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63 Cards in this Set
- Front
- Back
In 1972, the U.S. Supreme Court halted executions in all the states by
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striking down all death penalty laws as unconstitutional.
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Civil lawsuits, which can be brought under numerous statutes, involve conflicts between two or more parties.
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True
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People sentenced to life in prison can be considered for parole after serving _____ years.
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40
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District and county clerks make up eligible jurors lists from
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Texas driver's licenses and DPS identification cards.
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Civil litigants and criminal defendants may NOT waive their right to a jury trial, even if they believe it would be to their advantage to have their case decided by a judge, if they are accused of
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capital murder.
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In the Texas Supreme Court's public education finance decision, the court held that school finance laws violated the constitutional requirement for an _____ educational system.
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efficient
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When police officers in Texas read criminal suspects their rights, the officers are complying with constitutional requirements determined by the Texas Supreme Court.
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False
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Refusing to show up for jury duty can lead to fines and in some cases, jail time.
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True
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Establishment-oriented justices, usually elected with the support of the state's largest law firms, tend NOT to view their judicial role as one of
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judicial activists
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In order to convict a defendant of a felony in Texas, the jury decision must be
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unanimous
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Statutory county courts
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have inconsistent jurisdictions because each one was set up to deal with specific local problems
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The federal judiciary has ordered sweeping improvements in
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the state prison system.
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During the early part of the 1970s, the legislature enacted the _____ Act, a move that encouraged injured parties to take their grievances to court.
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Deceptive Trade Practice-Consumer Protection
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Throughout much of its history, the Texas _____ has been blamed with excessive concern for legal technicalities that benefit convicted criminals.
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Court of Criminal Appeals
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One group that is NOT grossly under-represented among judges is
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men.
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Most municipal courts and all justice of the peace courts are
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not courts of record.
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The existence of two courts at the highest level of the state judiciary is referred to as a
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bifurcated court system.
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Constitutional county courts hear cases on appeal from
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municipal courts and justice of the peace courts.
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Under both the U.S. and Texas Constitutions, a person charged with a crime is
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presumed innocent until the state can prove guilt beyond a reasonable doubt to a judge or jury.
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Over time, the U.S. Supreme Court has gained compliance with the law by applying the Fourteenth Amendment
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principles of equal protection and due process.
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The Texas _____ must try to balance the constitutional rights of convicts against the public welfare.
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Court of Criminal Appeals.
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District court judges
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hear cases involving divorce, slander and election disputes.
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Unlike federal judges, who are appointed by the president to life terms, state judges in Texas, except for those on municipal courts, are
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elected to limited terms in partisan elections.
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Civil lawsuits involve conflict
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between two or more parties.
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At the highest appellate level, Texas has a bifurcated court system sending criminal and civil cases to the same court.
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False
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At the appellate level, rather than juries hearing cases, judges
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review the decisions and procedures of the lower courts to determine conformance to constitutional and statutory law.
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The lowest courts in Texas are the
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justice of the peace and municipal courts.
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Grand juries
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are each made up of twelve people selected by a district judge.
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Justice of the peace courts
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have original civil and criminal jurisdiction, and function as small claims courts.
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The Texas judiciary, particularly in urban areas, has become overloaded by
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criminal cases.
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Most criminal activities are defined and their punishments established in the
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Penal Code.
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Under the _____ ruling, police are required by the courts to inform us of our rights.
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Miranda
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_____ is considered the most serious crime in Texas.
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Capital Murder
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The primary trial court in Texas is the
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district court.
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The Texas Supreme Court is the court of last resort for all cases in the state of Texas.
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False
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The authority of a court to try or resolve a civil lawsuit or a felony prosecution being heard for the first time is known as
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original jurisdiction.
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The Court of Criminal Appeals
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hears only criminal cases.
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In criminal cases in which the jury cannot reach a unanimous verdict, the judge must
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declare a mistrial.
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A panel that reviews evidence submitted by prosecutors to determine whether to indict an individual with a criminal offense is called the grand jury.
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True
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The Texas Supreme Court does NOT
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have disciplinary authority over Texas federal judges.
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The primary trial court in Texas is the county court.
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False
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Criminal cases range from traffic offenses, punishable by fines, to capital murder, punishable by life in prison.
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True
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Some courts have only original jurisdiction, meaning they can only try cases heard for the second time.
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False
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A nine-member court with final appellate jurisdiction over civil cases is the Texas
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Supreme Court
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As in other states, Texans are not subject to the jurisdiction of both state and federal court systems.
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False
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The Texas Supreme Court is the court of last resort for all cases in the state of Texas.
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False
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Over time, the U.S. Supreme Court has applied the Bill of Rights to the states by way of the ________ clauses of the Fourteenth Amendment.
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principles of equal protection and due process
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A 1999 study suggested that business-related litigants had been the big winners in cases before the Texas Supreme Court during the previous four years.
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True
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Grand juries
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are each made up of twelve people selected by a district judge.
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Judges in Texas have been accused of siding with litigants who give large campaign contributions.
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True
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The Texas Supreme Court became entangled in the abortion issue in early 2000 after a national law went into effect requiring parents to be notified by the doctor before their minor daughters could have abortions.
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False
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What benefits do a nonpartisan election system for judges, which some advocate be used in Texas, offer?
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It would guard against partisan bickering on the multimember appellate courts and eliminate the possibility of a poorly qualified candidate being swept into office by straight-ticket voting.
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Why did the U.S. Supreme Court halt executions in all states in 1972?
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It declared capital punishment unconstitutional as it violated the constitutional prohibition of cruel and unusual punishment because it could be applied in a discriminatory fashion.
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In order to be indicted by a grand jury, the law requires up to eight votes to issue a true bill.
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False
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At the highest appellate level, Texas has a bifurcated court system that sends criminal and civil cases to the same court.
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False
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Justice of the peace courts
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have original civil and criminal jurisdiction, and function as small claims courts.
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What was the result of the Texas Supreme Court ruling in the 1989 Edgewood school case?
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It ordered basic changes in the financing of public K–12 education in order to provide more equity between rich and poor school districts.
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Under both the U.S. and Texas Constitutions, a person charged with a crime is presumed
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innocent until the state can prove guilt beyond a reasonable doubt to a judge or jury.
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Ruby Sondock of Houston was the first woman to serve on the Texas Supreme Court.
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True
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In order to convict a defendant of a felony in Texas, the jury decision must be
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unanimous.
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The authority of a court to try or resolve a civil lawsuit or a felony prosecution being heard for the first time is known as
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original jurisdiction.
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The federal judiciary has ordered sweeping improvements in
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the state prison system.
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________ is considered the most serious crime in Texas.
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Capital murder
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