Texas Legal System
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Course Introduction
This course offers an in-depth overview of the Texas legal system, exploring its historical foundations, structure, and contemporary operation. Students will examine the organization and jurisdiction of Texas courts, the roles of judges, lawyers, and juries, and the processes involved in both civil and criminal cases. Key topics include state constitutional law, statutory interpretation, case law, and the relationship between Texas state law and federal law. Through case studies and practical examples, learners will gain insight into how the Texas legal system impacts individuals, businesses, and public policy within the state.
Recommended Textbook
Texas Criminal Law Principles and Practices 2nd Edition by Jerry L. Dowling
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16 Chapters
1169 Verified Questions
1169 Flashcards
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Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
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Sample Questions
Q1) The land,water,and airspace above the land and water where Texas statutes are enforceable is known as the ___________ jurisdiction of the state.
Answer: territorial
Q2) In classifying crimes,an offense which potentially requires incarceration in a penitentiary is known as a:
A)breach of the peace.
B)crime involving moral turpitude.
C)felony.
D)misprision offense.
Answer: C
Q3) One purpose of criminal law is to deter the commission of criminal offenses.In your view,how much does the threat of punishment deter you from engaging in undesirable social behavior?
Answer: Student responses will vary but should refer to the assumptions that underlie general deterrence theory and how their own behavior is influenced by those assumptions.
Q4) By state constitutional mandate,the specific phrase (8 words)must appear in all Texas indictments.
Answer: against the peace and dignity of the state
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Chapter 2: Elements of a Crime
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66 Flashcards
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Sample Questions
Q1) Which of the following is an element that must be proven in every criminal offense?
A)conduct
B)intent
C)motive
D)malice
Answer: A
Q2) Which of the following is an element that must be proven in every criminal offense?
A)intent
B)causation
C)injury
D)motive
Answer: B
Q3) An omission to act is a crime only if a reasonable person under same or similar circumstance would have acted.
A)True
B)False Answer: False
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Page 4
Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
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Sample Questions
Q1) The highest criminal appellate court in the state is the Texas Court of Criminal Appeals.
A)True
B)False
Answer: True
Q2) In Texas,the time calculation for the statute of limitations begins the date of the commission of the offense.
A)True
B)False
Answer: True
Q3) The charging instrument used to prosecute misdemeanor offenses must be signed by:
A)the prosecutor in the case.
B)the judge hearing the case.
C)the foreman of the grand jury.
D)the individual accused in the case.
Answer: A
Q4) The formal charging instrument in a misdemeanor prosecution in municipal court must be signed by the ______ attorney.
Answer: city
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Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) Suzy works at a jewelry store.Her boyfriend Cary convinces Suzy to assist him in burglarizing the store.When Suzy closes the store on Saturday evening,she purposefully fails to activate the alarm system.Early Sunday morning Cary breaks into the store and steals thousands of dollars' worth of diamonds.He immediately flees to Mexico,leaving Suzy behind.Investigation of the crime subsequently focuses on Suzy.Under Texas law,which of the following is correct about this situation?
A)Suzy can be convicted of burglary because she was an accomplice in the first degree in the commission of the burglary.
B)Suzy can be convicted of burglary because she knowingly aided Cary in the commission of the crime.
C)Suzy cannot be convicted of burglary because she received no share of the loot from the crime.
D)Suzy cannot be convicted of burglary because she was not at the store when the crime occurred.
Q2) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
Q3) Criminal responsibility for the conduct of another is known as _________ liability.
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Chapter 5: Criminal Homicide
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Sample Questions
Q1) Under the Texas Penal Code,human life begins at the point of _____________.
Q2) Ramona is driving down the street in her car.She is also sending a text via her smartphone.Distracted by the texting,she fails to notice a stop sign at the intersection.She proceeds into the intersection without slowing.She strikes a pedestrian who has stepped off the curb to cross the street.Even though she is only traveling about 20 miles per hour,the collision knocks the pedestrian in the air.Upon landing on the street,the blow to the head kills the pedestrian.Under Texas law,the most serious offense,if any,Ramona has committed is:
A)no offense as the death of pedestrian was an accident.
B)criminally negligent homicide.
C)vehicular homicide.
D)involuntary manslaughter.
Q3) Prosecutors often use motive to establish that a killing was intentional rather than accidental.
A)True
B)False
Q4) Under the traditional American System of Classification of criminal homicides,the offense of voluntary manslaughter is an intentional killing that lacks the element of
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Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) Elizabeth and Crissy get into an argument over a boy,Jacob.Elizabeth shoves Crissy into the wall and tells her to stay away from Jacob.Elizabeth has committed an assault.
