TX Gov Exam 4 Questions with Verified
Answers
venire: - ANSWER-A venire (panel of prospective jurors) is chosen by random
selection from a list provided by either the secretary of state, another governmental
agency, or a pri- vate contractor selected by the county commissioners court. The list
includes the county's registered voters, licensed drivers, and persons with
identification cards issued by the Department of Public Safety.
Venire: A panel of prospective jurors drawn by random selection. These prospective
jurors are called veniremen.
Justices of the peace may have to function as a ________ in certain circumstances;
when does this happen? - ANSWER-may have to function as a coroner, have to
determine the case of death in certain circumstances
Happens when county commission court has not named a county medical examiner
-In urban areas, being a justice of the peace is a full-time job, whereas justi- ces in
many rural precincts hear few cases. In addition to presiding over the justice court, a
justice of the peace serves as an ex officio notary public (some- one who verifies
signatures on legal documents). A JP also functions as a coro- ner, determining
cause of death when the county commissioners court has not named a county
medical examiner. Justice of the peace courts have both crimi- nal and civil
jurisdiction. In all cases, their jurisdiction is original.
justice of the peace: - ANSWER-A judge elected from a justice of the peace precinct
who handles minor civil and criminal cases, including small claims court.
Which court do not require a judge to be a lawyer?
which do? - ANSWER-DONT:
1. Local courts (municipal) → varies and is set by each state
2. Justice of the peace courts → none
3. County courts (constitutional and county courts) → must be well informed in the
law but no degree required
County court at law
DO:
1. Statutory County Courts (courts- at-law and probate courts)
Age 25 or older; licensed attorney with at least four to five years' experience,
depending on statutory requirements; two years' county residence
2. Courts of Appeals
Ages 35-74; licensed attorney with at least 10 years' experience
3. Court of Criminal Appeals
,4. Supreme Court
county courts are divided into constitutional county courts or statutory courts or
courts at law → note that at the county courts at law aka statutory courts and up, you
are required to have a background as a attorney
County courts or constitutional county courts and below, are not required to have the
judge to have the background as an attorney ---> Justice of the peace & Municipal
courts
what is a misdemeanor? - ANSWER-Misdemeanor: Classified as A, B, or C, a
misdemeanor may be punished by fine and/or jail sentence.
such as using false identification to purchase liquor, which is punishable by a fine
and jail sen- tence;
Criminal law
how are all judges in TX chosen?
who is not? - ANSWER--Texas, along with Alabama and Louisiana, chooses all
judges (except munici- pal judges) in partisan elections
-EXCEPT municipal courts..chosen by...???
Complaints about all judges being chosen by partisan elections... - ANSWER--One
complaint is the appearance that ''justice is for sale'' to the highest campaign
donor.17 Another is that elections unfairly favor Anglo judicial candidates
-Many opponents of the popular election of judges favor some version of the merit
selection process initiated by the state of Missouri in 1940. The Missouri Plan
features a nominating commis- sion (frequently dominated by lawyers and judges)
that recommends a panel of names to the governor whenever a judicial vacancy is to
be filled. The governor must then decide whom to appoint from the list. If the
governor fails to decide within a limited amount of time, the nominating commission
appoints a judge from the list of recommendations. The appointee then serves for a
year or so before the voters decide whether to give the new judge a full term.
-subsequent elections, the judge runs unopposed for additional terms. If the voters
do not approve a judge, then the nominating commission and governor must make
another appointment on a similar trial basis.
Others, especially some Texas legislators, favor an appointment-retention system for
all courts of record.
appointment-retention system: - ANSWER-appointment-retention system: A merit
plan for judicial selection in which the governor makes an appointment to fill a court
vacancy for an interim period, after which the judge must win a full term in an
uncontested popular election.
, Missouri Plan: - ANSWER-Missouri Plan: A judicial selection process in which a
commission recommends a panel of names to the governor, who appoints a judge
for one year or so before voters determine whether the appointee will be retained for
a full term.
discovery defintion - ANSWER-discovery: Gathering information from the opposing
party and witnesses in a lawsuit, including examination of relevant documents,
obtaining written and oral answers to questions, inspecting property under the
control of the other party, and similar activities.
-Before the judge sets a trial date (which may be many months or even years after
the petition is filed), all interested parties should have had an opportunity to file their
petitions, answers, or other pleas with the court. These instruments constitute the
pleadings in the case and form the basis of the trial. Prior to the trial, the parties also
have the opportunity to gather from each other information related to the pending
case. This process, known as discovery, includes examining documents, obtaining
written and oral answers to questions, inspecting property under the control of the
other party, and similar activities. Information obtained during discovery may become
evidence in the case. Among the items attorneys research are any electronic
communi- cations, such as email, a party might have created or received, as well as
post- ings on social media sites. Some unethical practitioners attempt to friend a
party to get into the more private areas of these sites.
-A justice may question witnesses directly to develop the facts in a case and limit the
types and amount of potential evidence each party must provide the other party prior
to trial (a process called discovery).
when you have a dispute in business contracts, divorce, family matters, or personal
injury → what type of law does this involve? - ANSWER-Texas courts deal with
cases involving civil law (for example, disputes concerning busi- ness contracts,
divorces and other family issues, and personal injury claims).
civil law: The body of law
concerning disputes between individuals and other noncriminal matters, such as
business contracts and personal injury
What is the difference between civil and criminal law? - ANSWER--Texas courts deal
with cases involving civil law (for example, disputes concerning busi- ness contracts,
divorces and other family issues, and personal injury claims). They also hear cases
involving criminal law (proceedings against persons charged with committing a
misdemeanor, such as using false identification to purchase liquor, which is
punishable by a fine and jail sen- tence; or a felony, such as armed robbery, which is
punishable by a prison sentence and a fine).
-civil law: The body of law concerning disputes between individuals and other
noncriminal matters, such as business contracts and personal injury
-criminal law: The body of law concerning felony and misdemeanor offenses by
individuals against other persons and property, or in violation of laws or ordinances.
Answers
venire: - ANSWER-A venire (panel of prospective jurors) is chosen by random
selection from a list provided by either the secretary of state, another governmental
agency, or a pri- vate contractor selected by the county commissioners court. The list
includes the county's registered voters, licensed drivers, and persons with
identification cards issued by the Department of Public Safety.
Venire: A panel of prospective jurors drawn by random selection. These prospective
jurors are called veniremen.
Justices of the peace may have to function as a ________ in certain circumstances;
when does this happen? - ANSWER-may have to function as a coroner, have to
determine the case of death in certain circumstances
Happens when county commission court has not named a county medical examiner
-In urban areas, being a justice of the peace is a full-time job, whereas justi- ces in
many rural precincts hear few cases. In addition to presiding over the justice court, a
justice of the peace serves as an ex officio notary public (some- one who verifies
signatures on legal documents). A JP also functions as a coro- ner, determining
cause of death when the county commissioners court has not named a county
medical examiner. Justice of the peace courts have both crimi- nal and civil
jurisdiction. In all cases, their jurisdiction is original.
justice of the peace: - ANSWER-A judge elected from a justice of the peace precinct
who handles minor civil and criminal cases, including small claims court.
Which court do not require a judge to be a lawyer?
which do? - ANSWER-DONT:
1. Local courts (municipal) → varies and is set by each state
2. Justice of the peace courts → none
3. County courts (constitutional and county courts) → must be well informed in the
law but no degree required
County court at law
DO:
1. Statutory County Courts (courts- at-law and probate courts)
Age 25 or older; licensed attorney with at least four to five years' experience,
depending on statutory requirements; two years' county residence
2. Courts of Appeals
Ages 35-74; licensed attorney with at least 10 years' experience
3. Court of Criminal Appeals
,4. Supreme Court
county courts are divided into constitutional county courts or statutory courts or
courts at law → note that at the county courts at law aka statutory courts and up, you
are required to have a background as a attorney
County courts or constitutional county courts and below, are not required to have the
judge to have the background as an attorney ---> Justice of the peace & Municipal
courts
what is a misdemeanor? - ANSWER-Misdemeanor: Classified as A, B, or C, a
misdemeanor may be punished by fine and/or jail sentence.
such as using false identification to purchase liquor, which is punishable by a fine
and jail sen- tence;
Criminal law
how are all judges in TX chosen?
who is not? - ANSWER--Texas, along with Alabama and Louisiana, chooses all
judges (except munici- pal judges) in partisan elections
-EXCEPT municipal courts..chosen by...???
Complaints about all judges being chosen by partisan elections... - ANSWER--One
complaint is the appearance that ''justice is for sale'' to the highest campaign
donor.17 Another is that elections unfairly favor Anglo judicial candidates
-Many opponents of the popular election of judges favor some version of the merit
selection process initiated by the state of Missouri in 1940. The Missouri Plan
features a nominating commis- sion (frequently dominated by lawyers and judges)
that recommends a panel of names to the governor whenever a judicial vacancy is to
be filled. The governor must then decide whom to appoint from the list. If the
governor fails to decide within a limited amount of time, the nominating commission
appoints a judge from the list of recommendations. The appointee then serves for a
year or so before the voters decide whether to give the new judge a full term.
-subsequent elections, the judge runs unopposed for additional terms. If the voters
do not approve a judge, then the nominating commission and governor must make
another appointment on a similar trial basis.
Others, especially some Texas legislators, favor an appointment-retention system for
all courts of record.
appointment-retention system: - ANSWER-appointment-retention system: A merit
plan for judicial selection in which the governor makes an appointment to fill a court
vacancy for an interim period, after which the judge must win a full term in an
uncontested popular election.
, Missouri Plan: - ANSWER-Missouri Plan: A judicial selection process in which a
commission recommends a panel of names to the governor, who appoints a judge
for one year or so before voters determine whether the appointee will be retained for
a full term.
discovery defintion - ANSWER-discovery: Gathering information from the opposing
party and witnesses in a lawsuit, including examination of relevant documents,
obtaining written and oral answers to questions, inspecting property under the
control of the other party, and similar activities.
-Before the judge sets a trial date (which may be many months or even years after
the petition is filed), all interested parties should have had an opportunity to file their
petitions, answers, or other pleas with the court. These instruments constitute the
pleadings in the case and form the basis of the trial. Prior to the trial, the parties also
have the opportunity to gather from each other information related to the pending
case. This process, known as discovery, includes examining documents, obtaining
written and oral answers to questions, inspecting property under the control of the
other party, and similar activities. Information obtained during discovery may become
evidence in the case. Among the items attorneys research are any electronic
communi- cations, such as email, a party might have created or received, as well as
post- ings on social media sites. Some unethical practitioners attempt to friend a
party to get into the more private areas of these sites.
-A justice may question witnesses directly to develop the facts in a case and limit the
types and amount of potential evidence each party must provide the other party prior
to trial (a process called discovery).
when you have a dispute in business contracts, divorce, family matters, or personal
injury → what type of law does this involve? - ANSWER-Texas courts deal with
cases involving civil law (for example, disputes concerning busi- ness contracts,
divorces and other family issues, and personal injury claims).
civil law: The body of law
concerning disputes between individuals and other noncriminal matters, such as
business contracts and personal injury
What is the difference between civil and criminal law? - ANSWER--Texas courts deal
with cases involving civil law (for example, disputes concerning busi- ness contracts,
divorces and other family issues, and personal injury claims). They also hear cases
involving criminal law (proceedings against persons charged with committing a
misdemeanor, such as using false identification to purchase liquor, which is
punishable by a fine and jail sen- tence; or a felony, such as armed robbery, which is
punishable by a prison sentence and a fine).
-civil law: The body of law concerning disputes between individuals and other
noncriminal matters, such as business contracts and personal injury
-criminal law: The body of law concerning felony and misdemeanor offenses by
individuals against other persons and property, or in violation of laws or ordinances.
