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Chapter 9

Terms in this set (35)

Rather than choosing judges based on careful research into candidate qualifications, most voters make their decisions based on what factor?
Party identity
Tort is a _ wrong that causes harm to another; it is remedied by awarding economic damages to the _ party.
civil
injured
In states that use the merit plan, after their term is up a judge must stand for a _ election to allow voters to decide whether the judge should stay in office
retention
Criminal law makes distinctions according to the severity of the crime. Less serious infractions such as shoplifting, the first incident of driving while intoxicated, and vandalism are categorized as _; these have penalties ranging from fines and community service to a maximum of a year in jail. More serious activities, such as sales of illegal drugs, arson, rape, and kidnapping, are categorized as _ and have a minimum sentence of a year or more in prison.
-misdemeanors
-felonies
Read the excerpt from the text, and answer the question below.
Drug courts have been more intensely studied than other speciality courts, and it has been found that offenders who complete a drug court's program have far lower rates of recidivism than offenders who do not complete or who do not participate in a program.
In this quote, the authors refer to a reduction in the "recidivism" rate. Judging from the context of the excerpt, what is likely the greatest benefit to taxpayers of a reduction in the recidivism of drug offenders?
Lower recidivism means that taxpayers will spend less on housing and caring for people who keep returning to the jails for the
Since the late 1980s, the courts in Texas have become more favorable to defendants in civil cases than to plaintiffs. Why?
Correct:
-More Republican than Democratic justices have been elected.
-In general, more conservative than liberal justices have been elected.
-Several tort reform laws were passed during the early 2000s that limited damages against defendants.

Incorrect:
-New regulations on corporations enacted by the legislature have led to a drop in abusive practices.
Identify all of the following that are true in criminal cases.
Correct:
-Grand juries review evidence before charges are brought
-Criminal cases involve violations of penal codes
-Those convicted in crimes cases may face a fine, imprisonment, or both as punishment
-The government is always the plaintiff

Incorrect:
Criminal cases deal primarily with individual or property rights.
Although Congressman Beto O'Rourke narrowly last the U.S. Senate election in 2018, his statewide population had which of the following impacts?
Judicial candidates were successful in more Democratic areas of the state.
Match each Texas lower court to its correct jurisdiction.
Justice of the peace courts:
-local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors

Statutory county courts at law:
-jurisdiction over less serious cases than those heard by district courts

Statutory probate courts:
-jurisdiction limited to probate and guardian matters
Which of the following are elements of the merit system of judicial selection?
Correct:
-Judges are subject to retention elections to keep their offices.
-The governor appoints recommended candidates to office.
-A blue-ribbon commission nominates judicial candidates for appointment

Incorrect:
-Political parties nominate judicial candidates based on merit.
-Judges are subject to partisan elections to keep their offices.
Which of the following are reasons judicial elections have become more expensive over time?
Correct:
-Competitive judicial races require money.
-Television advertising is expensive.
-Judicial races have low visibility.

Incorrect:
-The majority of Texas donate to judicial candidates, but only in small amounts
Suppose a landlord sues a former tenant for the cost of repairing damages allegedly caused to the property. To do this, the landlord must file _ with the court that details the costs of the damages and the evidence against the tenant. The tenant must file _ that explains why they are not liable for the costs of the damages. These documents will help the court determine a ruling.
-A complaint
-An answer
Which of the following is perhaps the greatest obstacle to getting the best-qualified individuals to run for judgeships and to stay on the bench in Texas?
Private law practice can bring much more money.
Increasing competition from Democratic challengers and from factions within the Republican Party have had which consequences for Texas judicial campaigns?
Correct:
-Elections are highly political
-Elections are much more expensive

Incorrect:
-Elections have become less expensive.
-Elections have begun trending in a more nonpartisan direction
Lawyers who charge a contingent fee are paid whether or not they win their case
False
Which statement best characterizes the standard of "beyond a reasonable doubt" required to convict a defendant in a criminal case?
There is no other physical way that any other person could have committed the crime.
How did the "pick-a-pal" system of selecting members of a grand jury create systemic bias that led to i eventual reforms, including the random selection of members from a pool of qualified jurors?
Grand jurors, who are responsible for deciding if charged can be brought against defendants who are often younger people of color in urban areas, would often be older, white, and more affluent.
Identify all of the following statements about civil cases that are more accurate.
Correct:
-The plaintiff and defendant are often private parties
-The final court remedy is compensation for the violation of legal rights
-The dispute is detailed in a complaint against the person accused of causing harm.
-The accused person usually files a response to invalidate the accusations.

