POLITICAL SCIENCE 101 EXAM 5 QUESTIONS AND ANSWERS
1. Compare and contrast the following aspects of criminal and civil law: (some information will be
further along in the slides than others (start of 11A) - CORRECT ANSWER✅✅A criminal charge follows
along the lines of murder while a civil suit is a wrongful death
1. origin of cases - CORRECT ANSWER✅✅Criminal - harmful to society as a whole (both misdemeanor
and felony)
Civil - legal disputes between "individuals" over unmet obligations or perceived harms
Criminal cases spawn from someone who harms overall society where civil cases spawn from individuals
who are unhappy with each other or have some beef
1. Parties involved and their objectives - CORRECT ANSWER✅✅Criminal - the state (as both the accuser
and prosecutor)
Civil - plaintiff files complaint or legal suit against defendant. Objectives are monetary damages,
determination of rights, etc)
Since criminal's harm society as a whole, the state is involved. Civil is civil focused so it is just a legal suit
with the defendant. Just determines small punishments.
1. Percent of cases that go to trial - CORRECT ANSWER✅✅Criminal - about 10% (most cases end in plea
bargain)
Civil - 90%
Since criminality is hard to deny, there are barely any trial cases, civil on the other hand usually has a lot
more arguing.
1. Location of trials - CORRECT ANSWER✅✅civil- county courtrooms w/ county prosecutor and judges
Criminal - start in country/state courts, deal with questions of fact and law.
Criminal trials take place in the country/state courts because they do affect society as a whole while civil
cases occur in county courtrooms and figure out how things interfere with the law
,1. Bases of decisions/outcomes - CORRECT ANSWER✅✅Criminal - "beyond a reasonable doubt"
Civil - "preponderance of the evidence"
Criminal decisions are based on what makes sense while civil is based on the evidence of what they have
2. Overview the prosecution process under criminal law. - CORRECT ANSWER✅✅Prosecution is a multi-
step, very lengthy process.
-arrest made
-charge(s) filed, arraignment hearing held
-evidence presented to grand jury, indictment returned
-trial process begins (multiple hearings, then trial)
-can take a year or even more
3. Describe the similarities and differences between the two types of criminal offenses in Texas. -
CORRECT ANSWER✅✅Misdemeanors: less serious punishment with shorter times in county jail,
community service, and/or fine
Felonies: more serious punishment with longer sentences in state prison or county jail. Community
service, and/or fine (more info on google drive)
4. Using the fallen-tree example, highlight the aspects of the civil trial process that are unique from a
criminal one. - CORRECT ANSWER✅✅-The "loser" must compensate the "winner" -They hear from
witnesses and present evidence -They can be totally or partially responsible
(more info on google drive)
5. Discuss the case loads of both federal and state courts and explain the differences. - CORRECT
ANSWER✅✅Federal courts handle issues under federal law → they hear very few cases compared to
state courts.
State courts hand issues under state law → 99.9% of 22 million criminal cases in US annually → 99.8% of
27 million civil cases nationwide annually.
, This is because state law governs most aspects of citizens' daily lives →Texas has only 2600 courts to
handle its share of the load →This is the real reason that so many cases end in plea bargains.
6. Describe the hierarchy of three main groups of state courts. - CORRECT ANSWER✅✅It starts with the
Trial courts and moves up to the intermediate appellate courts and then further up to the supreme
court.
7. Explain the types of questions considered in each of these levels. Provide examples. Also explain the
implications of a type of question NOT being considered at a particular level. (end of 11A) - CORRECT
ANSWER✅✅Original-jurisdiction or trial courts deal with 2 types of questions:
→Question of fact -answered by jury if a jury trial, otherwise by a judge *ex. Where was the accused
that night? *ex. Did the accursed commit that crime?
→Question of law -always answered by judge.
*ex. Is that item of evidence admissible? *ex. May the attorney ask that question?
1. Describe or draw out the diagram that shows all of the types and subtypes of courts in Texas. Include
the flows of appeals from all of the lower courts.
(Start of 11B) - CORRECT ANSWER✅✅Justice courts or municipal courts → County level courts
constitutional, statutory, or statutory probate courts → district courts → courts of appeals → supreme
court or court of criminal appeals
2. In general terms, differentiate between the roles and the jurisdictions of each of these courts. (Use
the lecture as your guide as to the level I'm expecting.) - CORRECT ANSWER✅✅Justice Courts: →small
claims courts (less than $10,000), limited civil actions (misdemeanors).
Municipal Courts: →criminal misdemeanor by fine only.
County level Courts: →Constitutional: Civil actions and juvenile matters →Statutory: all civil, criminal,
original, and appellate actions prescribed by constitutional county court →Statutory probate courts:
Probate matters.
