CLERK CERTIFICATION LEVEL 1
EXAM QUESTIONS WITH COMPLETE
ANSWERS
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
What court has jurisdiction in the case as follows: An appeal from a municipal court -
ANSWER-County Court
What court has jurisdiction in the case as follows: a child support or child custody
case - ANSWER-District Court
City managers may establish traffic revenue quotas as a part of evaluating the
court's performance. - ANSWER-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. - ANSWER-
True
Judges may consider factors related to revenue for the city in determining the fine
and court costs in an individual's case. - ANSWER-False
Prosecutors help investigate and decide what complaints are filed in court. -
ANSWER-True
The judge and clerk may help and prosecutor , police officer and or code
enforcement officer investigate a crime. - ANSWER-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 - ANSWER-TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions - ANSWER-Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other
courts of your size - ANSWER-Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records - ANSWER-
Department of Public Safety
,Indicate which office(s) to call if you need assistance on: help with collecting the
proper court costs - ANSWER-State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government - ANSWER-Texas Municipal League
Indicate which office(s) to call if you need assistance on: a question about judicial
ethics - ANSWER-State Commission on Judicial Conduct
Indicate which office(s) to call if you need assistance on: a question about the crime
victims program - ANSWER-TMCEC Education Center, Texas Court Clerks
Association
Indicate which office(s) to call if you need assistance on: questions about the court
clerks' certification program - ANSWER-TMCEC Education Center, Texas Court
Clerks Association
Indicate which office(s) to call if you need assistance on: a legislative proposal
regarding prosecutors in municipal court - ANSWER-Texas Municipal Courts
Association, Texas Municipal League
The judge plays an adversarial role in court. - ANSWER-False
If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and
represent the State. - ANSWER-False
The prosecutor, with the consent of the judge, has the authority to dismiss a case. -
ANSWER-False
The prosecutor is responsible for preparing and drafting complaints and may ask the
clerk for assistance. - ANSWER-True
How are appellate courts different from trial courts? - ANSWER-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? - 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
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.
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 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
Both a bailiff and a warrant officer must comply with TCOLE training and standards. -
ANSWER-False
How often must the statement of officer and oath of office be filed? - ANSWER-Every
time an appointment, election, re-appointment, or re-election occurs; Each new term
of office.
Which must be filed first: the oath of office or the statement of officer? - ANSWER-
The statement of the officer.
When can a mayor in a general-law city be the ex officio municipal judge? -
ANSWER-In a general-law city, the mayor is the ex-officio judge of the municipal
court. The mayor continues as municipal judge during his or her term as mayor
unless the municipality, by ordinance, authorizes the election of a judge or provides
for the appointment and qualifications of a judge by ordinance. After the ordinance is
adopted by the city council, the mayor ceases to act in the capacity of a judge, even
if the position of judge is vacant.
What governs the selection of municipal judges in a home-rule municipality? -
ANSWER-The city's charter.
What must a general-law city do when a municipal judge is temporarily unable to
act? - ANSWER-If a municipal judge of a general-law city is temporarily unable to
act, the governing body may appoint one or more persons meeting the qualifications
for the position to sit for the regular municipal judge. The appointee has all powers
and duties of the office and is entitled to compensation.
What is a question of law? - ANSWER-An issue involving application/ interpretation
of law.
What is a question of fact? - ANSWER-An issue involving resolution of a factual
dispute.
What is judicial discretion? - ANSWER-Judicial discretion is the exercise of judicial
judgment. Judges' discretion to make decisions must be guided by law and be based
on facts and is the power to determine what, under existing circumstances, is right or
proper.
When does a judge not have discretion to perform an action? - ANSWER-When a
law prescribes a certain way to perform a certain action, the judge has no discretion.
Which kind of duty may a judge delegate to a court clerk? - ANSWER-Judges can
delegate a ministerial duty to the clerk.
