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Practice Test Pt. 2 Flashcards | StudBud
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Practice Test Pt. 2
Practice Test Pt. 2
82 terms
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Answers
1
Only the defense may request that a jury be shuffled
False
True
2
Which of the following is not the correct maximum fine?
Child passenger safety seat violation - $250
Passing a school bus - $1,250
Driving while license invalid - $200
No license plate - $200
3
Which of the following is not a valid legal exemption that a potential juror could claim?
The person is the primary caretaker of a person unable to care for himself
The person has a business meeting out of town
The person is a full time student
The person has custody of a child under 12 yrs that wold be left alone
4
What types of words do not show bias?
Terms like policeman, fireman, workmen
Terms like one-man operation or man made
all show bias
Terms like police officer, firefighter, workers
5
When orderd to pay in installments, the court does not start report the conviction until the final payment is made
False
True
6
An appeal is having a higher court conduct a new trial or review either the facts/questions of law from lower courts
True
False
7
Courts are required to place court costs in separate bank accounts.
False
True
8
Cities may pass an ordinance to collect additional court costs without authorization by state law.
True
False
9
If a court does not report court costs timely, the city cannot keep any handling fee or the interest
False
True
10
If the court determines that the offense involved family violence, the court shall:
Enhance the charges
Automatically issue a Magistrate’s Emergency Protective Order (EPO)
Require the defendant to testify
Make an affirmative finding and enter it in the judgment
11
What reports must the court submit to the Texas Department of Public Safety?
All answeres are correct
Orders of deferred disposition of Alcoholic offenses involving minors
Convictions of all traffic offenses
Convictions of Alcoholic Beverage Code offenses involving minors
12
The clerk’s role in the trial process includes:
Chatting with police officers while they wait
Assisting Pro Se defendants with their defense strategy
Applying the facts to the law
Managing administrative processes on the day of trial
13
A person who has been stopped for having an open container may be arrested even if he wants to sign the citation
True
False
14
A defendant’s property may be sold to satisfy a municipal court judgment.
True
False
15
Where does an appeal from municipal court go?
County court
Texas Supreme Court
Common Law Court
Texas Court of Criminal Appeals
16
When someone files a permanent exemption from jury service, the clerk must notify the county tax assessor/collector.
True
False
17
A person who fails to appear for jury duty may be charged with failure to appear and assessed a fine of $500.
True
False
18
Each clerk of a municipal court of record is required to keep records of persons charged with traffic offenses
False
True
19
Defendants who request to take a driving safety course under Article 45.0511 CCP must have a Texas DL and insurance
True
False
20
People who attempt to be intimidating are less successful if the clerk creates nonverbal barriers
False
True
21
When a defendant appeals his or her traffic case, the court does not report a conviction to DPS.
True
False
22
Municipal courts are required to pay jurors.
True
False
23
The judge must double the fine for violations when workers are present in a work zone
False
True
24
If an adult defendant fails to pay his or her fine, the judge, after notice and a hearing, may issue a capias pro fine.
False
True
25
When a defendant completes a DSC, the court is required to report to DPS the date the case is dismissed.
False
True
26
In Texas, all traffic cases are criminal.
False
True
27
Courts must require defendants to take the DSC within 90 days and have the certificate to the court by 120 days
False
True
28
A subpoena duces tecum requests a witness to bring with him or her something tangible that is desired as evidence
False
True
29
The thoughts and words used are more important than proper punctuation.
True
False
30
Courts are required to submit a monthly statistical report to the Office of Court Administration.
True
False
31
Which of the following rights do not apply to defendants in municipal court?
The right to have a court-appointed attorney
The right to have the judge assess punishment after being found guilty
The right to file a motion for new trial after judgment is entered
The right to a jury trial
32
If a defendant fails to appear for a jury trial, the judge may find the defendant guilty and access a maximum fine
False
True
33
If a certified Spanish interpreter is not found within 75 miles of court, it may appoint a spoken language interpreter
True
False
34
Trial de novo means that a defendant will have a new trial in the appellate court upon appeal
True
False
35
A defendant in a municipal court of non-record who fails to complete a driving safety course may not appeal his case
True
False
36
When a defendant fails to pay a previously assessed fine, the judge may require a defendant to perform community service
False
True
37
What is the judgment of the court?
The final payment of the fine and costs
The final legal decision of the court
all responses are correct
The clerk’s notation in the docket that closes the case
38
Which of the following processes may municipal court clerks issue?
Subpoena
Warrant
Summons
Capias Pro Fine
39
When a court grants deferred disposition, what may the court require the defendant to pay up front?
Court costs, the fine, and the special expense fee
Court costs and the special expense fee
Court costs and a charitable donation to the judge
Court costs and a deferred fee
40
The child safety fund is only collected on Rules of the Road offenses that are committed in a school crossing zone.
