GOV2306 test 4

Most state district courts in Texas are authorized to try

Choose one answer.

	a. criminal cases only.
	b. both civil and criminal cases.
	c. federal cases.
	d. civil cases only.
	e. probate cases.

Question2

Marks: 2

If a person is convicted of the death penalty in Texas, his
conviction is automatically appealed to the

Choose one answer.

	a. United States Supreme Court.
	b. Texas Supreme Court
	c. Texas court of appeals for the region in which the capital murder case was held.
	d. Texas Court of Criminal Appeals.
	e. Fifth Circuit Court of Appeals.

Question3

Marks: 2

County-Courts-at-Law in Texas are also known as statutory county
courts because they are created by

Choose one answer.

	a. the Texas Legislature.
	b. the U.S. Constitution.
	c. the Texas Supreme Court.
	d. the governor.
	e. the Texas Constitution.

Question4

Marks: 2

Probate law deals with

Choose one answer.

	a. the disposition of a deceased person’s property and wishes (i.e., wills and estates).
	b. issues of patent and copyrights.
	c. criminal issues.
	d. personal injury matters.
	e. divorce and custody issues.

Question5

Marks: 2

The role of an appellate court is to

Choose one answer.

	a. study new or unpresented evidence which could help those the judges believe to be truly innocent.
	b. examine new evidence presented to it.
	c. to listen to and weigh the opinions and rulings from the appellate jury selected to hear the case in the appellate court.
	d. look for errors made in the application of the law by a lower court based upon the written record provided by the lower court..
	e. to make sure that a criminal defendant has every possible chance in every situation no matter what the circumstances to prove his innocence.

Question6

Marks: 2

How many constitutional county courts are there in Texas?

Choose one answer.

	a. 200
	b. 254
	c. 31
	d. 435
	e. 80

Question7

Marks: 2

How many intermediate level appellate courts called Courts of
Appeals are there in Texas in the state judicial system?

Choose one answer.

	a. 14
	b. 12
	c. 10
	d. 13
	e. two

Question8

Marks: 2

In Texas, the trial court which hears FELONY criminal cases is

Choose one answer.

	a. municipal court.
	b. the constitutional county court or a county court-at-law.
	c. the justice of the peace court.
	d. the county commissioners court.
	e. the district court.

Question9

Marks: 2

The person who brings the allegations or changes against another
in a trial is called the

Choose one answer.

	a. judge.
	b. plaintiff.
	c. defendant.
	d. appellant.
	e. witness.

Question10

Marks: 2

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?

Choose one answer.

	a. Both civil and criminal case appeals
	b. Capital punishment and other criminal appeals
	c. Appeals from state district courts only
	d. Civil appeals only in the odd numbered courts of appeals (e.g., First, Third, Fifth, etc.)
	e. Both state court and federal court appeals that occured in state of federal courts within Texas

Question11

Marks: 2

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

Choose one answer.

	a. the Texas Plan.
	b. the Missouri Plan
	c. the Missouri Compromise.
	d. the Cafeteria Plan.
	e. the California Plan.

Question12

Marks: 2

In the Texas criminal justice system, __________ are appealed
automatically and directly to the Court of Criminal Appeals.

Choose one answer.

	a. both civil and criminal cases
	b. all guilty verdicts
	c. results of mediations
	d. capital murder convictions
	e. all convictions resulting in prison sentences

Question13

Marks: 2

Which of the following areas of law do Texas state courts NOT
consider regardless of their jurisdiction?

Choose one answer.

	a. Matters pertaining FEDERAL law even when the incident to be adjudicated occurs within Texas borders
	b. Regulations adopted by state agencies
	c. Statutes enacted by the Texas legislature
	d. Judge-made common law
	e. Provisions of the Texas Constitution

Question14

Marks: 2

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?

Choose one answer.

	a. Texas Court of Criminal Appeals
	b. you can appeal your case no further since you lost in the intermediate appellate court level
	c. to the nearest federal district court
	d. either the Texas Supreme Court or Court of Criminal Appeals, whichever has room on its docket
	e. Texas Supreme Court

Question15

Marks: 2

To file a case in a civil court in Texas, the plaintiff must first
file a(n)____________ with the court.

Choose one answer.

	a. writ.
	b. petition.
	c. answer.
	d. warrant.
	e. indictment

Question16

Marks: 2

A serious crime such as murder, kidnapping, sexual assault or
burglary is called a

Choose one answer.

	a. statutory crime.
	b. capital offense.
	c. felony.
	d. probate matter.
	e. misdemeanor.