Incorrect:
-The legal standard of "beyond a reasonable doubt" is used
Review the date in figure 9.3 below, and answer the following question that pertains to the information.

Why do state district courts have such a disproportionate number of cases in comparison to the other state courts listed.
State district courts are the states primary trial courts
The following are examples of a certain type of civil law Read each scenario to answer the question that follows.

-A surgeon is sued after an individual dies as a result of a medical oversight during surgery
-A media organization may pay damages to a public figure after running a story that damaged their reputation after receiving information that showed the story they were running was untrue.
-An individual is ordered to pay another person a significant sum of money after an assault that sent the person that sent the person to the hospital.

What area of civil law involves the awarding of economic damages to compensate for these types of harms?
Tort law
Which of the following best describes the conflict between judicial candidates competing in partisan elections and the idea that judges should be above partisan disagreement and special interests
The necessity of raising money and seeking endorsements gives the appearance of favoritism or bias.
Use your knowledge of Texas government and the data in the radar graph about the demographics of the Texas population and district judges in the state to answer the question below.

Which option is the most likely explanation for the differences between the demographics of the state's population and the demographics of district judges in Texas?
Republicans are more likely to win in Texas than Democrats, who are often women and candidates of color.
Based on the data presented in the infographic, which of the following statements are true?
Correct:
People most often vote for judges based on party label rather than the candidate in partisan elections.
Less than 20 percent of the states select judges the same way Texas does.
Over half of the nation uses some form of gubernatorial appointment for judges.
The use of a nominating commission to choose potential judicial appointments is the most popular form.

Incorrect:
-Partisan election lead to less qualified judges holding office.
-More states will be switching over to nominating commissions and appointment by the governor.
Analyze the infographic on the backgrounds of Texas judges, and then determine which of the following statements are accurate.
Correct:
-The number of male and female judges in the appellate courts is more balances than the number of male and female judges in Texas trial courts.
-The Texas judiciary better reflects the backgrounds of lawyers in Texas than the population at large

Incorrect:
-As Texas becomes more diverse, the racial and ethic composition of the state's judges reflects this change.
When a person dies without a will and the property must be divided among heirs, or a will is disputed, the responsibility for settling the distribution of property belongs to which type of court?
probate
Voters who simply vote for candidates from a party without paying attention to policy positions, track records, or issues are unable to effectively perform what function of a republic?
Holds officials accountable.
Proponents of the 2019 law that eliminated straight-ticket voting in Texas made what argument in support of the law?
It would force voters to be more informed about candidates
Which of the following courts have the ability to hear cases involving both civil and criminal law?
Correct:
-state courts of appeal
-state district courts

Incorrect:
-Texas Supreme Court
-Texas Court of Criminal Appeals
The overwhelming majority of cases heard by justices of the peace and municipal court judges involve which type of offenses?
traffic violations
Study the infographic on the demographic characteristics of the Texas judiciary. Determine which groups are overrepresented, relative to the general Texas population, and which groups are underrepresented.
Overrepresented:
-Men
-Whites

Underrepresented:
-Women
-Latinos
-African Americans
Based on the data presented in the infographic, which of the following statements are true?
Correct:
-People most often vote for judges based on party label rather than the candidate in partisan elections.
-Less than 20 percent of the states select judges the same way Texas does.
-Over half of the nation uses some form of gubernatorial appointment for judges.
-The use of a nominating commission to choose potential judicial appointments is the most popular form.

Incorrect:
-More states will be switching over to nominating commissions and appointment by the governor
-Partisan elections lead to less qualified judges holding office
Identify all of the true statements below that relate to indictments in Texas.
Correct:
-An indictment is the responsibility of the gran jury
-Failure to return an indictment is called a "no bill"
-An indictment is often referred to as a "true bill"

Incorrect:
-Indictments by grand juries must be unanimous
Match each Texas court to its correct jurisdiction
County courts
-jurisdiction over probate cases, less serious misdemeanors, and civil cases involving relatively low amounts of money at the local level

Texas Court of Criminal Appeals
-ultimate jurisdiction in criminal cases

District courts
-general jurisdiction over a broad range of civil and criminal cases, mostly at the local level

Texas Supreme Court
-final appellate jurisdiction in civil and juvenile cases

Courts of appeal
-intermediate-level appeals for civil, juvenile, and criminal cases
Municipal courts have jurisdictions over which of the following?
Correct:
traffic and parking tickets
violations of city ordinances
search and arrest warrants
class C misdemeanors

Incorrect:
-Probate and guard ship
Although Congressman Beto O'Rourke narrowly lost the U.S. Senate in 2018, his statewide popularity had which of the following impacts?
Judicial candidates were successful in more Democratic areas of the state.
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