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