs Association
15. Which of the following is cited as reasons that the Texas judicial system does not function
efficiently?
A. there are too many cases for the courts to handle effectively
B. the system of partisan elections may cause judges to avoid difficult cases
C. the need to raise campaign cash causes questions about the impartially of the judges
D. all of the above
16. The Texas Fair Defense Act of 2001 attempted to remedy the problem of unequal justice by
establishing
A. a public defender system for all felonies with the state providing some funding
B. a requirement that all appointed judges meet a minimum standard of ability
C. limits on death appeals
D. uniform sentencing guidelines
17. Among the basic civil rights mentioned in the textbook are
A. the right to equal treatment under the law
B. the right to participate in the political process
C. the right to free speech and expression
D. all of the above
18. Which of the following statements is most correct concerning the Texas legislature’s response to
the ruling by the Texas Supreme Court that the public school financing system violated the Texas
Constitution?
A. the legislature immediately moved to correct the problems
B. there have been numerous efforts and half-efforts, but none have proven successful.
C. the legislature has not dealt with the problem and the courts may close the schools
D. as of the writing of the textbook, the legislature has temporarily solved the most immediate
problems, but a long-term solution has not been achieved
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54. Which of the following are currently problems with the Texas criminal justice system?
A. innocent people have been convicted of crimes that they did not commit
B. guilty people have been allowed to make plea bargains and are on the streets too soon
C. there are not enough courts and judges to handle the problem efficiently
D. all of the above
Essay Questions
1. What are the two schools of thought concerning the method of judicial selection? What problems
arise with each?
2. What are the three types of trial courts in Texas? What is the basic jurisdiction of each? How are
the judges of each selected?
3. What is the structure of the Texas appellate courts? How does this differ from that of most of the
other states in the Union? How are the judges of each selected?
4. What are the main issues facing the Texas judiciary? How has the legislature responded to one of
these issues?
5. What are the two types of juries used in Texas and how is each selected? Does the traditional
method of selecting trial juries insure that the poor are equally treated?
6. What factors account for the fact that the wealthy and the non-wealthy may receive very different
justice in Texas courts? How has the legislature responded in the area of legal representation for
the poor criminal defendant?