A)True
B)False
Q2) Texas statute requires a victim of a sexual assault make immediate outcry,otherwise a presumption arises that the sexual conduct was consensual.
A)True
B)False
Q3) Whether or not a verbal utterance is considered a threat within the Texas law of assault depends solely upon the reaction of the victim.
A)True
B)False
Q4) Drive-by shootings at residences in which no one is injured are normally considered to be the offense of _______(two words)________.
Q5) Even willing sexual intercourse with a child is a criminal offense.For the purposes of the Texas sexual assault statute,_____ years old is the minimum age of consent for sexual intercourse.
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8
Chapter 7: Kidnapping and Related Offenses
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Sample Questions
Q1) It is a defense to a charge of unlawful transport if the accused and the individual who was being transported are:
A)closely related by blood or marriage.
B)both U.S.citizens.
C)members of the U.S.armed forces.
D)under 21 years of age.
Q2) If an abduction victim is held for ransom,the offense elevates to ___________ kidnapping.
Q3) One evening Carl,a 25-year-old street thug,forcibly enters Louise's home.Louise is a 75-year-old female.Carl demands money from Louise.She tells him she has none.Carl asks if she has an ATM card.Fearful of Carl,Louise admits she has such a card.Carl tells Louise,"Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM.Louise uses her card to withdraw $500,which she gives to Carl.Carl departs without otherwise harming Louise.In addition to likely burglary and robbery charges,Carl has also committed the offense of:
A)interference with personal liberty.
B)abduction of an elderly person.
C)aggravated kidnapping.
D)unlawful transport.
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Page 9
Chapter 8: Property Destruction Offenses
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Sample Questions
Q1) Markings that constitute political,social,or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.
A)True
B)False
Q2) The legal term referring to the domestic buildings that surround and support a residence is:
A)cartridge.
B)curtilage.
C)cartilage.
D)corporation.
Q3) The Texas anti-graffiti law is content neutral.This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred.The content-neutral approach is an effort to avoid allegations that the statute violates the:
A)First Amendment.
B)Fourth Amendment.
C)Fifth Amendment.
D)14?? Amendment.
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Chapter 9: Theft,Fraud,and Related Offenses
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Sample Questions
Q1) Jack is a homeless individual who is down on his luck.A thunderstorm comes up late one night and Jack is looking for a place to sleep out of the rain.He spies a delivery truck parked in an alley behind a business.Jack determines that the truck is unlocked.He climbs into the cab of the truck just before the rain begins.Jack goes to sleep.The next morning,the truck's owner sees Jack,who is still asleep,and calls the police.It would be appropriate for the responding police officer to arrest Jack and charge him with: A)theft of service.
B)unauthorized use of a vehicle.
C)theft.
D)an offense other than one of the above choices.
Q2) Amanda is shopping in the local discount store.She observes a blouse she likes.However,the blouse is more than she is willing to spend.Amanda takes the blouse into the dressing room and puts it on.She then puts on her own blouse to conceal the new one.As she approaches the exit to the store,Amanda is stopped by store security personnel.Amanda has committed:
A)theft.
B)no offense because she had not left the store with the blouse.
C)no offense because she was not first asked to pay for the blouse.
D)unlawful concealment of merchandise.
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Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
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Sample Questions
Q1) Texas law specifies the exact wording and font size that a "no trespassing" sign must display in order to establish a violation of the criminal trespass statute
A)True
B)False
Q2) The Texas criminal trespass statute requires as an element that the accused's entire body come onto the property.
A)True
B)False
Q3) If Jack threatens to beat up Jill unless she gives him $100,Jack has committed the felony offense of __________.
Q4) Robbery is a compound crime that combines the offense of ______ with the offense of _____
Q5) Burglary of a travel trailer is viewed under Texas law as a burglary of a __________.
Q6) An essential element of the offense of robbery requires the offender to be in the course of committing _______.
Q7) Explain the meaning of the term "enter" as it applies to the law of burglary of a building or habitation.
Page 12
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Chapter 11: Offenses Against Government Operations
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Sample Questions
Q1) To commit the offense of tampering with evidence,the individual who alters or destroys an item must ________ that an investigation is being conducted and the item is potential evidence.
Q2) In order to violate the Texas escape statute one must first be in custody.
A)True
B)False
Q3) A person who makes a false statement to a peace officer commits an offense if the statement is made with intent to deceive the officer and is ________ to a criminal investigation.
Q4) Carla is walking down a crowded street during fiesta in San Antonio.She is smoking a marijuana cigarette.A police officer smells the burning marijuana and approaches Carla.She sees the officer and tries to drop the cigarette into the storm sewer but the butt simply rolls into the street where the officer recovers it.In addition to the possession of marijuana charge,Carla has committed the offense of tampering with physical evidence.
