Election quiz

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Oct 30, 2023

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MULTIPLE CHOICE 1. What types of cases does the Texas Supreme Court hear? a. civil appeals b. appeals on civil and criminal cases c. both trial and appeals in tort-law cases d. final appeals on all civil and death penalty cases e. any cases it chooses to hear ANS: A 2. Which of the following best describes the requirement(s) necessary to be a judge of the Texas Supreme Court? a. thirty-five years of age b. citizen of the United States and a resident of Texas c. practicing lawyer or judge for at least ten years d. natural-born Texas state resident e. thirty-five years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least ten years ANS: E 3. Which court in Texas has automatic jurisdiction over all death penalty cases? a. the court of criminal appeals b. the supreme court c. the district court d. the justice of the peace court e. the court of civil appeals ANS: A

4. The Texas Supreme Court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what? a. hear all cases from across the state regardless of reasoning b. review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly c. review the abilities of lower court justices d. suspend habeas corpus e. review the decisions of national courts to determine whether court procedures were followed correctly ANS: B 5. Appeals at the level of the court of appeals are typically heard by panels of how many justices? a. one b. two c. three d. nine e. thirteen ANS: C 6. There are ______ courts of appeals in Texas, with ______ justices serving those courts. a. 9; 80 b. 14; 80 c. 14; 453 d. 453; 453 e. 915; 1,490 ANS: B 7. Each county has at least how many district courts? a. one b. two c. ten d. fourteen e. fifteen ANS: A

8. The main trial courts in Texas are called: a. county courts b. courts of appeals c. district courts d. municipal courts e. justice of the peace courts ANS: C 9. Which of the following is NOT an example of general jurisdiction under a Texas district court? a. felony b. election contest c. civil lawsuit d. divorce e. family law matters ANS: E 10. Often county courts in Texas have jurisdiction over which matters? a. probate cases b. more serious criminal misdemeanor offenses c. civil cases where the amounts in dispute are relatively small d. appellate cases from municipal courts or from justice of the peace courts e. probate cases, serious criminal misdemeanors, and civil cases where the amounts in dispute are relatively small, and appellate cases of municipal or justice of the peace courts ANS: E 11. Which individual presides over the county courts? a. justice of the peace b. district mayor c. county judge d. city mayor e. Texas governor ANS: C

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12. Courts that can review matters relating to the disposition of property of deceased persons are referred to as what? a. district courts b. statutory county courts c. constitutional county courts d. statutory probate courts e. justice of the peace courts ANS: D 13. Approximately how many justice of the peace courts exist in Texas? a. 4 b. 175 c. 500 d. 800 e. 2,000 ANS: D 14. Justice of the peace courts handle which kind of disputes? a. small claims b. felonies c. city ordinance violations d. bankruptcy cases e. disposition of property of deceased persons ANS: A 15. The majority of the cases that justice of the peace judges hear are those regarding what? a. civil cases b. traffic misdemeanors c. death penalty cases d. marriages e. felony cases ANS: B

17. Municipal courts in the Texas court system have jurisdiction over all of the following areas EXCEPT a. city ordinances. b. Class C misdemeanors. c. search and arrest warrants. d. traffic violations. e. appeals. ANS: E 18. The majority of cases in municipal courts involve a. family law. b. traffic and parking violations. c. civil cases, especially torts. d. felony crimes. e. city ordinances. ANS: B 19. In Texas, trial lawyers tend to support a. Democratic judicial candidates. b. Republican judicial candidates. c. anti-death-penalty judicial candidates. d. pro-business judicial candidates. e. pro-death-penalty judicial candidates. ANS: A 20. Which of the following is not a major criticism of the method of judicial selection in Texas today? a. It is overly partisan. b. The need to raise campaign contributions compromises the independence of the judges. c. Too often voters know nothing about the judicial candidates for whom they are voting. d. In many cases ballots can be overloaded with judicial elections, making them complicated. e. The governor has too much power in judicial selection. ANS: E