Clerks may set and take bail from a defendant. - ANSWER-False
EXAM QUESTIONS WITH COMPLETE
ANSWERS
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
What court has jurisdiction in the case as follows: An appeal from a municipal court -
ANSWER-County Court
What court has jurisdiction in the case as follows: a child support or child custody
case - ANSWER-District Court
City managers may establish traffic revenue quotas as a part of evaluating the
court's performance. - ANSWER-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. - ANSWER-
True
Judges may consider factors related to revenue for the city in determining the fine
and court costs in an individual's case. - ANSWER-False
Prosecutors help investigate and decide what complaints are filed in court. -
ANSWER-True
The judge and clerk may help and prosecutor , police officer and or code
enforcement officer investigate a crime. - ANSWER-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 - ANSWER-TMCEC Education Center
Indicate which office(s) to call if you need assistance on: the proper forms to report
traffic convictions - ANSWER-Department of Public Safety
Indicate which office(s) to call if you need assistance on: statistical data on other
courts of your size - ANSWER-Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: driving records - ANSWER-
Department of Public Safety
,Indicate which office(s) to call if you need assistance on: help with collecting the
proper court costs - ANSWER-State Comptroller of Public Accounts
Indicate which office(s) to call if you need assistance on: general information on city
government - ANSWER-Texas Municipal League
Indicate which office(s) to call if you need assistance on: a question about judicial
ethics - ANSWER-State Commission on Judicial Conduct
Indicate which office(s) to call if you need assistance on: a question about the crime
victims program - ANSWER-TMCEC Education Center, Texas Court Clerks
Association
Indicate which office(s) to call if you need assistance on: questions about the court
clerks' certification program - ANSWER-TMCEC Education Center, Texas Court
Clerks Association
Indicate which office(s) to call if you need assistance on: a legislative proposal
regarding prosecutors in municipal court - ANSWER-Texas Municipal Courts
Association, Texas Municipal League
The judge plays an adversarial role in court. - ANSWER-False
If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and
represent the State. - ANSWER-False
The prosecutor, with the consent of the judge, has the authority to dismiss a case. -
ANSWER-False
The prosecutor is responsible for preparing and drafting complaints and may ask the
clerk for assistance. - ANSWER-True
How are appellate courts different from trial courts? - ANSWER-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? - 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
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.
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 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
Both a bailiff and a warrant officer must comply with TCOLE training and standards. -
ANSWER-False
How often must the statement of officer and oath of office be filed? - ANSWER-Every
time an appointment, election, re-appointment, or re-election occurs; Each new term
of office.
Which must be filed first: the oath of office or the statement of officer? - ANSWER-
The statement of the officer.
When can a mayor in a general-law city be the ex officio municipal judge? -
ANSWER-In a general-law city, the mayor is the ex-officio judge of the municipal
court. The mayor continues as municipal judge during his or her term as mayor
unless the municipality, by ordinance, authorizes the election of a judge or provides
for the appointment and qualifications of a judge by ordinance. After the ordinance is
adopted by the city council, the mayor ceases to act in the capacity of a judge, even
if the position of judge is vacant.
What governs the selection of municipal judges in a home-rule municipality? -
ANSWER-The city's charter.
What must a general-law city do when a municipal judge is temporarily unable to
act? - ANSWER-If a municipal judge of a general-law city is temporarily unable to
act, the governing body may appoint one or more persons meeting the qualifications
for the position to sit for the regular municipal judge. The appointee has all powers
and duties of the office and is entitled to compensation.
What is a question of law? - ANSWER-An issue involving application/ interpretation
of law.
What is a question of fact? - ANSWER-An issue involving resolution of a factual
dispute.
What is judicial discretion? - ANSWER-Judicial discretion is the exercise of judicial
judgment. Judges' discretion to make decisions must be guided by law and be based
on facts and is the power to determine what, under existing circumstances, is right or
proper.
When does a judge not have discretion to perform an action? - ANSWER-When a
law prescribes a certain way to perform a certain action, the judge has no discretion.
Which kind of duty may a judge delegate to a court clerk? - ANSWER-Judges can
delegate a ministerial duty to the clerk.
Clerks may set and take bail from a defendant. - ANSWER-False