Question17

Marks: 2

When a criminal trial jury is unable to reach a unanimous verdict,
what declaration will the trial judge issue?

Choose one answer.

	a. Remand
	b. Replevin
	c. JNOV (judgment notwithstanding the verdict)
	d. Mistrial (for a “hung jury”)
	e. Voir dire

Question18

Marks: 2

Municipal courts are operated by

Choose one answer.

	a. cities.
	b. appellate jurisdictions.
	c. counties.
	d. the Supreme Court of Texas.
	e. the federal government.

Question19

Marks: 2

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

Choose one answer.

	a. the habeas corpus challenges.
	b. res judicata challenges.
	c. appellate challenges.
	d. challenges for cause.
	e. peremptory challenges.

Question20

Marks: 2

In a civil trial in a state district court in Texas, how many
jurors does it take to decide the outcome of the case?

Choose one answer.

	a. None because all verdicts are determined by trial judges in civil district courts in Texas
	b. a vote of 10 out of the 12
	c. a vote of 7 or more of the 12
	d. a vote of no less than 6
	e. a unanimous vote of the 12

Question21

Marks: 2

State and county judges in Texas

Choose one answer.

	a. are selected by the Texas legislature.
	b. usually are elected to the bench by the voters in their jurisdiction in partisan elections.
	c. are ALL appointed by the governor.
	d. serve for life.
	e. are all selected by a panel created by the Texas Supreme Court.

Question22

Marks: 2

The state courts of Texas adjudicate what types of matters?

Choose one answer.

	a. Matters of federal or Texas law
	b. Matters of federal law
	c. Civil law matters only
	d. Criminal law matters only
	e. Matters of Texas law only

Question23

Marks: 2

County courts in Texas, both statutory and constitutional, can
handle what type of criminal cases?

Choose one answer.

	a. cases involving federal questions
	b. misdemeanors, such as DWI cases
	c. felonies, such as capital murders
	d. capital murder cases
	e. either misdemeanors or felonies

Question24

Marks: 2

In Texas, state judges (trial and appellate) are usually

Choose one answer.

	a. all appointed to the bench by the Governor.
	b. appointed to the bench under the Missouri Plan.
	c. elected to the bench by the voters.
	d. approved by the voters after being appointed to the bench by a committee of the local Bar.
	e. appointed to the bench by the President with the approval of the Senate.

Question25

Marks: 2

A commonly used form of adternative dispute resolution used in the
Texas judicial system is known as

Choose one answer.

	a. mediation.
	b. exclusive jurisdiction.
	c. adjudication.
	d. bifurcation.
	e. partisan election.

Marks: 2

County courts created by the Texas Legislature are know as
county-courts-at-law or

Choose one answer.

	a. constitutional county courts.
	b. statutory county courts.
	c. justice of the peace courts.
	d. common law courts.
	e. administrative courts.

Question27

Marks: 2

The group of questions given by a judge to a trial jury in a civil
case to establish facts is called

Choose one answer.

	a. the challenge to the jury.
	b. an information.
	c. the petition.
	d. an indictment.
	e. special questions.

Question28

Marks: 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

Choose one answer.

	a. a plea bargain.
	b. a friend of the court action.
	c. an indictment.
	d. parole.
	e. a plea of nolo contendere (no contest).

Question29

Marks: 2

A body empanelled by a district judge to sit and consider felony
criminal cases presented by the prosecutor for possible indictment and then
trial in a district court in a given jurisdiction is known as a

Choose one answer.

	a. petit jury.
	b. grand jury.
	c. hung jury.
	d. tryer of fact.
	e. trial jury.

Question30

Marks: 2

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

Choose one answer.

	a. cross-examination.
	b. voir dire.
	c. the charge to the jury.
	d. stare decisis.
	e. direct examination.

Question31

Marks: 2

The written decision in a trial is prepared by the judge and is
called the _______ of the court.

Choose one answer.

	a. selection
	b. opinion
	c. judgment
	d. mediation
	e. verdict

Question32

Marks: 2

Which of the following judges in Texas is NOT required to be a
lawyer?

Choose one answer.

	a. A member of the Texas Court of Criminal Appeals
	b. Judge on one of the 14 regional courts of appeals
	c. County-court-at-law judge.
	d. District court judge.
	e. County judge (sitting on the constitutional county court)

Question33

Marks: 2

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

Choose one answer.

	a. constitutional law.
	b. statutory law.
	c. criminal law
	d. common law.
	e. civil law.