A)True
B)False
Q5) No federal or state statute currently requires citizens to carry on their person proof of
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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Sample Questions
Q1) When dealing with political protestors,the police must protect the ________ Amendment rights of the protestors prior to arresting anyone.
Q2) List four prohibited weapons.Why is ownership of these items by the average Texan illegal?
Q3) Paul is the neighborhood Peeping Tom.At night he goes into Mary's backyard and peers through her bedroom window as she changes clothes.While Paul gains sexual gratification in watching Mary change clothes,he is also violating the ________ statute.
Q4) Rick is an avid hunter and fisherman.While he uses a rifle to hunt,he obviously does not need a rifle to fish.However,he does carry a small pistol in his fishing tackle box.Rick's possession of the pistol under these circumstances is NOT a violation of the unlawful carrying of a weapon statute.
A)True
B)False
Q5) Norma is breastfeeding her three-month-old baby while sitting in the waiting room of the bus station.Several people complain to the station agent.Norma is committing disorderly conduct.
A)True
B)False
Page 14
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Chapter 13: Intoxication Offenses
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58 Flashcards
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Sample Questions
Q1) With the individual's consent,an intoxicated person may lawfully be placed in a substance abuse treatment facility instead of being arrested and placed in jail.
A)True
B)False
Q2) Bob is riding on the back of Ray's motorcycle.As they round a corner at high speed,Ray loses control of the motorcycle and crashes into an embankment.Both men are tossed onto the ground.A police officer stops to render aid.Bob is scratched up but otherwise unharmed.Ray's left arm is fractured.The officer notes that both men are intoxicated.Which of the following is a correct statement about this situation?
A)Ray has committed intoxication assault as to Bob.
B)Bob has committed intoxication assault as to Ray.
C)Ray has committed intoxication assault as to himself.
D)None of the above is a correct statement about this situation.
Q3) The intoxication assault statute applies to individuals who cause any form of bodily injury to another as a result of their negligent operation of a motor vehicle while intoxicated.
A)True
B)False
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) Criminal attempt normally involves a specific intent to commit a substantive offense and an ________ that falls short of the completion of the intended offense.
Q2) The ________ holds that a member of a criminal conspiracy is responsible for all reasonably foreseeable crimes committed by a co-conspirator.
Q3) Under Texas law,to convict an individual of the offense of engaging in organized crime,it must be established that the individual worked together with others as part of a ________ in order to profit from the commission of certain felonies.
Q4) Which of the following is a defense to a criminal conspiracy charge?
A)legal impossibility
B)renunciation
C)acquittal of all other members of the conspiracy
D)All of the above are defenses depending of the factual circumstances of the case.
Q5) Under Texas law,prosecutions for criminal conspiracy are limited to conspiracies to commit ________ offenses.
Q6) Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.
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Chapter 15: General Defenses and Justification
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Sample Questions
Q1) Daniel,who has a history of mental illness,believes that his neighbors are space aliens who are seeking to kidnap him and take him to their home planet to serve as a subject of experiments.When his neighbor Bill appears at Daniel's front door to invite him to a neighborhood gathering,Daniel shoots at Bill with a pistol while shouting,"Take that you green-eyed hairy alien!" The shots miss.Police subsequently arrest Daniel and he is tried for attempted murder.If Daniel is found not guilty by reason of insanity,he cannot be tried again for the crime even if his mental health issues are later resolved.
A)True B)False
Q2) Under what circumstances may a person lawfully use deadly force to prevent the commission of crimes concerning his property?
Q3) The Texas statutory definition of the term "deadly force" covers any force capable of causing death or serious bodily injury.
A)True
B)False
Q4) A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.
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17
Chapter 16: Federal Criminal Law
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47 Verified Questions
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Sample Questions
Q1) An intention to intimidate or coerce a civilian population is an element of the FBI's definition of both domestic and international terrorism.
A)True
B)False
Q2) The federal criminal statute that punishes the infiltration of organized crime into legitimate businesses is known by the letters:
A)CREEP.
B)DNC.
C)CARP.
D)RICO.
Q3) The most common federal criminal charge relates to:
A)robbery of federally-insured banks.
B)controlled substances.
C)immigration offenses.
D)mail fraud.
Q4) List three of the most common categories of federal criminal charges.
Q5) Whether or not a criminal act is an act of terrorism depends upon the ________ of the perpetrator.
Q6) Explain the federal Assimilative Crimes Act and how it is used in Texas.
Page 18
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