Flip Cards
Part 1: Code Construction Act
1. What is the purpose of the Code Construction Act?
To help courts ascertain and appropriately enforce the legislative intent of statutes.
2. Where is the Code Construction Act located?
Chapter 311 of the Government Code.
3. How are statutes to be interpreted?
Statutes must be reasonably construed (interpreted) in accordance with general principles of law.
4. How does the Code Construction Act require that words and phrases be interpreted?
Words and phrases shall be read in context and interpreted according to the rules of grammar and common usage.
5. How are words with a technical or particular meaning to be interpreted?
They shall be interpreted according to their technical meaning.
6. Summarize the Code Construction Act rules regarding tense, number, and gender.
Words in the present tense include the future tense; the singular includes the plural; the plural includes the singular; and words of one gender include the other genders.
7. Explain the Code Construction Act rule for the computation of time.
The first day is excluded and the last day is included. If the last day is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
8. What is presumed when a statute is enacted?
Section 311.021 of the Government Code provides that when a statute is enacted, it is presumed that: there is compliance with the U.S. and Texas Constitutions; the entire statute is intended to be effective; a just and reasonable result is intended; a result possible of execution is intended; and the public interest is favored over any private interest.
9. List the statute construction aids in Section 311.023 of the Government Code.
Section 311.023 of the Government Code provides that in interpreting statutes, whether or not the statute is considered ambiguous on its face, a court may consider among other matters the: object or purpose sought to be achieved; circumstances under which the statute was enacted; legislative history; common law or former statutory provisions, including laws on the same or similar subjects; consequences of a particular construction; administrative construction of the statute; and title (caption), preamble, and emergency provision.
10. When are the statute construction aids to be used according to the Court of Criminal Appeals?
When the statute in question is ambiguous.
11. The Code Construction Act applies to all current statutes.
True.
12. The heading of a statute limits the meaning of the statute.
False.
13. If part of any statute is unconstitutional, the rest of the statute is also invalid.
False (the statute may have a severability provision).
14. Since case law interprets statutes, courts should research all sources of law when determining how to administer statutes.
True.
15. Chapter 45/45A of the Code of Criminal Procedure is an example of a chapter containing specific statutes.
True.
16. