POLS 207, ROBLYER, EXAM 5 QUESTIONS AND
ANSWERS / VERIFIED
/.Compare and contrast the following aspects of criminal and civil law: (some
information will be further along in the slides that others)
—Origin of cases
—Parties involved and their objectives
—Percent of cases that go to trial
—Location of trials
—Bases of decisions/outcomes - Answer-✅origin of cases:
criminal - harmful to society as a whole (both misdemeanor and felony)
civil - legal disputes between "individuals" over unmet obligations or perceived harms
parties involved and their objectives:
criminal - the state (as both the accuser and prosecutor)
civil - plaintiff files complaint or legal suit against defendant. objectives are monetary
damages, determination of rights, etc.
percent of cases that go to trial:
criminal - 10% (most cases end in plea bargain)
civil - 90%
location of trials:
criminal - county courtrooms w/ county prosecutors and judges
civil - start in country/state courts. deal with question of fact and law
bases of decisions/outcomes:
criminal - "beyond a reasonable doubt"
civil - "preponderance of evidence"
/.Overview the prosecution process under criminal law. - Answer-✅- arrest made
- charge(s) filed, arraignment hearing held
- evidence presented to grand jury, indictment returned
- trial process begins (multiple hearings, then trial)
*very lengthy*
,/.Describe the similarities and differences between the two types of criminal offenses in
Texas. - Answer-✅misdemeanors - less serious punishment: shorter times in county
jail, community service, and/or fine
felonies - more serious punishment: longer sentences in state prison or county jail,
community service, and/or fine
/.Using the fallen-tree example, highlight the aspects of the civil trial process that are
unique from a criminal one. - Answer-✅- "loser" must compensate "winner"
- hear from witnesses and present evidence
- can be totally or partially responsible
/.Discuss the case loads of both federal and state courts and explain the differences. -
Answer-✅State courts handle issues under state law
- 99.9% of 22 million criminal cases in US annually
- 99.8% of 27 million civil cases nationwide annually
Federal courts handle issues under federal law
- very few cases compared to state courts
/.Describe the hierarchy of three main groups of state courts. - Answer-✅trial courts -->
intermediate appellate court --> supreme court
/.Explain the types of questions considered in each of these levels. Provide examples.
Also explain the implications of a type of question NOT being considered at a particular
level. - Answer-✅trial courts deal with:
- questions of fact
answered by jury if a jury trial, otherwise by judge
ex: where was the accused that night?
- questions of law
always answered by judge
ex: may the attorney ask that question?
courts of appeal hear objections to lower court decisions
- appeals can only be based on questions of law
/.Describe or draw out the diagram that shows all of the types and subtypes of courts in
Texas. Include the flows of appeals from all of the lower courts. - Answer-✅justice
courts or municipal courts
-->
county level courts
constitutional, statutory, or statutory probate courts
-->
district courts
-->
, courts of appeals
-->
supreme court or court of criminal appeals
/.In general terms, differentiate between the roles and the jurisdictions of each of these
courts. (Use the lecture as your guide as to level I'm expecting.) - Answer-✅justice
courts:
small claims courts (less than $10000), limited civil actions (misdemeanors)
municipal courts:
criminal misdemeanor by fine only
-->
county level courts
constitutional:
civil actions and juvenile matters
statutory:
all civil, criminal, original, and appellate actions prescribed by constitutional county court
statutory probate courts:
probate matters
-->
district courts
original jurisdiction in civil actions over $200 and felony crimes
juvenile matters
-->
courts of appeals:
intermediate appeals from trial courts
-->
supreme court:
final appellate jurisdiction in civil and juvenile cases
court of criminal appeals:
final appellate jurisdiction in criminal cases
/.Describe how state residents participate in the judicial system and how they are
selected. - Answer-✅grand juries
- decide whether or not to indict accused individual and send them to trial
- reviews state's evidence: does it justify putting the charged person on trial?
