Flip Cards
Part 1: Municipal Court Jurisdiction
1. Original jurisdiction means that a court has authority to adjudicate a case.
True.
2. Municipal courts have exclusive original jurisdiction over all offenses filed in their court.
False.
3. Municipal courts have concurrent jurisdiction with justice courts over state law violations that occur in the geographic jurisdiction of the city.
True.
4. Municipal courts of record automatically have concurrent jurisdiction with district and county courts for the purpose of enforcing junked vehicle ordinances.
False.
5. Municipal courts have geographic jurisdiction over fine-only offenses that occur within the territorial limits of the county.
False.
6. Municipal courts have jurisdiction over fine-only offenses that occur on city-owned property in the city’s extraterritorial jurisdiction.
True.
7. Municipal courts of record in home-rule cities have some jurisdiction over city ordinance offenses which abate nuisances that occur within any part of the extraterritorial jurisdiction of the city.
True.
8. Municipal courts do not have jurisdiction over offenses that include as part of the sanctions suspension of the driver’s license.
False.
9. State statutes specify maximum amounts of penalties that cities may establish for city ordinance violations.
True.
10. The maximum amount of fine jurisdiction of municipal courts is $500.
False.
11. Municipal courts may waive their jurisdiction over persons under the age of 17 for all Class C misdemeanor offenses.
False.
Flip Cards
Part 2: Charging Instruments
12. Defendants in municipal courts are entitled to 10 days notice of a complaint filed against them.
False.
13. The filing of a complaint in municipal courts initiates the proceedings in municipal courts.
True.
14. Only peace officers, not citizens, may be affiants for complaints filed in municipal courts.
False.
15. All complaints must begin with the words, “In the name and by the authority of the State of Texas.”
True.
16. State statutes require that all complaints end with the words, “Against the peace and dignity of the State,” including complaints for city ordinance offenses.
True.
17. Failure to allege all the elements of an offense in the complaint makes the complaint defective.
True.
18. All complaints must allege a specific location in the complaint.
False.
19. A complaint must allege that the offense occurred within the city.
True.
20. City ordinance offenses punishable by a fine of more than $500 are not required to allege a culpable mental state.
False.
21. A culpable mental state must be alleged in a complaint for all traffic offenses.
False.
22. If an abbreviation is well-defined and well-understood, it can be used in the complaint without rendering the complaint defective.
True.
23. Grammatical and spelling errors always make a complaint defective.
False.
24. The owner of stolen property does not have to be identified in the complaint.
False.
25. The complaint charging the offense of theft must describe the property stolen.
True.
26. It is not necessary to allege the specific value of stolen property in a complaint.
False.
27. The prosecutor is not allowed to allege the name of a victim in a complaint because the names of all victims are confidential.
False.
28. The doctrine of idem sonans means that a name in a complaint may be amended.
False.
29. The manner of committing an assault must be alleged in a complaint.
True.
30. A complaint must allege the date of the offense on or about as definitely as the affiant can provide.
True.
31. A misdemeanor complaint generally must be filed within two years of the commission of the offense.
True. (three years for assault with family violence)
32. A person swearing to a complaint must do so in front of the person administering the oath.
True.
33. An affiant is required to have personal knowledge of an offense before swearing to a complaint.
False.
34. Complaints must state that an affiant has reason to believe and does believe.
True.
35. A jurat is the signature of the person swearing to a complaint.
False.
36. If the person administering the oath to an affiant does not have authority to do so, the complaint is still valid.
False.
37. If a jurat does not state a specific date, the complaint is defective.
True.
38. Municipal court complaints are required to have a court seal.
True.
39. A motion to quash a complaint means that the defendant is asking the court to set aside the complaint because of some defect in the complaint.
True.
40. When a court grants a motion to set aside a complaint, the prosecutor cannot file a new complaint in the case.
False.
41. If a complaint is amended, the affiant can “re-swear” to the amended complaint so that the complaint will not be defective.
True.
42. Court clerks may enhance charges filed by citation if there are prior convictions.
False.
43. A complaint must be enhanced to increase the second or subsequent punishment.
True.
44. All Class C misdemeanor charges can be filed by a citation.
False.
45. A citation may serve as a complaint only when the defendant has been given a legible duplicate copy.
True.
46. The citation may never serve as a complaint at trial.
False.
47. A sworn complaint based on probable cause or a probable cause affidavit must be on file with the court before a warrant may be issued.
True.
Flip Cards
Part 3: Dismissals
48. Because some statutes create a mandatory judicial duty to dismiss cases in certain instances, judges are allowed to dismiss without a prosecutor motion.
