TMCEC LEVEL 1 Exam UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
What is the term "adversarial legal system" as it relates to American criminal courts -
CORRECT ANSWER where the case is viewed as a struggle between two opposing
sides
What is common law? - CORRECT ANSWER refers to legal system based on judicial
decisions rather than legislative action
identify each branch of government - CORRECT ANSWER legislative branch,
executive, and judiciary
What is the legislative branch? - CORRECT ANSWER the branch of government that
makes the laws
What is the executive branch? - CORRECT ANSWER Enforces laws
What is the judicial branch? - CORRECT ANSWER Interprets the laws
What is the reasoning and significance of separation of powers? - CORRECT
ANSWER too prevent too much power into few hands and not one branch will be able
to dominate the other two
What are the first 10 amendments of the US constitution called? - CORRECT
ANSWER The Bill of Rights
List the courts established by the Texas constitution - CORRECT ANSWER Texas
Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
constitutional county courts, district courts, and justice courts.
,Define Jurisdiction - CORRECT ANSWER Jurisdiction is the authority and legal
power to hear and decide cases
What are the two highest appellate courts in Texas? - CORRECT ANSWER Texas
Supreme Court and Texas Court of Criminal Appeals
What is the difference between a civil and criminal case? - CORRECT ANSWER A
civil case usually deals with the private rights of individuals, groups, or businesses and a civil
lawsuit can be brought with one person against another person and a criminal case is legal
action brought by the State of Texas against a person charged with committing a crime
Which is the highest Texas Appellate court with jurisdiction over juvenile cases? -
CORRECT ANSWER Texas Supreme Court
How are appellate courts different from trial courts? - CORRECT ANSWER the
appellate courts hear cases based upon the record and written and oral arguments of appellate
lawyers. Unlike trial courts, the courts of appeals do not receive testimony nor hear witnesses
when considering cases for appeal
What is meant by trial de novo? - CORRECT ANSWER When a case is appealed, it is
retried at the higher level court as though it was a new case that had never been heard before
(trying a matter anew)
Explain how the jurisdiction of justice courts is different from municipal courts - CORRECT
ANSWER Justice courts do not have jurisdiction over city ordinances, except in one
instance. Justice courts do have jurisdiction over foreclosure and forcible entry and detainer
cases; municipal courts do not
What authority creates and grants authority to municipal courts? - CORRECT
ANSWER The Texas Legislature
Name the two categories municipal courts may fall under that dictate how municipal court
proceedings are conducted - CORRECT ANSWER Court of Record or court of non-
record
, What kind of cases must be initiated in municipal court and not in any other court? -
CORRECT ANSWER violation of city ordinances and the resolutions, rules, and
orders of a joint airport board that occur in the territorial jurisdiction of the city and property
owned by the city in the city's extraterritorial jurisdiction
with which court does municipal court share jurisdicton? - CORRECT
ANSWER Justice courts and county courts. Some courts of record may share
jurisdiction with district courts
over which type of criminal offenses does municipal court share jurisdiction with the justice
courts? - CORRECT ANSWER state law, fine-only offenses
what is the geographic jurisdiction of the municipal court? - CORRECT
ANSWER generally, within the territorial limits of the city
what are the penalty limits of offenses over which municipal courts have jurisdiction? -
CORRECT ANSWER Fine-only or other sanctions, authorized by law, that do not
consist of confinement in jail or imprisonment
Why does municipal court have jurisdiction to hear cases where a conviction may result in
the Department of Public Safety suspending the defendant's drivers license? - CORRECT
ANSWER The imposition of a sanction or denial, suspension, or revocation of a
privilege does not affect the original jurisdiction of the local trial courts in Texas
Give an example of an offense for which the penalty requires a sanction in addition to paying
a fine - CORRECT ANSWER Minor DUI: alcohol awareness class, community
service, DL Suspension
What is the maximum amount of a fine for a class C misdemeanor offense in the Penal Code?