True
False
41
Purchasing insurance after receiving the citation is a defense of the citation
True
False
42
A peremptory challenge to a juror is commonly called a strike
False
True
43
The $50 warrant fee is collected when a peace officer processes a warrant and there is a conviction in the case
True
False
44
What is the proper term for when a court pronounces judgment?
Adjudication
Discretion
Magistration
Arraignment
45
Personal information about jurors is public information and clerks may give it to anyone who asks.
True
False
46
Municipal courts are required to try all cases within 60 days of the request for trial.
False
True
47
What is the venire?
A list of defendants set for trial on a certain date
A list of prospective jurors
A list of prospective dates to schedule jury trial
A list of citizens filing complaints
48
A judge may not grant deferred disposition for a violation involving motor vehicle control to a defendant with a CDL
True
False
49
What is “The Rule?”
A motion asking that the defendant adhere to all the rules of the court
A motion asking that all witnesses be sworn in at the same time
A motion asking the court to immediately rule on all physical evidence
A motion to keep witnesses outside the court so they don't hear testimony
50
The Truancy Prevention fund can pay the salay of an administrator if there is no juvenile case manager
False
True
51
The Nonresident Violator Compact allows motorists to receive the same treatment regardless of ther stat of origin
True
False
52
The court is still required to post the court docket in a public place even if the court provides internet access.
True
False
53
A person who is deaf or hearing impaired may not serve as a juror
False
True
54
How does the Code Construction Act require courts to calculate time?
Count week days except for those that fall on a holiday
Count calendar days, including the first and last day and weekends
Count calendar days, excluding the day of occurance, weekends & holidays
Only count working days
55
At what point may a continuance be granted?
On written motion upon sufficient cause shown and noted
When the clerk received information that the defendant needs a continuance
Anytime the court has been notified by phone or voice mail
When the motion for continuance is received by the court
56
When ordered to discharge the fine by community service, the court does not report that traffic conviction to DPS
False
True
57
Before issuing a capias pro fine, what must the court do?
Send a summons
Hold a hearing on the defendant’s ability to satisfy the judgment
Charge the defendant with failure to appear
nothing
58
When a defendant makes a partial payment, the clerk must credit the payment first to the fine.
True
False
59
The court may subpoena the parents or person having custody of a child to produce a child witness in court
False
True
60
Pretrial hearings provide an effective means of case flow management
False
True
61
Only the six jurors who hear a case are required to read the juror handbook.
True
False
62
When can the judge assess a compliance dismissal fee?
Updating his or her address on his or her driver’s license
All are correct
When a defendant gets a headlight fixed
Proof of a valid Texas DL that was valid at the time of the arrest
63
Research shows that verbal communication is the biggest factor of the communication process.
True
False
64
Being task-oriented and explaining court procedures helps defendants to respond more respectfully to court staff.
False
True
65
If cities want to deny the renewal of driver's licenses to defendants who fail to appear, they must contract with DPS
True
False
66
All Rules of the Road offenses are moving violations.
False
True
67
When the clerk receives a Motion for New Trial, the clerk should:
Deny and return to the defendant
Hold for 10 business days
a. Forward the case to county court
Notify the judge immediately
68
Treating people fairly may mean that sometimes they are treated differently.
False
True
69
Courts do not report convictions for theft of gasoline because it is not a traffic offense.
True
False
70
Proper signage throughout the court facility will help provide guidance to court participants.
False
True
71
If an appeal bond is not timely filed, the appellate court may not take jurisdiction.
True
False
72
What is a challenge to the array?
A motion to strike a juror for a legal reason during jury selection
A motion that challenges the complaint
A motion that the entire jury panel be discharged due to bias
A motion to shuffle jurors
73
An appeal bond may not be less than double the amount of fine and court costs.
False
True
74
A defendant who is charged with a city ordinance violation may not appeal his or her conviction.
True
False
75
Which of the following is a right of a defendant in municipal court:
all answers are correct
To receive a copy of the complaint
To represent themselves
A jury trial
76
A person who does not reside within the city may not serve as a juror in municipal court
False
True
77
The only way to meet financial responsibility is by purchasing liability insurance from a licensed company in Texas
False
True
78
When are court costs required to be collected on cases?
Upon filing of the case
Only upon conviction
Upon conviction, deferral, and dismissal of a case
Upon conviction and when judgment is deferred
79
When a defendant fails to complete the terms of deferred disposition, the judge may reduce the fine.
True
False
80
When a defendant has been in jail before conviction, who is responsible for granting jail credit?
The judge grants it when entering the judgment
The jail does when the defendant is released
All answers are correct
The clerk does by noting it in the docket
81
What filters do people listen through?
All answers are correct
Their assumptions about what a person might be trying to say
Their perceptions of a situation
Their past experiences
82
When establishing procedures for citizen’s complaints, clerks should work with
The prosecutor
A citizen advisory board
Police Chief
City Council
