government

State & Local Govt Chapter 9 Page 1 of 4CHAPTER 9Multiple Choice1. The term jurisdiction means thea. court’s authority to try a case for the second time.b. court’s authority to appeal a case.c. prosecutor’s authority to appeal a case.d. court’s authority to hear a particular case.2. Which statement is not correct?a. Civil law exists to protect rights and property.b. Criminal law exists to protect society from unlawful actions of individuals.c. The plaintiff is the person or party who is being sued.d. Anyone may file a civil lawsuit if he or she feels that the defendant caused some type of monetary,emotional, or physical harm.3. The burden of proof in a civil case is based ona. preponderance of evidence.b. beyond a reasonable doubt.c. beyond the shadow of doubt.d. voir dire.4. Which of the following is not true about a criminal case?a. It can be initiated by an individual or a party.b. It is initiated by a prosecutor.c. The prosecutor’s job is to prove the case in court.d. The victim does not have to retain an attorney.5. The trial court hasa. overlapping jurisdiction.b. original jurisdiction.c. appellate jurisdiction.d. concurrent jurisdiction.6. Which of the following is not a conclusion reached by a court of appeal judge after reviewing a case?a. Upholdb. Reprimandc. Reversed. Remand7. Which of the following courts has jurisdiction over Class C Misdemeanor crimes?a. municipal courtb. district courtc. probate courtd. constitutional county court8. Which court cannot hear civil cases?a. Districtb. Municipalc. Justice of the Peaced. County Court at-Law

State & Local Govt Chapter 9 Page 2 of 49. City ordinance violations are punishable by a maximum fine ofa. $2,000.b. $1,500.c. $1,000.d. $500.10. State wide, what percentage of municipal court judges have graduated from law school?a. About 75%b. About 50%c. About 40%d. About 20%11. The majority of cases handled by justice of the peace courts involvea. criminal cases.b. civil cases in which the amount in a dispute is under $10,000.c. civil cases in which the amount in a dispute is under $5,000.d. DWI.12. All of these functions are performed by the justice of the peace except:a. Arraignment of prisonersb. Issuance of criminal arrest warrantsc. Issuance of peace bondsd. Issuance of restraining order13. The county courts-at-law and constitutional courts havea. original jurisdiction.b. appellate jurisdiction.c. both original and appellate jurisdiction.d. about 1,000 judges.14. A bench trial meansa. trial by jury.b. trial by grand jury.c. trial without a judge.d. the judge determines issues of facts.15. Trial de Novo meansa. no trial will take place.b. no bill.c. a new trial is held.d. jury trial16. County court at-law’s original jurisdiction includes all of these cases except:a. assault resulting in bodily injury.b. driving while intoxicated.c. possession of marijuana.d. rape.17. Plea bargaininga. is illegal in Texas.b. sets the guilty free of charges.c. is a process in which the lawyer for the accused negotiates a relatively lighter sentence in return for a guiltyplea.d. costs taxpayers millions of dollars each year.

State & Local Govt Chapter 9 Page 3 of 418. The court of original jurisdiction in felony crimes is thea. Supreme Court.b. District Court.c. County Court at-Law.d. Appeals Court.19. Which of the following statements is not true about Texas courts of appeals?a. the Appellate court system is made up of intermediate and supreme.b. Their jurisdiction extends to cases that have been tried in the courts of original jurisdiction.c. In most cases, a panel of three judges will review a case.d. Their judges are elected for four-year terms in nonpartisan elections.20. The last court of resort in criminal cases is thea. court of appeals.b. Criminal Court of Appeals.c. Supreme Court.d. Probate Court.21. Judges who embrace judicial activism as a judicial philosophy argue judges shoulda. not get involved in public policymaking.b. get involved in public policymaking.c. get involved in strict interpretation of the Constitution.d. get involved in strict application of laws to cases.22. Texas is part of how many states requiring their judges to run in partisan elections?a. 11b. 9c. 7d. 523. All of these are the reasons why Texas elects rather than appoints most of its judges except:a. Texas’s traditionalistic political culture.b. Texas’s moralistic political culture.c. Texans distrust of government.d. Texans distrust of politicians.24. The Missouri Plan includes all of these excepta. election of local judges and appointment of state judges.b. judges eventually stand for election.c. the governor chooses from a short list of potential judges.d. judges run opposed in retention elections.25. Judicial reformists in Texas argue in favor of all these reforms except:a. abolishing the Texas Court of Criminal Appeals.b. having one highest state court.c. abolishing partisan election of judges.d. introducing straight-ticket voting to elect judges.True/False1. A court must have jurisdiction over the matter before it can hear it.2. Criminal law is distinguished from civil law by the fact that it is structured and codified, meaning that thecriminal laws are contained in various “codes.”3. The litigants in a criminal case are represented by attorneys they personally hire.

State & Local Govt Chapter 9 Page 4 of 44. Municipal courts have the authority to hear traffic offenses, such as those involving injuries orintoxication.5. Since the justice court is somewhat informal, plaintiffs and defendants are not required to hireattorneys to state their cases.6. The county courts’ appellate jurisdiction is limited and stems from cases that are appealed frommunicipal courts and justice courts.7. In the civil arena, there is a limit as to the monetary damages a plaintiff may seek in the district court.8. The intermediate courts hear all appeals from the state’s county and district courts, except capitalmurder cases in which the defendant is sentenced to death.9. The Criminal Court of Appeals has the constitutional responsibility for establishing civil proceduralrules and for overseeing the efficient administration of the state’s entire judicial system.10. In 2004, Perry appointed Wallace B. Jefferson the state’s first African American Chief Justice of theTexas Supreme Court