CLERK CERTIFICATION LEVEL 1
EXAM QUESTIONS AND ANSWERS
What is meant by the statement: "The American judicial system is an adversarial
system?" - Correct Answers -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. - Correct
Answers -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 - Correct Answers -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 - Correct Answers -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? - Correct Answers -
The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law. -
Correct Answers -False
List the courts established by the Texas Constitution. - Correct Answers -Texas
Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
district courts, and justice courts.
,Define jurisdiction. - Correct Answers -Jurisdiction is the authority and legal power to
hear and decide cases.
What are the two highest appellate courts in Texas? - Correct Answers -Texas Supreme
Court and Texas Court of Criminal Appeals
Explain the difference between a civil and criminal case. - Correct Answers -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? - Correct
Answers -Texas Supreme Court
How are appellate courts different from trial courts? - Correct Answers -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? - Correct Answers -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. - Correct
Answers -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? - Correct Answers -Statutory Courts
Name the two types of municipal courts a city may choose to have - Correct Answers -
Court of record/ non-record
What kind of cases must be initiated in municipal court and not in any other court? -
Correct Answers -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? - Correct Answers -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? - Correct Answers -State law, fine-only offenses.
What is the geographic jurisdiction of the municipal court? - Correct Answers -Within the
limits of the city.
What are the penalty limits of offenses over which municipal courts have jurisdiction? -
Correct Answers -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. - Correct Answers -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? - Correct Answers -$500
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal
Code? - Correct Answers -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? - Correct Answers -$2000
If both the municipal and justice court have concurrent jurisdiction over a criminal case,
which court retains jurisdiction? - Correct Answers -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? - Correct Answers -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 -
Correct Answers -Court of Appeals
What court has jurisdiction in the case as follows: A divorce case - Correct Answers -
District Court
What court has jurisdiction in the case as follows: A speeding ticket - Correct Answers -
Municipal Court
, What court has jurisdiction in the case as follows: A felony murder case - Correct
Answers -District Court
What court has jurisdiction in the case as follows: An appeal from a municipal court -
Correct Answers -County Court
What court has jurisdiction in the case as follows: a child support or child custody case -
Correct Answers -District Court
City managers may establish traffic revenue quotas as a part of evaluating the court's
performance. - Correct Answers -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. - Correct
Answers -True
Judges may consider factors related to revenue for the city in determining the fine and
court costs in an individual's case. - Correct Answers -False
Prosecutors help investigate and decide what complaints are filed in court. - Correct
Answers -True
The judge and clerk may help and prosecutor , police officer and or code enforcement
officer investigate a crime. - Correct Answers -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 - Correct Answers -TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions - Correct Answers -Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other courts
of your size - Correct Answers -Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records - Correct
Answers -Department of Public Safety
Indicate which office(s) to call if you need assistance on: help with collecting the proper
court costs - Correct Answers -State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government - Correct Answers -Texas Municipal League
EXAM QUESTIONS AND ANSWERS
What is meant by the statement: "The American judicial system is an adversarial
system?" - Correct Answers -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. - Correct
Answers -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 - Correct Answers -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 - Correct Answers -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? - Correct Answers -
The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law. -
Correct Answers -False
List the courts established by the Texas Constitution. - Correct Answers -Texas
Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals,
district courts, and justice courts.
,Define jurisdiction. - Correct Answers -Jurisdiction is the authority and legal power to
hear and decide cases.
What are the two highest appellate courts in Texas? - Correct Answers -Texas Supreme
Court and Texas Court of Criminal Appeals
Explain the difference between a civil and criminal case. - Correct Answers -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? - Correct
Answers -Texas Supreme Court
How are appellate courts different from trial courts? - Correct Answers -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? - Correct Answers -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. - Correct
Answers -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? - Correct Answers -Statutory Courts
Name the two types of municipal courts a city may choose to have - Correct Answers -
Court of record/ non-record
What kind of cases must be initiated in municipal court and not in any other court? -
Correct Answers -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? - Correct Answers -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? - Correct Answers -State law, fine-only offenses.
What is the geographic jurisdiction of the municipal court? - Correct Answers -Within the
limits of the city.
What are the penalty limits of offenses over which municipal courts have jurisdiction? -
Correct Answers -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. - Correct Answers -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? - Correct Answers -$500
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal
Code? - Correct Answers -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? - Correct Answers -$2000
If both the municipal and justice court have concurrent jurisdiction over a criminal case,
which court retains jurisdiction? - Correct Answers -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? - Correct Answers -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 -
Correct Answers -Court of Appeals
What court has jurisdiction in the case as follows: A divorce case - Correct Answers -
District Court
What court has jurisdiction in the case as follows: A speeding ticket - Correct Answers -
Municipal Court
, What court has jurisdiction in the case as follows: A felony murder case - Correct
Answers -District Court
What court has jurisdiction in the case as follows: An appeal from a municipal court -
Correct Answers -County Court
What court has jurisdiction in the case as follows: a child support or child custody case -
Correct Answers -District Court
City managers may establish traffic revenue quotas as a part of evaluating the court's
performance. - Correct Answers -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. - Correct
Answers -True
Judges may consider factors related to revenue for the city in determining the fine and
court costs in an individual's case. - Correct Answers -False
Prosecutors help investigate and decide what complaints are filed in court. - Correct
Answers -True
The judge and clerk may help and prosecutor , police officer and or code enforcement
officer investigate a crime. - Correct Answers -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 - Correct Answers -TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions - Correct Answers -Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other courts
of your size - Correct Answers -Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records - Correct
Answers -Department of Public Safety
Indicate which office(s) to call if you need assistance on: help with collecting the proper
court costs - Correct Answers -State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government - Correct Answers -Texas Municipal League