21. What is the major difference between campaigns of civil court judges versus criminal court judges? a. The number of candidates is greater in civil court judicial campaigns. b. The amount of money involved is much greater for civil court judicial campaigns. c. The publicity of civil court judicial campaigns is much more significant. d. The racial representation of candidates is more varied in civil court judicial campaigns. e. The public is much more involved in criminal court judicial campaigns. ANS: B 22. Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas court of criminal appeals? a. The Texas legislature has placed a strict cap on the spending for the criminal appeals court election campaigns. b. There are few interest groups that contribute money to the criminal appeals court candidates’ campaigns, which keeps down the costs of the election. c. Judges running for the criminal appeals court do not have to be elected in a statewide election. d. Fewer people are interested in the court of criminal appeals. e. There are more positions available on the criminal appeals court, so the seats are not as coveted. ANS: B 23. What is the most important role the governor of Texas plays in the judicial process? a. The governor has the power to permanently appoint all municipal court judges. b. The governor has the power to limit the jurisdiction of the appellate courts. c. The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held. d. The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases. e. The governor appoints all members to the Texas Supreme Court. ANS: C

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24. Why was partisanship in Texas judicial elections not an issue until 1978? a. It was the year judicial elections shifted from nonpartisan to partisan. b. It was the first year the Texas Constitution permitted candidates to announce their party affiliations. c. Up until that time, Texas was essentially a one-party state. d. Even though they could, candidates typically ran without using party labels up until 1978. e. It was the first year a third-party candidate won a seat in a Texas judicial election. ANS: C 28. Which judicial candidate race is considered the most expensive, where candidates are likely to raise over $1 million? a. Texas Supreme Court b. Texas court of criminal appeals c. Texas appellate courts d. Texas district courts e. Texas justice of the peace courts ANS: A 30. What is the most important part of a judicial candidate’s campaign in Texas? a. party affiliation b. professional and personal qualifications c. name recognition with the voters d. rating by the American Bar Association e. campaign financing ANS: A 31. Why is it difficult for voters to learn about judicial candidates in Texas? a. Judicial candidates, by law, are prevented from actively campaigning for office. b. Most judicial candidates fill their campaign literature with arcane legal analysis. c. Voters are called upon to vote for too many different judicial races in a single election. d. Most voters never go to court, so they have little knowledge upon which to base their decisions. e. Judicial candidates do very little campaigning. ANS: C

32. A common benefit in elections is having a positive party label to support candidates through the elections and into victory. What is this benefit referred to as? a. the name-game benefit b. recognition election c. the partisan effect d. the political bias benefit e. the top-of-the-ticket effect ANS: E 33. What is the particular problem in Texas judicial elections known as the “name game”? a. Voters will often vote for a candidate by looking at her or his party affiliation, not his or her name. b. Many voters will vote for a judicial candidate whose name they are familiar with, even if they know nothing about the candidate. c. Judicial candidates sometimes make up colorful nicknames, like “Hang ’Em High” Johnson, that serve as free advertisements for their judging beliefs. d. Only big-name candidates can raise enough campaign contributions. e. Voters will often vote for a candidate whose name is listed first on the ballot. ANS: B 35. In ______, the first woman to serve as a Texas state judge was appointed. a. 1887 b. 1902 c. 1935 d. 1967 e. 1985 ANS:

38. What was the argument brought forward in the case of League of United Latin American Citizens v. Mattox in 1989? a. Countywide election of judges in Texas diluted the strength of minority voters and violated the Voting Rights Act. b. Statewide election of Texas Supreme Court judges weakened the ability of Hispanic voters. c. Citywide election of mayors was racially detrimental to minorities and violated the Voting Rights Act. d. Countywide election of county commissioners was racially biased and therefore weakened the strength of minority representation in those positions. e. Legislative redistricting in the state of Texas was so racially biased that it violated the Voting Rights Act. ANS: A 39. Appealing a case to the federal courts of appeal when all justices will hear the case, rather than the typical panel of three, is referred to as hearing a case ______. a. on merit selection b. based on the preponderance of the evidence c. en banc d. stare decisis e. per curiam ANS: C 40. What was the ruling of the Fifth Circuit federal court of appeals in 1993 in the case of League of United Latin American Citizens v. Mattox? a. Inability to raise appropriate funds caused the lack of minority representation in judicial elections. b. Party affiliation of minority candidates explained the failure or success in judicial elections. c. Minority status explained the lack of ability to succeed in judicial elections; therefore, the Texas selection process was unconstitutional. d. The low numbers of law school graduates amongst minority races, particularly Hispanic law school graduates, led directly to the failure of minority candidates in judicial elections. e. Smaller districts must be drawn in order to further allow minority judicial candidates to have a better hope of being elected to those positions. ANS: B

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43. Which of the following is not given as reasoning to support an alternative judicial selection system in Texas? a. timing of the elections b. top-of-the-ticket voting c. the defeat of incumbents d. the importance of the party label e. the “name game” ANS: A 46. What is it called when a blue-ribbon committee selects judicial nominees who are then appointed by the governor and must finally run for retention in office? a. en banc selection b. progressive reform selection c. nonpartisan selection d. merit selection e. committee certification ANS: D 48. Which of the following is not a part of the “appoint-elect-retain” concept to judicial elections? a. The governor appoints a judge. b. The state senate confirms with two-thirds approval of the members. c. The governor-appointed nominee does not assume office until confirmed by the senate. d. The nominee goes through a vetting process to confirm his or her ability to fill the position. e. The judge runs in a contested nonpartisan election and subsequent retention elections. ANS: D 50. How many states also have in place a campaign fairness act similar to that of Texas’s Campaign Fairness Act? a. none; Texas is the only one. b. two, Texas and California. c. three, Texas, California, and New York. d. thirteen; the majority of the southeast United States has supported this concept. e. All fifty states have in place some version of a campaign fairness act. ANS: A

51. The Texas Judicial Campaign Fairness Act a. limits the amount of campaign contributions a judicial candidate can receive from an individual donor. b. compels a judge to recuse himself or herself from any case involving someone who has contributed money to his or her campaign. c. restricts judicial advertising to radio and television ads. d. forbids law firms or corporations from making donations. e. allows individuals to donate as much money as they can to judicial candidates. ANS: A 52. According to the Texas Judicial Campaign Fairness Act, what dollar amount is an individual limited to when donating to a statewide judicial candidate? a. $100,000 b. $75,000 c. $30,000 d. $10,000 e. $5,000 ANS: E 53. According to the Texas Judicial Campaign Fairness Act, what dollar amount is a law firm limited to when donating to any statewide judicial candidate? a. $100,000 b. $75,000 c. $30,000 d. $10,000 e. $5,000 ANS: C

54. According to a recent increase in campaign contribution limitations, in what situation must a judge recuse himself or herself from a case? a. in situations in which a judge receives campaign contributions from a party to a lawsuit b. in situations in which a relative of the accused party has contributed to the judge’s campaign c. in situations in which judges have been at campaign fund-raisers with the party to a lawsuit d. in situations in which the lawyer has been involved in fund-raising with the party to a lawsuit e. in situations in which a judge receives campaign contributions from a party’s lawyer ANS: A 55. What is the most important type of case that the Texas Supreme Court handles? a. impeachment of public officials b. a tort-law case c. prison reform d. a death penalty case e. a bankruptcy case ANS: B 56. Since the late 1980s, in what direction has the Texas Supreme Court moved regarding civil cases? a. The Texas Supreme Court has grown more liberal in its tort-law decisions. b. Texas has moved toward a more conservative approach to torts. c. The Texas Supreme Court has taken a more pro-business direction. d. The Texas Supreme Court is moving toward a more common-law approach to tort reform. e. The Texas Supreme Court is choosing to hear fewer tort-law cases. ANS: C

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