/.Explain the issues with fairness and peremptory strikes in jury trials. Discuss whether
this is a partisan issue. - Answer-✅"key man" was the method used in tx through
august 2015 to select grand juries
- grand jurors were selected by "jury commissioners" picked by the district judge
- system was accused of persistent economic bias
"random selection" is new process for grand jury selections (as of sept 2015)
- makes system function similarly to how trial juries are selected in order to "better
represent the community"
ANSWERS / VERIFIED
/.Compare and contrast the following aspects of criminal and civil law: (some
information will be further along in the slides that others)
—Origin of cases
—Parties involved and their objectives
—Percent of cases that go to trial
—Location of trials
—Bases of decisions/outcomes - Answer-✅origin of cases:
criminal - harmful to society as a whole (both misdemeanor and felony)
civil - legal disputes between "individuals" over unmet obligations or perceived harms
parties involved and their objectives:
criminal - the state (as both the accuser and prosecutor)
civil - plaintiff files complaint or legal suit against defendant. objectives are monetary
damages, determination of rights, etc.
percent of cases that go to trial:
criminal - 10% (most cases end in plea bargain)
civil - 90%
location of trials:
criminal - county courtrooms w/ county prosecutors and judges
civil - start in country/state courts. deal with question of fact and law
bases of decisions/outcomes:
criminal - "beyond a reasonable doubt"
civil - "preponderance of evidence"
/.Overview the prosecution process under criminal law. - Answer-✅- arrest made
- charge(s) filed, arraignment hearing held
- evidence presented to grand jury, indictment returned
- trial process begins (multiple hearings, then trial)
*very lengthy*
,/.Describe the similarities and differences between the two types of criminal offenses in
Texas. - Answer-✅misdemeanors - less serious punishment: shorter times in county
jail, community service, and/or fine
felonies - more serious punishment: longer sentences in state prison or county jail,
community service, and/or fine
/.Using the fallen-tree example, highlight the aspects of the civil trial process that are
unique from a criminal one. - Answer-✅- "loser" must compensate "winner"
- hear from witnesses and present evidence
- can be totally or partially responsible
/.Discuss the case loads of both federal and state courts and explain the differences. -
Answer-✅State courts handle issues under state law
- 99.9% of 22 million criminal cases in US annually
- 99.8% of 27 million civil cases nationwide annually
Federal courts handle issues under federal law
- very few cases compared to state courts
/.Describe the hierarchy of three main groups of state courts. - Answer-✅trial courts -->
intermediate appellate court --> supreme court
/.Explain the types of questions considered in each of these levels. Provide examples.
Also explain the implications of a type of question NOT being considered at a particular
level. - Answer-✅trial courts deal with:
- questions of fact
answered by jury if a jury trial, otherwise by judge
ex: where was the accused that night?
- questions of law
always answered by judge
ex: may the attorney ask that question?
courts of appeal hear objections to lower court decisions
- appeals can only be based on questions of law
/.Describe or draw out the diagram that shows all of the types and subtypes of courts in
Texas. Include the flows of appeals from all of the lower courts. - Answer-✅justice
courts or municipal courts
-->
county level courts
constitutional, statutory, or statutory probate courts
-->
district courts
-->
, courts of appeals
-->
supreme court or court of criminal appeals
/.In general terms, differentiate between the roles and the jurisdictions of each of these
courts. (Use the lecture as your guide as to level I'm expecting.) - Answer-✅justice
courts:
small claims courts (less than $10000), limited civil actions (misdemeanors)
municipal courts:
criminal misdemeanor by fine only
-->
county level courts
constitutional:
civil actions and juvenile matters
statutory:
all civil, criminal, original, and appellate actions prescribed by constitutional county court
statutory probate courts:
probate matters
-->
district courts
original jurisdiction in civil actions over $200 and felony crimes
juvenile matters
-->
courts of appeals:
intermediate appeals from trial courts
-->
supreme court:
final appellate jurisdiction in civil and juvenile cases
court of criminal appeals:
final appellate jurisdiction in criminal cases
/.Describe how state residents participate in the judicial system and how they are
selected. - Answer-✅grand juries
- decide whether or not to indict accused individual and send them to trial
- reviews state's evidence: does it justify putting the charged person on trial?
/.Explain the issues with fairness and peremptory strikes in jury trials. Discuss whether
this is a partisan issue. - Answer-✅"key man" was the method used in tx through
august 2015 to select grand juries
- grand jurors were selected by "jury commissioners" picked by the district judge
- system was accused of persistent economic bias
"random selection" is new process for grand jury selections (as of sept 2015)
- makes system function similarly to how trial juries are selected in order to "better
represent the community"