District courts: →Original jurisdiction in civil actions over $200 and felony crimes →juvenile matters.
1. Compare and contrast the following aspects of criminal and civil law: (some information will be
further along in the slides than others (start of 11A) - CORRECT ANSWER✅✅A criminal charge follows
along the lines of murder while a civil suit is a wrongful death
1. origin of cases - CORRECT ANSWER✅✅Criminal - harmful to society as a whole (both misdemeanor
and felony)
Civil - legal disputes between "individuals" over unmet obligations or perceived harms
Criminal cases spawn from someone who harms overall society where civil cases spawn from individuals
who are unhappy with each other or have some beef
1. Parties involved and their objectives - CORRECT ANSWER✅✅Criminal - the state (as both the accuser
and prosecutor)
Civil - plaintiff files complaint or legal suit against defendant. Objectives are monetary damages,
determination of rights, etc)
Since criminal's harm society as a whole, the state is involved. Civil is civil focused so it is just a legal suit
with the defendant. Just determines small punishments.
1. Percent of cases that go to trial - CORRECT ANSWER✅✅Criminal - about 10% (most cases end in plea
bargain)
Civil - 90%
Since criminality is hard to deny, there are barely any trial cases, civil on the other hand usually has a lot
more arguing.
1. Location of trials - CORRECT ANSWER✅✅civil- county courtrooms w/ county prosecutor and judges
Criminal - start in country/state courts, deal with questions of fact and law.
Criminal trials take place in the country/state courts because they do affect society as a whole while civil
cases occur in county courtrooms and figure out how things interfere with the law
,1. Bases of decisions/outcomes - CORRECT ANSWER✅✅Criminal - "beyond a reasonable doubt"
Civil - "preponderance of the evidence"
Criminal decisions are based on what makes sense while civil is based on the evidence of what they have
2. Overview the prosecution process under criminal law. - CORRECT ANSWER✅✅Prosecution is a multi-
step, very lengthy process.
-arrest made
-charge(s) filed, arraignment hearing held
-evidence presented to grand jury, indictment returned
-trial process begins (multiple hearings, then trial)
-can take a year or even more
3. Describe the similarities and differences between the two types of criminal offenses in Texas. -
CORRECT ANSWER✅✅Misdemeanors: less serious punishment with shorter times in county jail,
community service, and/or fine
Felonies: more serious punishment with longer sentences in state prison or county jail. Community
service, and/or fine (more info on google drive)
4. Using the fallen-tree example, highlight the aspects of the civil trial process that are unique from a
criminal one. - CORRECT ANSWER✅✅-The "loser" must compensate the "winner" -They hear from
witnesses and present evidence -They can be totally or partially responsible
(more info on google drive)
5. Discuss the case loads of both federal and state courts and explain the differences. - CORRECT
ANSWER✅✅Federal courts handle issues under federal law → they hear very few cases compared to
state courts.
State courts hand issues under state law → 99.9% of 22 million criminal cases in US annually → 99.8% of
27 million civil cases nationwide annually.
, This is because state law governs most aspects of citizens' daily lives →Texas has only 2600 courts to
handle its share of the load →This is the real reason that so many cases end in plea bargains.
6. Describe the hierarchy of three main groups of state courts. - CORRECT ANSWER✅✅It starts with the
Trial courts and moves up to the intermediate appellate courts and then further up to the supreme
court.
7. Explain the types of questions considered in each of these levels. Provide examples. Also explain the
implications of a type of question NOT being considered at a particular level. (end of 11A) - CORRECT
ANSWER✅✅Original-jurisdiction or trial courts deal with 2 types of questions:
→Question of fact -answered by jury if a jury trial, otherwise by a judge *ex. Where was the accused
that night? *ex. Did the accursed commit that crime?
→Question of law -always answered by judge.
*ex. Is that item of evidence admissible? *ex. May the attorney ask that question?
1. Describe or draw out the diagram that shows all of the types and subtypes of courts in Texas. Include
the flows of appeals from all of the lower courts.
(Start of 11B) - CORRECT ANSWER✅✅Justice courts or municipal courts → County level courts
constitutional, statutory, or statutory probate courts → district courts → courts of appeals → supreme
court or court of criminal appeals
2. In general terms, differentiate between the roles and the jurisdictions of each of these courts. (Use
the lecture as your guide as to the level I'm expecting.) - CORRECT ANSWER✅✅Justice Courts: →small
claims courts (less than $10,000), limited civil actions (misdemeanors).
Municipal Courts: →criminal misdemeanor by fine only.
County level Courts: →Constitutional: Civil actions and juvenile matters →Statutory: all civil, criminal,
original, and appellate actions prescribed by constitutional county court →Statutory probate courts:
Probate matters.
District courts: →Original jurisdiction in civil actions over $200 and felony crimes →juvenile matters.