True.
49. Municipal judges do not have any discretionary authority to dismiss cases.
False.
Flip Cards
Part 4: Docket
50. A docket is a formal record of each case in the court.
True.
51. If a court maintains and stores a docket electronically, the court must also maintain a paper copy of the docket.
False.
52. A judgment is the official decision of a judge showing the conviction, acquittal, or dismissal of charges against a defendant.
True.
53. A judgment may be signed electronically and then entered in the docket.
True.
Flip Cards
Part 5: Non-Contested Proceedings
54. A plea is only valid if it is given intelligently and voluntarily.
True.
55. When defendants do not want to contest the charges filed against them, they must plead either guilty or nolo contendere and waive their right to a jury trial in writing.
True.
56. When defendants appear in municipal courts, they are submitting themselves to the authority and jurisdiction of the court.
True.
57. A family member of the defendant who is not an attorney may deliver to the court a signed nolo contendere plea to the court.
False.
58. Adult defendants may appear by counsel in open court to plead guilty or nolo contendere.
True.
59. If an adult defendant delivers a plea to the court on or before his or her scheduled appearance date, the court must dispose of the case without requiring a court appearance.
True.
60. A defendant is considered to have made an appearance when he or she mails in a plea and/or fine payment.
True.
61. Clerks may ask defendants who appear in their office for a plea to determine how to process the defendant’s case.
False.
62. Clerks have the authority to accept or reject a mail-in payment if it is an incorrect amount.
False.
63. When clerks receive fine payment from defendants who either deliver or mail the payment to the court, there is not a conviction until the judge accepts the payment and signs a judgment.
True.
Flip Cards
Part 6: Failing to Appear
64. All defendants who fail to appear can be charged with the Penal Code offense of failure to appear.
False.
65. The offense of violation of promise to appear may be charged when a defendant fails to appear for any traffic offense.
False.
66. Courts can contract with DPS to deny driver’s license renewal to defendants who fail to appear.
True.
67. Cities can contract with the Texas Department of Motor Vehicles for denial of vehicle registration renewal for defendant’s failure to appear.
True.
68. The purpose of the Nonresident Violator Compact is to assure that nonresident motorists receiving traffic citations in member states will receive the same treatment accorded resident motorists.
True.
Flip Cards
Part 7: Warrants, Capiases, and Summons
69. Before a warrant or capias may be issued, the judge must have probable cause.
True.
70. In some instances, court clerks may determine probable cause.
False.
71. A complaint is not sufficient to issue a warrant unless it contains probable cause.
True.
72. City police officers have countywide authority to serve municipal court warrants.
True.
73. A municipal judge has authority as a judge and as a magistrate to issue arrest warrants.
True.
74. The judge’s authority, under Art. 45.014/45A.104, C.C.P., to issue warrants of arrest is for fine-only misdemeanors filed in the judge’s court.
True.
75. When a bond forfeiture is declared, the court is required to issue a capias.
False.
76. A capias may be issued by either a municipal court clerk or a municipal judge.
False.
77. Clerks may issue summonses.
False.
78. Before a court can issue a summons, the prosecutor must request the issuance.
True.
79. When a corporation or an association has been served with a summons, they have until the Monday next after the expiration of 20 days after service of the summons to appear.
True.
80. Summonses may be mailed to defendants.
True.
81. Service of summons on a corporation must first be attempted on the registered agent for service.
True.
82. Defendants who fail to appear in response to a summons can be arrested on a capias.
True.
83. Municipal judges can order the seizure of animals being cruelly treated.
True.
84. All municipal judges have the authority to issue a search warrant for the purpose of investigating a health and safety or nuisance abatement ordinance violation.
True.
85. Only municipal judges of municipal courts of record, after an ordinance is adopted by the city, may issue a seizure warrant for the purpose of securing, removing, or demolishing property that is a nuisance.
True.
Flip Cards
Part 8: Trial Process
86. Defendants must ask for a jury trial if they want one.
False. (The defendant has a right to jury trial and must affirmatively waive that right to proceed without a jury trial.)
87. All trials, including trials involving juveniles, are required to be open in municipal court.
True.
88. Since municipal courts cannot assess confinement in jail as a punishment, municipal courts are not required to provide speedy trials.
False.
89. Defendants have a right to be represented by an attorney in municipal court cases.
True.
90. Defendants have a constitutional right to represent themselves.
True.
91. A non-attorney parent may represent his or her child in court if the child is charged with a crime.
False.
92. Clerks have the authority to issue subpoenas
True.
93. The municipal courts have specific authority to issue subpoenas for out-of-county witnesses.
False.
