CLERK CERTIFICATION LEVEL II
QUESTIONS WITH COMPLETE
ANSWERS
If a defendant who requests a trial is indigent, the court is required to appoint an
attorney to represent the defendant in all instances. - ANSWER-False
Defendants may call the court to request an extension and reset of their cases. -
ANSWER-False
Municipal courts are not required to pay jurors. - ANSWER-True
A person who is deaf or hearing impaired may not be a juror. - ANSWER-False
A summons issued by a judge may be served by main by the court clerk because it
does not arrest anyone. - ANSWER-False
Judges may not grant deferred disposition for any offense that occurs in a
construction maintenance zone when workers are present. - ANSWER-True
Adult defendants represented by an attorney do not have to appear at trial as long as
the prosecutor agrees. - ANSWER-True
There is no time limit when a judge of a municipal court of non-record may grant a
new trial as long as the judge determines that justice has not been done in the first
trial. - ANSWER-False
A motion for new trial is timely filed in a non-record municipal court of it is mailed on
or before the date it was due and received by the clerk on it before the 10th business
day that it was due to be filed. - ANSWER-True
Defendants in a non-record municipal court who request to take a driving safety
course but fail to complete the course, lose the right to appeal. - ANSWER-False
Before a judge grants deferred disposition, the court must collect court costs from
the defendant. - ANSWER-False
Defendants who fail to complete the terms of deferred disposition must pay the $15
time payment fee immediately with payment of the fine. - ANSWER-False
If a defendant pays the judgment and then requests an appeal, the appeal is moot
because the judgment has been satisfied. - ANSWER-True
Defendants who fail to complete DSC or the terms of their deferral under deferred
disposition do not lose their right to appeal in a non-record municipal court. -
ANSWER-True
, If a defendant fails to present an appeal bond to the court within the required time
deadline, the municipal court may refuse to send it to the county court. - ANSWER-
False
What is the purpose of the Code Construction Act? - ANSWER-Aid in understanding
statutes, provide guidance on construction of words and phrases, help courts to
ascertain and enforce the legislative intent of statues
What is the Rule of the Specific? - ANSWER-If there are two provisions that seem to
cover the same topic but one is specific to a certain court that law applies to that
court
Which statutes contain rules regarding pleas and appearances for municipal court
defendants? - ANSWER-Chapter 45 and Article 27.14, C.C.P.
Which statutes contain rules regarding municipal court appeals? - ANSWER-Chapter
44 and 45
When researching Penal Code offenses, with what should the clerk be concerned? -
ANSWER-What has been harmed, How much harm has occurred, Definitions of
words in the Penal Code
What is an inchoate offense? - ANSWER-An attempted criminal act when the act
was not completed
What is venue? - ANSWER-Location
The code of criminal procedure governs criminal investigations and trials. -
ANSWER-True
The rules in the Code Construction Act for computing time require the courts to count
the day that the action occurs and the last day of the action is also included. -
ANSWER-False
The Code Construction Act provides that title headings of articles or sections do not
limit or expand the meaning of a statute. - ANSWER-True
Municipal court defendants do not have aright to a speedy trial. - ANSWER-False
When a clerk researches a procedure, the clerk should first determine the statutes
that are applicable. - ANSWER-False
The Penal Code is a collection of criminal and civil statutes defining offenses, setting
criminal penalties and civil remedies. - ANSWER-False
Fine-only offenses outside the Penal Code are Class B misdemeanor of the fine is
more than $500. - ANSWER-False
QUESTIONS WITH COMPLETE
ANSWERS
If a defendant who requests a trial is indigent, the court is required to appoint an
attorney to represent the defendant in all instances. - ANSWER-False
Defendants may call the court to request an extension and reset of their cases. -
ANSWER-False
Municipal courts are not required to pay jurors. - ANSWER-True
A person who is deaf or hearing impaired may not be a juror. - ANSWER-False
A summons issued by a judge may be served by main by the court clerk because it
does not arrest anyone. - ANSWER-False
Judges may not grant deferred disposition for any offense that occurs in a
construction maintenance zone when workers are present. - ANSWER-True
Adult defendants represented by an attorney do not have to appear at trial as long as
the prosecutor agrees. - ANSWER-True
There is no time limit when a judge of a municipal court of non-record may grant a
new trial as long as the judge determines that justice has not been done in the first
trial. - ANSWER-False
A motion for new trial is timely filed in a non-record municipal court of it is mailed on
or before the date it was due and received by the clerk on it before the 10th business
day that it was due to be filed. - ANSWER-True
Defendants in a non-record municipal court who request to take a driving safety
course but fail to complete the course, lose the right to appeal. - ANSWER-False
Before a judge grants deferred disposition, the court must collect court costs from
the defendant. - ANSWER-False
Defendants who fail to complete the terms of deferred disposition must pay the $15
time payment fee immediately with payment of the fine. - ANSWER-False
If a defendant pays the judgment and then requests an appeal, the appeal is moot
because the judgment has been satisfied. - ANSWER-True
Defendants who fail to complete DSC or the terms of their deferral under deferred
disposition do not lose their right to appeal in a non-record municipal court. -
ANSWER-True
, If a defendant fails to present an appeal bond to the court within the required time
deadline, the municipal court may refuse to send it to the county court. - ANSWER-
False
What is the purpose of the Code Construction Act? - ANSWER-Aid in understanding
statutes, provide guidance on construction of words and phrases, help courts to
ascertain and enforce the legislative intent of statues
What is the Rule of the Specific? - ANSWER-If there are two provisions that seem to
cover the same topic but one is specific to a certain court that law applies to that
court
Which statutes contain rules regarding pleas and appearances for municipal court
defendants? - ANSWER-Chapter 45 and Article 27.14, C.C.P.
Which statutes contain rules regarding municipal court appeals? - ANSWER-Chapter
44 and 45
When researching Penal Code offenses, with what should the clerk be concerned? -
ANSWER-What has been harmed, How much harm has occurred, Definitions of
words in the Penal Code
What is an inchoate offense? - ANSWER-An attempted criminal act when the act
was not completed
What is venue? - ANSWER-Location
The code of criminal procedure governs criminal investigations and trials. -
ANSWER-True
The rules in the Code Construction Act for computing time require the courts to count
the day that the action occurs and the last day of the action is also included. -
ANSWER-False
The Code Construction Act provides that title headings of articles or sections do not
limit or expand the meaning of a statute. - ANSWER-True
Municipal court defendants do not have aright to a speedy trial. - ANSWER-False
When a clerk researches a procedure, the clerk should first determine the statutes
that are applicable. - ANSWER-False
The Penal Code is a collection of criminal and civil statutes defining offenses, setting
criminal penalties and civil remedies. - ANSWER-False
Fine-only offenses outside the Penal Code are Class B misdemeanor of the fine is
more than $500. - ANSWER-False
