Clerk Certification Level 1 Exam Practice Questions
with Expert Solutions
What is meant by the statement: "The American judicial system is an adversarial system?" - Answer 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. - Answer 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 - Answer 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 - Answer 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? - Answer The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law. - Answer False
List the courts established by the Texas Constitution. - Answer Texas Supreme Court, Texas Court of
Criminal Appeals, intermediate courts of appeals, district courts, and justice courts.
,Define jurisdiction. - Answer Jurisdiction is the authority and legal power to hear and decide cases.
What are the two highest appellate courts in Texas? - Answer Texas Supreme Court and Texas Court of
Criminal Appeals
Explain the difference between a civil and criminal case. - Answer 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? - Answer Texas Supreme
Court
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
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
with Expert Solutions
What is meant by the statement: "The American judicial system is an adversarial system?" - Answer 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. - Answer 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 - Answer 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 - Answer 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? - Answer The Bill of Rights
Since Municipal Courts are local courts, they do not have to follow federal or state law. - Answer False
List the courts established by the Texas Constitution. - Answer Texas Supreme Court, Texas Court of
Criminal Appeals, intermediate courts of appeals, district courts, and justice courts.
,Define jurisdiction. - Answer Jurisdiction is the authority and legal power to hear and decide cases.
What are the two highest appellate courts in Texas? - Answer Texas Supreme Court and Texas Court of
Criminal Appeals
Explain the difference between a civil and criminal case. - Answer 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? - Answer Texas Supreme
Court
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
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