94. If a witness is younger than 18, the court may subpoena his or her parents to produce the witness in court.
True.
95. A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her.
False.
96. If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail.
False.
97. A defendant can request in writing that a subpoena be served in person rather than by mail.
True.
98. All municipal courts are required to have a court reporter.
False.
99. Court reporters must take the oath of office required of other officers of the State of Texas.
True.
100. Court reporters are required to sign an oath administered by the district clerk.
True.
101. Court reporters may use a combination of transcribing equipment, video or audio recording equipment, and written notes to record court proceedings.
True.
102. If a court reporter uses a recording device, the recording must be kept for 20 days, beginning after the last day of proceeding, trial, denial of motion for new trial, or until any appeal is final, whichever occurs last.
True.
103. Before the court can schedule a pre-trial, the court must have a motion from either the prosecutor or the defense.
False.
104. Pre-trial is for the purpose of determining the merits of the case.
False.
105. Generally, pre-trial procedures help expedite the trial process.
True.
106. Notice of a pre-trial hearing must be given to the defendant in person.
False.
107. The court may require all motions filed with the court before a pre-trial to be filed at least seven days prior to the date of the pre-trial hearing.
True.
108. Continuances by operation of law can be because a defendant has not been arrested.
True.
109. Continuance by agreement is by consent of both parties in open court.
True.
110. Clerks have the authority to grant a continuance and reset a case when a defendant calls the court.
False.
111. A request for a continuance for cause is required to be in writing.
True.
112. Only the defendant can request a continuance for a religious holy day.
False.
113. Defendants must waive their right to a jury trial in order to have a bench trial.
True.
114. Before the court summons prospective jurors, the judge must issue a writ of venire.
True.
115. A venire is a list of prospective jurors to be summoned for a particular term of court.
True.
116. State statutes require that municipal court jurors reside in the city in which the city is located.
True.
117. A person must be a registered voter before he or she can serve on a jury.
False.
118. A person who is enrolled in college can be required to sit on a jury if the trial is scheduled at a time when the person is not in class.
False.
119. To request a permanent exemption from jury service, a person must be at least 75 years of age.
True.
120. A clerk who receives a request for permanent exemption from jury service must deliver a copy of the exemption to the voter registrar of the county.
True.
121. A prospective juror may establish an exemption by filing a written statement of the ground of the exemption with the clerk.
True.
122. The clerk may never grant a postponement of jury service.
False.
123. A person who provides false information in a request for exemption is subject to contempt and can be fined up to $1,000.
True.
124. Since personal information on jurors collected by the court is confidential, it cannot be released for any reason.
False.
125. State law does not require municipal courts to pay their jurors.
True.
126. A person who fails to appear for jury service can be charged with the offense of failure to appear and assessed a $100 fine.
False.
127. Only the defense can ask for a jury shuffle since the statutes only allow one shuffle in a trial.
False.
128. If a challenge to the array of a jury is made, the clerk must reseat the jury in random order.
False.
129. If after voir dire there are not enough jurors, the trial must be rescheduled for another trial date.
False. (If there are an insufficient number of jurors left after challenges, the judge may have the proper officer summons more jurors. This is known as a “pick up” jury.)
130. Since clerks are court officers, they may converse with jurors after the case has been submitted to the jury for a decision.
False.
131. If a defendant wants a jury to decide punishment, the defendant must have elected before the trial for the jury to do so.
True.
132. Clerks should provide guidance about proper conduct and dress to court participants during the day of trial.
True.
133. A defendant who has been in custody and then failed to appear for trial, may be charged with the Penal Code offense of failure to appear.
True.
134. When a defendant who has a bond filed with the court fails to appear, the prosecutor can request the court forfeit the bond.
True.
135. If a defendant fails to appear for a jury trial, the court may assess the defendant the costs for impaneling a jury.
True.
136. Docket call is when the court determines if all the prospective jurors appeared.
False.
137. Municipal courts may close a trial to the public if it is in the best interest of the defendant.
False.
138. The court may, upon request of either the prosecution or the defense, exclude witnesses from hearing each other’s testimony.
True.
139. In a bench trial, the judge renders judgment.
True.
140. The jury’s decision is called a verdict.
True.
141. If a mistrial is declared, the case must be tried within two days.
False.
142. If a jury finds a defendant not guilty, the defendant is still liable for the costs of the trial.
False.
143. The judge may require defendants to pay the entire fine and costs when sentence is pronounced.
False.
144. Defendants convicted in non-record municipal courts must request a new trial within one day of the judgment.
False.
145. When a motion for a new trial is filed with the court, the judge has 10 days to decide whether to grant or deny the motion.
True.
146. If a defendant makes a motion for new trial by mail, the motion must be received by the court within 10 business days from the date of judgment to be properly filed.
False.
147. If a new trial is granted, the court must try the case within 10 days of granting the motion.
False.
148. If a defendant in a municipal court of record wants a new trial, the defendant must submit a written motion to the court not later than 10 days after the judgment.
True.
149. Defendants in a municipal court of record may not file an amended motion for new trial.
False.
Flip Cards
Part 9: Contempt
150. Direct contempt means that an act occurred in the judge’s presence.
True.
151. Indirect contempt is an act that occurs outside the court’s presence.
True.
152. If a person is charged with either indirect or direct contempt, the person is not entitled to a hearing.
False.
153. Civil contempt includes willfully disobeying a court order.
True.
154. Criminal contempt means that a person disrupted court proceedings or obstructed justice.
True.
155. If a peace officer fails to execute a summons, subpoena, or attachment, the officer may be punished by contempt.
True.
156. Failure to appear for jury duty includes three days in jail as a punishment.
False.
Flip Cards
Part 10: Post-Trial Procedures
157. When a defendant is entitled to jail credit, the clerk should properly record jail credit.
True.
158. If a defendant discharges a fine and costs by jail credit, the city is liable for payment of the court costs to the State Comptroller.
False.
159. Only the judge may authorize defendants to pay fines and costs by credit card.
False.
160. Clerks are not allowed to collect payments through the internet unless the judge authorizes that method of payment.
False.
161. If payment is not honored by a credit card company, the municipality may collect a service charge from the defendant.
True.
162. Defendants may discharge a fine, but not the costs by community service
False.
163. The court may require an indigent defendant to discharge a fine by community service.
True.
164. The court must credit the defendant with not less than $50 for every eight hours of community service performed
False. This was a true statement until September 1, 2017. The law now requires that no less than $100 is discharged per 8 hours of community service.
165. A municipal judge may waive a fine and court costs for those determined to be indigent by law, but not for those that simply do not have sufficient resources to pay
False. Current law expands waiver not only to the indigent, but also to those that do “not have sufficient income or resources to pay all or part of the fine or costs.” It is up to the judge to decide what sufficient income or resources means, but that could be an individual that is not necessarily indigent who the judge determines cannot pay.
166. Describe the judge’s authorization to waive fine or costs under state law
The judge’s authorization to waive fine or costs is broad under current law. If the judge makes certain determinations, he or she could decide to waive any part of the fine or any cost depending on the judge’s determination of sufficient resources or indigency.
Flip Cards
Part 11: Fine Enforcement and Collection
167. A capias pro fine is a written order of the court issued because a defendant failed to satisfy the judgment and sentence according to its terms.
True.
168. A capias pro fine may be issued once a defendant fails to complete community service to satisfy a fine as previously ordered by the court.
False. The capias pro fine does not automatically issue following the defendant’s failure to satisfy the judgment and sentence according to its terms. Article 45.046(a-2)/45A.261(a) of the Code of Criminal Procedure requires that notice be sent to the defendant and a hearing be held prior to issuance of the capias pro fine.
169. What is a peace officer authorized to do upon serving a capias pro fine?
A peace officer is authorized to bring the person before the court immediately or place the defendant in jail until the business day following the date of the defendant’s arrest if the defendant cannot be brought before the court immediately.
170. Where should the hearing prior to issuance of a capias pro fine be reported on the OCA Monthly Activity Report?
The capias pro fine hearing, called a show cause hearing by the OCA, is reported on Line 13 with show cause hearings held.
171. What documents are sufficient, and should be in the court’s file, to authorize confinement of a defendant following commitment proceedings under Article 45.046/45A.261 of the Code of Criminal Procedure?
Article 45.046(b)/45A.261(b) of the Code of Criminal Procedure provides that a certified copy of the judgment, sentence, and order is sufficient to authorize confinement following commitment proceedings.
172. The process of execution is started by the city attorney.
True.
173. A writ of execution is a written order showing the debt of the defendant and commanding a peace officer to take property and sell it.
True.
174. Only the judge can issue the writ of execution
False.
175. Only sheriffs and constables can serve a writ of execution.
False.
176. An abstract of judgment requires the defendant/debtor to pay a municipal court judgment immediately.
False.
177. An abstract of judgment can be filed with the county clerk’s office claiming a judgment against a defendant.
True.
178. What two statements must appear in a communication to defendant regarding collections under a contract with a collections vendor?
The law requires that communications include notice of the person’s right to enter a plea or go to trial on the offense and a statement that if the person is unable to pay the full amount of the payment, the person should contact the court regarding alternatives to full payment.
Flip Cards
Part 12: DSC and Deferred
179. The copy of the citation given to the defendant for a traffic offense by a peace officer must contain a statement of the person’s right to take a driving safety course.
True.
180. A driving safety course may be taken for any traffic offense.
False.
181. A person with a commercial driver’s license driving his or her personal vehicle is not eligible to take a driving safety course for a violation of a traffic offense.
True.
182. Offenses committed in a construction maintenance work zone when workers are present are not eligible for a driving safety course.
True.
183. Defendants who want to exercise their right to take a driving safety course must plead either guilty or nolo contendere.
True.
184. Defendants must have a Texas driver’s license and evidence of financial responsibility to be eligible to exercise their right to a driving safety course.
True.
185. When a judge grants a driving safety course under the permissive provisions, the judge may require a fine not to exceed the maximum possible fine for the particular offense.
True.
186. Defendants who are granted the right to take a driving safety course must take the course and submit evidence of completion within 120 days.
False.
187. If a defendant’s driving record submitted with the DSC completion certificate shows that the defendant was not eligible, the court must still dismiss the traffic charge if the defendant completed the driving safety course.
False.
188. If a defendant’s driving record shows the defendant was eligible and the defendant completed the driving safety course timely, but the defendant fails to file the required affidavit, the court may not dismiss the traffic charge.
True.
189. If a defendant fails to submit the required evidence of course completion, the court must conduct a show cause hearing.
True.
190. Courts must report the dismissal date of a driving safety course to DPS.
False.
191. A person who holds or held a commercial driver’s license at the time of the offense is generally not eligible for deferred disposition.
True.
192. A person who commits an offense in a construction and maintenance work zone when workers are present is eligible for deferred disposition.
False.
193. Defendants who agree to deferred disposition must either plead guilty or nolo contendere or be found guilty.
True.
194. Before a judge can grant deferred disposition, the defendant is required to pay court costs.
False.
195. The maximum deferral period for deferred disposition is 180 days.
True.
196. When the judge grants deferred disposition to a defendant under 25 charged with a moving traffic violation, the judge must require as a term of the deferred a driving safety course.
True.
197. When a court grants a deferred disposition to a defendant with a provisional license charged with a moving traffic violation, the court must require the defendant to retake the driving test at DPS.
True.
198. If a defendant over the age of 25 fails to complete the terms of deferred disposition, the court may reduce the fine.
True.
199. If a traffic offense is dismissed under deferred disposition, the court is required to report the deferral to DPS.
False.
200. If an Alcoholic Beverage Code offense is deferred under deferred disposition, the court is required to report the deferral to DPS.
True.
Flip Cards
Part 13: Appeals
201. Defendants charged with a city ordinance violation do not have a right to appeal.
False.
202. Most appeals from a municipal court are heard in the county court.
True.
203. If a defendant fails to present the appeal bond to the court within the required time, the court can refuse to send it to the county court.
False.
204. If a county court refuses to take jurisdiction of a municipal court appeal, the defendant must pay the municipal court’s fine.
True.
205. When a defendant appeals a case from a municipal court of non-record, the defendant gets a new trial at the appellate court.
True.
206. The amount of the bond must be at least two times the amount of the fine and court costs.
True.
207. Defendants in non-record municipal courts can plead guilty and appeal a case.
True.
208. If a court receives through the mail a plea of nolo contendere and waiver of jury trial and a request for the amount of an appeal bond, the court can notify the defendant of the amount of the appeal bond by regular mail.
True.
209. A defendant who makes a plea by mail and wants to appeal his or her case must present the court with an appeal bond before the 31st day from the judgment.
True.
210. Defendants who appear in open court have 10 days from the time the judgment is entered to present the court with an appeal bond.
True.
211. When counting the appeal time, the court counts the day the judgment is entered.
True.
212. If the last day of the appeal falls on a Saturday, Sunday, or a holiday, the court must give the defendant to the next working day of the court to file the appeal bond.
True.
213. If a defendant mails an appeal bond to the court, the court must receive the bond by the 10th day after judgment is entered.
False.
214. Municipal court clerks have a mandatory ministerial duty to send a case to the county court regardless of whether the appeal bond was timely filed.
True.
215. When there is a conviction on an appealed case from a court of non-record, the fine money is deposited into the county treasury for the use and benefit of the county.
True.
216. There is nothing to appeal when a defendant pays his or her fine because the judgment has been satisfied.
True.