- CORRECT ANSWER $500
QUESTIONS AND CORRECT ANSWERS
What is the term "adversarial legal system" as it relates to American criminal courts -
CORRECT ANSWER where the case is viewed as a struggle between two opposing
sides
What is common law? - CORRECT ANSWER refers to legal system based on judicial
decisions rather than legislative action
identify each branch of government - CORRECT ANSWER legislative branch,
executive, and judiciary
What is the legislative branch? - CORRECT ANSWER the branch of government that
makes the laws
What is the executive branch? - CORRECT ANSWER Enforces laws
What is the judicial branch? - CORRECT ANSWER Interprets the laws
What is the reasoning and significance of separation of powers? - CORRECT
ANSWER too prevent too much power into few hands and not one branch will be able
to dominate the other two
What are the first 10 amendments of the US constitution called? - CORRECT
ANSWER The Bill of Rights
List the courts established by the Texas constitution - CORRECT ANSWER Texas
Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
constitutional county courts, district courts, and justice courts.
,Define Jurisdiction - CORRECT ANSWER Jurisdiction is the authority and legal
power to hear and decide cases
What are the two highest appellate courts in Texas? - CORRECT ANSWER Texas
Supreme Court and Texas Court of Criminal Appeals
What is the difference between a civil and criminal case? - CORRECT ANSWER A
civil case usually deals with the private rights of individuals, groups, or businesses and a civil
lawsuit can be brought with one person against another person and a criminal case is legal
action brought by the State of Texas against a person charged with committing a crime
Which is the highest Texas Appellate court with jurisdiction over juvenile cases? -
CORRECT ANSWER Texas Supreme Court
How are appellate courts different from trial courts? - CORRECT ANSWER the
appellate courts hear cases based upon the record and written and oral arguments of appellate
lawyers. Unlike trial courts, the courts of appeals do not receive testimony nor hear witnesses
when considering cases for appeal
What is meant by trial de novo? - CORRECT ANSWER When a case is appealed, it is
retried at the higher level court as though it was a new case that had never been heard before
(trying a matter anew)
Explain how the jurisdiction of justice courts is different from municipal courts - CORRECT
ANSWER Justice courts do not have jurisdiction over city ordinances, except in one
instance. Justice courts do have jurisdiction over foreclosure and forcible entry and detainer
cases; municipal courts do not
What authority creates and grants authority to municipal courts? - CORRECT
ANSWER The Texas Legislature
Name the two categories municipal courts may fall under that dictate how municipal court
proceedings are conducted - CORRECT ANSWER Court of Record or court of non-
record
, What kind of cases must be initiated in municipal court and not in any other court? -
CORRECT ANSWER violation of city ordinances and the resolutions, rules, and
orders of a joint airport board that occur in the territorial jurisdiction of the city and property
owned by the city in the city's extraterritorial jurisdiction
with which court does municipal court share jurisdicton? - CORRECT
ANSWER Justice courts and county courts. Some courts of record may share
jurisdiction with district courts
over which type of criminal offenses does municipal court share jurisdiction with the justice
courts? - CORRECT ANSWER state law, fine-only offenses
what is the geographic jurisdiction of the municipal court? - CORRECT
ANSWER generally, within the territorial limits of the city
what are the penalty limits of offenses over which municipal courts have jurisdiction? -
CORRECT ANSWER Fine-only or other sanctions, authorized by law, that do not
consist of confinement in jail or imprisonment
Why does municipal court have jurisdiction to hear cases where a conviction may result in
the Department of Public Safety suspending the defendant's drivers license? - CORRECT
ANSWER The imposition of a sanction or denial, suspension, or revocation of a
privilege does not affect the original jurisdiction of the local trial courts in Texas
Give an example of an offense for which the penalty requires a sanction in addition to paying
a fine - CORRECT ANSWER Minor DUI: alcohol awareness class, community
service, DL Suspension
What is the maximum amount of a fine for a class C misdemeanor offense in the Penal Code?
- CORRECT ANSWER $500
