1|Page
NYC CLERICAL ASSOCIATE EXAMINATION
COMPLETE VERIFIED QUESTIONS AND DETAILED
SOLUTIONS LATEST UPDATE THIS YEAR JUST
RELEASED
What is meant by trial de novo? - Answer-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. - Answer-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? - Answer-
Statutory Courts
,2|Page
Name the two types of municipal courts a city may choose
to have - Answer-Court of record/ non-record
What kind of cases must be initiated in municipal court
and not in any other court? - Answer-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?
- Answer-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? - Answer-State
law, fine-only offenses.
What is the geographic jurisdiction of the municipal court?
- Answer-Within the limits of the city.
,3|Page
What are the penalty limits of offenses over which
municipal courts have jurisdiction? - Answer-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. - Answer-
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? - Answer-$500
What is the maximum amount of a fine for a Class C
misdemeanor outside of the Penal Code? - Answer-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? - Answer-$2000
If both the municipal and justice court have concurrent
jurisdiction over a criminal case, which court retains
, 4|Page
jurisdiction? - Answer-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? - Answer-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 - Answer-Court of Appeals
What court has jurisdiction in the case as follows: A
divorce case - Answer-District Court
What court has jurisdiction in the case as follows: A
speeding ticket - Answer-Municipal Court
What court has jurisdiction in the case as follows: A felony
murder case - Answer-District Court
NYC CLERICAL ASSOCIATE EXAMINATION
COMPLETE VERIFIED QUESTIONS AND DETAILED
SOLUTIONS LATEST UPDATE THIS YEAR JUST
RELEASED
What is meant by trial de novo? - Answer-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. - Answer-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? - Answer-
Statutory Courts
,2|Page
Name the two types of municipal courts a city may choose
to have - Answer-Court of record/ non-record
What kind of cases must be initiated in municipal court
and not in any other court? - Answer-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?
- Answer-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? - Answer-State
law, fine-only offenses.
What is the geographic jurisdiction of the municipal court?
- Answer-Within the limits of the city.
,3|Page
What are the penalty limits of offenses over which
municipal courts have jurisdiction? - Answer-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. - Answer-
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? - Answer-$500
What is the maximum amount of a fine for a Class C
misdemeanor outside of the Penal Code? - Answer-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? - Answer-$2000
If both the municipal and justice court have concurrent
jurisdiction over a criminal case, which court retains
, 4|Page
jurisdiction? - Answer-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? - Answer-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 - Answer-Court of Appeals
What court has jurisdiction in the case as follows: A
divorce case - Answer-District Court
What court has jurisdiction in the case as follows: A
speeding ticket - Answer-Municipal Court
What court has jurisdiction in the case as follows: A felony
murder case - Answer-District Court
