Clerk Certification Level 1 All Questions and Answers
Latest 2023 with complete solution
What is meant by the statement: "The American judicial system is an adversarial
system?"
An adversarial legal system is one in which the lawsuit or case is views as a struggle
between two sides. Each side acts in its own interest, presenting its case in the best
possible light to the court. The judge remains neutral and decides questions of law (a
disputed legal contention) and , when there is no jury, questions of fact (a disputed
factual contention). The theory of this process is that the trier of fact (the judge or the
jury) will be able to determine the truth if the opposing parties present their best
arguments and show the weaknesses in the other's case. Decisions are based upon the
evidence presented and the applicable law.
Define common law and give an example applicable to municipal courts.
Common law refers to the body of law that developed in England and the American
colonies. It is a legal system based on judicial decisions rather than legislative action.
Today, many common law principles have been incorporated into current codes and
statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts.
1.13 and 45.029 CCP) the defense of necessity (sec 9.22 pc) and the defense of
justification (sec 9.02 pc) all spring from the English common law.
Describe the role of each branch of Government
the legislative branch enacts the laws; the enforces the laws; and the judiciary interprets
and applies the laws
Explain the reasoning and significance of separation of powers
To prevent the accumulation of too much power into too few hands, the US Constitution
divides the government into the three branches. The theory is that if legal power is
divided into 3 branches, no once branch will be able to dominate the other two and
impose its own theory of justice in an unconsenting public.
What are the first 10 amendments to the US Constitution called?
The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law.
False
List the courts established by the Texas Constitution.
Texas Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
district courts, and justice courts.
Define jurisdiction.
Jurisdiction is the authority and legal power to hear and decide cases.
What are the two highest appellate courts in Texas?
Texas Supreme Court and Texas Court of Criminal Appeals
Explain the difference between a civil and criminal case.
A civil case usually deals with private rights of individuals, groups, or businesses. A civil
lawsuit can be brought when one person feels wronged or injured by another person. A
criminal case is legal action brought by the government against a person charged with
committing a crime.
Which is the highest Texas appellate court with jurisdiction over juveniles?
,Texas Supreme Court
How are appellate courts different from trial courts?
The appellate courts hear cases based upon the "record" (a written transcription of the
testimony given, exhibits introduced, and the documents filed in the trial court) and the
written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of
appeals do not receive testimony nor hear witnesses when considering cases on
appeal.
What is meant by trial de novo?
When a case is appealed from a non-record municipal court, it is retried at the higher
level as though it is a new case since there is no record of the case from the lower
court. Hence trial de novo means try a matter anew the same as if it had not been
previously heard before and as if no decision has been rendered.
Explain how the jurisdiction of justice courts is different from municipal courts.
Justice courts do not have jurisdiction over city ordinances, except in one instance: a
violation of a city ordinance that arises in a city's extraterritorial jurisdiction involving
signs. They have jurisdiction over foreclosure and forcible entry and detainer cases;
municipal courts do not. Justice courts have much greater civil jurisdiction that do
municipal courts.
What kind of courts are municipal courts?
Statutory Courts
Name the two types of municipal courts a city may choose to have
Court of record/ non-record
What kind of cases must be initiated in municipal court and not in any other court?
Violation of city ordinances and the resolutions, rules, and the 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 (ETJ)
With which courts does municipal court share jurisdiction?
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?
State law, fine-only offenses.
What is the geographic jurisdiction of the municipal court?
Within the limits of the city.
What are the penalty limits of offenses over which municipal courts have jurisdiction?
Fine-only or other sanctions, authorized by law, that do not consist of confinement in the
jail or imprisonment.
Give an example of an offense for which the penalty requires a sanction in addition to
paying a fine.
DUI Minor- AA class, Com Serv, DL Suspension
What is the maximum amount of a fine for a Class C Misdemeanor offense in the Penal
Code?
$500
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal
Code?
As long as the offense is punishable by fine, max amount is set by legislature
,What is the maximum penalty that a city council can establish for ordinance offenses
involving public health and fire safety violations?
$2000
If both the municipal and justice court have concurrent jurisdiction over a criminal case,
which court retains jurisdiction?
The court in which the complaint is first filed has jurisdiction.
Why are lasting impressions of the American justice system often formed in municipal
courts?
More citizens come into personal contact with municipal courts that with all other Texas
courts combined. Persons in any court for the first time will form a lasting impression of
the justice systems. Public impression of the judicial system is affected and shaped in
large measure by the proceedings of the municipal court.
What court has jurisdiction in the case as follows: an appeal from a district court
Court of Appeals
What court has jurisdiction in the case as follows: A divorce case
District Court
What court has jurisdiction in the case as follows: A speeding ticket
Municipal Court
What court has jurisdiction in the case as follows: A felony murder case
District Court
What court has jurisdiction in the case as follows: An appeal from a municipal court
County Court
What court has jurisdiction in the case as follows: a child support or child custody case
District Court
City managers may establish traffic revenue quotas as a part of evaluating the court's
performance.
False; sec 720.002 of transportation code prohibits quotas
It is proper for a court to follow the recommendations of a city auditor regarding
recording, handling, and reporting procedures for court costs and fines.
True
Judges may consider factors related to revenue for the city in determining the fine and
court costs in an individual's case.
False
Prosecutors help investigate and decide what complaints are filed in court.
True
The judge and clerk may help and prosecutor , police officer and or code enforcement
officer investigate a crime.
False, judges are neutral and unbiased.
Indicate which office(s) to call if you need assistance on: training and written materials
on how to run your court
TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions
Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other courts
of your size
, Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records
Department of Public Safety
Indicate which office(s) to call if you need assistance on: help with collecting the proper
court costs
State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government
Texas Municipal League
Indicate which office(s) to call if you need assistance on: a question about judicial ethics
State Commission on Judicial Conduct
Indicate which office(s) to call if you need assistance on: a question about the crime
victims program
TMCEC Education Center, Texas Court Clerks Association
Indicate which office(s) to call if you need assistance on: questions about the court
clerks' certification program
TMCEC Education Center, Texas Court Clerks Association
Indicate which office(s) to call if you need assistance on: a legislative proposal
regarding prosecutors in municipal court
Texas Municipal Courts Association, Texas Municipal League
The judge plays an adversarial role in court.
False
If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and
represent the State.
False
The prosecutor, with the consent of the judge, has the authority to dismiss a case.
False
The prosecutor is responsible for preparing and drafting complaints and may ask the
clerk for assistance.
True
Both a bailiff and a warrant officer must comply with TCOLE training and standards.
False
How often must the statement of officer and oath of office be filed?
Every time an appointment, election, re-appointment, or re-election occurs; Each new
term of office.
Which must be filed first: the oath of office or the statement of officer?
The statement of the officer.
When can a mayor in a general-law city be the ex officio municipal judge?
In a general-law city, the mayor is the ex-officio judge of the municipal court. The mayor
continues as municipal judge during his or her term as mayor unless the municipality, by
ordinance, authorizes the election of a judge or provides for the appointment and
qualifications of a judge by ordinance. After the ordinance is adopted by the city council,
the mayor ceases to act in the capacity of a judge, even if the position of judge is
vacant.
What governs the selection of municipal judges in a home-rule municipality?
The city's charter.
Latest 2023 with complete solution
What is meant by the statement: "The American judicial system is an adversarial
system?"
An adversarial legal system is one in which the lawsuit or case is views as a struggle
between two sides. Each side acts in its own interest, presenting its case in the best
possible light to the court. The judge remains neutral and decides questions of law (a
disputed legal contention) and , when there is no jury, questions of fact (a disputed
factual contention). The theory of this process is that the trier of fact (the judge or the
jury) will be able to determine the truth if the opposing parties present their best
arguments and show the weaknesses in the other's case. Decisions are based upon the
evidence presented and the applicable law.
Define common law and give an example applicable to municipal courts.
Common law refers to the body of law that developed in England and the American
colonies. It is a legal system based on judicial decisions rather than legislative action.
Today, many common law principles have been incorporated into current codes and
statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts.
1.13 and 45.029 CCP) the defense of necessity (sec 9.22 pc) and the defense of
justification (sec 9.02 pc) all spring from the English common law.
Describe the role of each branch of Government
the legislative branch enacts the laws; the enforces the laws; and the judiciary interprets
and applies the laws
Explain the reasoning and significance of separation of powers
To prevent the accumulation of too much power into too few hands, the US Constitution
divides the government into the three branches. The theory is that if legal power is
divided into 3 branches, no once branch will be able to dominate the other two and
impose its own theory of justice in an unconsenting public.
What are the first 10 amendments to the US Constitution called?
The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law.
False
List the courts established by the Texas Constitution.
Texas Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
district courts, and justice courts.
Define jurisdiction.
Jurisdiction is the authority and legal power to hear and decide cases.
What are the two highest appellate courts in Texas?
Texas Supreme Court and Texas Court of Criminal Appeals
Explain the difference between a civil and criminal case.
A civil case usually deals with private rights of individuals, groups, or businesses. A civil
lawsuit can be brought when one person feels wronged or injured by another person. A
criminal case is legal action brought by the government against a person charged with
committing a crime.
Which is the highest Texas appellate court with jurisdiction over juveniles?
,Texas Supreme Court
How are appellate courts different from trial courts?
The appellate courts hear cases based upon the "record" (a written transcription of the
testimony given, exhibits introduced, and the documents filed in the trial court) and the
written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of
appeals do not receive testimony nor hear witnesses when considering cases on
appeal.
What is meant by trial de novo?
When a case is appealed from a non-record municipal court, it is retried at the higher
level as though it is a new case since there is no record of the case from the lower
court. Hence trial de novo means try a matter anew the same as if it had not been
previously heard before and as if no decision has been rendered.
Explain how the jurisdiction of justice courts is different from municipal courts.
Justice courts do not have jurisdiction over city ordinances, except in one instance: a
violation of a city ordinance that arises in a city's extraterritorial jurisdiction involving
signs. They have jurisdiction over foreclosure and forcible entry and detainer cases;
municipal courts do not. Justice courts have much greater civil jurisdiction that do
municipal courts.
What kind of courts are municipal courts?
Statutory Courts
Name the two types of municipal courts a city may choose to have
Court of record/ non-record
What kind of cases must be initiated in municipal court and not in any other court?
Violation of city ordinances and the resolutions, rules, and the 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 (ETJ)
With which courts does municipal court share jurisdiction?
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?
State law, fine-only offenses.
What is the geographic jurisdiction of the municipal court?
Within the limits of the city.
What are the penalty limits of offenses over which municipal courts have jurisdiction?
Fine-only or other sanctions, authorized by law, that do not consist of confinement in the
jail or imprisonment.
Give an example of an offense for which the penalty requires a sanction in addition to
paying a fine.
DUI Minor- AA class, Com Serv, DL Suspension
What is the maximum amount of a fine for a Class C Misdemeanor offense in the Penal
Code?
$500
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal
Code?
As long as the offense is punishable by fine, max amount is set by legislature
,What is the maximum penalty that a city council can establish for ordinance offenses
involving public health and fire safety violations?
$2000
If both the municipal and justice court have concurrent jurisdiction over a criminal case,
which court retains jurisdiction?
The court in which the complaint is first filed has jurisdiction.
Why are lasting impressions of the American justice system often formed in municipal
courts?
More citizens come into personal contact with municipal courts that with all other Texas
courts combined. Persons in any court for the first time will form a lasting impression of
the justice systems. Public impression of the judicial system is affected and shaped in
large measure by the proceedings of the municipal court.
What court has jurisdiction in the case as follows: an appeal from a district court
Court of Appeals
What court has jurisdiction in the case as follows: A divorce case
District Court
What court has jurisdiction in the case as follows: A speeding ticket
Municipal Court
What court has jurisdiction in the case as follows: A felony murder case
District Court
What court has jurisdiction in the case as follows: An appeal from a municipal court
County Court
What court has jurisdiction in the case as follows: a child support or child custody case
District Court
City managers may establish traffic revenue quotas as a part of evaluating the court's
performance.
False; sec 720.002 of transportation code prohibits quotas
It is proper for a court to follow the recommendations of a city auditor regarding
recording, handling, and reporting procedures for court costs and fines.
True
Judges may consider factors related to revenue for the city in determining the fine and
court costs in an individual's case.
False
Prosecutors help investigate and decide what complaints are filed in court.
True
The judge and clerk may help and prosecutor , police officer and or code enforcement
officer investigate a crime.
False, judges are neutral and unbiased.
Indicate which office(s) to call if you need assistance on: training and written materials
on how to run your court
TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions
Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other courts
of your size
, Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records
Department of Public Safety
Indicate which office(s) to call if you need assistance on: help with collecting the proper
court costs
State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government
Texas Municipal League
Indicate which office(s) to call if you need assistance on: a question about judicial ethics
State Commission on Judicial Conduct
Indicate which office(s) to call if you need assistance on: a question about the crime
victims program
TMCEC Education Center, Texas Court Clerks Association
Indicate which office(s) to call if you need assistance on: questions about the court
clerks' certification program
TMCEC Education Center, Texas Court Clerks Association
Indicate which office(s) to call if you need assistance on: a legislative proposal
regarding prosecutors in municipal court
Texas Municipal Courts Association, Texas Municipal League
The judge plays an adversarial role in court.
False
If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and
represent the State.
False
The prosecutor, with the consent of the judge, has the authority to dismiss a case.
False
The prosecutor is responsible for preparing and drafting complaints and may ask the
clerk for assistance.
True
Both a bailiff and a warrant officer must comply with TCOLE training and standards.
False
How often must the statement of officer and oath of office be filed?
Every time an appointment, election, re-appointment, or re-election occurs; Each new
term of office.
Which must be filed first: the oath of office or the statement of officer?
The statement of the officer.
When can a mayor in a general-law city be the ex officio municipal judge?
In a general-law city, the mayor is the ex-officio judge of the municipal court. The mayor
continues as municipal judge during his or her term as mayor unless the municipality, by
ordinance, authorizes the election of a judge or provides for the appointment and
qualifications of a judge by ordinance. After the ordinance is adopted by the city council,
the mayor ceases to act in the capacity of a judge, even if the position of judge is
vacant.
What governs the selection of municipal judges in a home-rule municipality?
The city's charter.