Question34

Marks: 2

Members of the Texas Supreme Court are

Choose one answer.

	a. normally elected to the bench by the voters of Texas.
	b. appointed for a life term by a vote of the plural executive.
	c. elected to the bench by the Texas Senate in a vote of the full Senate under the authority of their advice and consent power.
	d. always appointed to the bench by the governor of Texas.
	e. always appointed to the bench by the president of the United States.

Question35

Marks: 2

When, if ever, does the Governor of Texas appoint judges?

Choose one answer.

	a. The governor lacks the power to appoint Texas judges under any circumstance.
	b. All Texas judges are appointed by the governor.
	c. The governor may appoint a judge to serve out an unexpired term for any state court where a VACANCY is created during a term of office by death or resignation.
	d. The governor may appoint judges to federal district courts that are seated in Texas only.
	e. The governor appoints only the judges of the Texas Supreme Court and Court of Criminal Appeals.

Question36

Marks: 2

The process of selecting a trial jury, known as voir dire, is

Choose one answer.

	a. essentially a process of eliminationy in that after challenges (“challenges for cause” and “peremptory challenges”) have removed potential jurors from the jury panel the first 12 remaining are selected to serve on the jury.
	b. used only when picking juries for appellate cases.
	c. handled by judges from the appellate court branch of the state’s judicial system.
	d. handled exclusively and totally by the trial judge.
	e. used only in cases involving federal questions.

Question37

Marks: 2

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?

Choose one answer.

	a. A court of appeals
	b. A justice-of-the-peace court
	c. District court
	d. The Texas Supreme Court
	e. A probate court

Question38

Marks: 2

Which of the following bodies are involved in regulating the
state’s lawyers in Texas?

Choose one answer.

	a. The Texas Commission on Law Enforcement Standards and Education
	b. The Texas Courts of Appeals
	c. BOTH the State Bar of Texas and the Texas Supreme Court
	d. The Texas Supreme Court solely
	e. The State Bar of Texas solely

Question39

Marks: 2

In a purely hypothetical situation, I shoot my wife 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 her (a rather brutal
murder). Based on that information, can I be sentenced to death for capital
murder in Texas?

Choose one answer.

	a. No, because she was not a police officer or firefighter on duty; nor, before killing her, did I kidnap her, rob her, sexually assault her, commit arson to kill her, or kill my neighbor who walked into the house just after I murdered my wife (no lethal injection for me!)
	b. Yes, because it was a particularly heinous and premeditated murder
	c. Yes, because I murdered my wife
	d. Yes, simply because I committed murder
	e. Yes, because I killed her with a gun

Question40

Marks: 2

A common form of alternative dispute resolution used in Texas is
called

Choose one answer.

	a. jury deliberation.
	b. orchestration.
	c. litigation.
	d. jury nullification.
	e. mediation.

Question41

Marks: 2

In a criminal trial in a state district court in Texas, how many
jurors does it take to acquit (find “not guilty”) the defendant?

Choose one answer.

	a. just one “not guilty” vote of the 12 jurors.
	b. a vote of no less than 6
	c. a vote of 10 out of the 12
	d. a vote of 7 or more of the 12
	e. a unanimous vote of the 12

Question42

Marks: 2

Appellate courts

Choose one answer.

	a. are made up of judges only.
	b. often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
	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. seat a jury in criminal cases but never in civil matters.
	e. will, on occasion, seat juries, but only when dealing with cases and controversies dealing with federal questions.

Question43

Marks: 2

There are never any juries in a

Choose one answer.

	a. federal trial court.
	b. court of original jurisdiction.
	c. court of appellate jurisdiction.
	d. state trial court.
	e. county court-at-law.

Question44

Marks: 2

A serious crime which can be punished by fine and confinement in
prison is called a

Choose one answer.

	a. felony.
	b. probate matter.	*Order a similar assignment, and have writers from our team of experts write it for you, guaranteeing you an A* Ashford POL201 week 1 discussions *Order a similar assignment, and have writers from our team of experts write it for you, guaranteeing you an A* Categories We are in the know Follow us on social media and get the latest updates on essay writing. Company Home About us Contact us Our blog Quick links Order Now Manage Orders Create account Recent posts Contact us info@smarterhomework.blog +1 (510) 514-0763 We accept nectarstudies.com. All rights reserved.

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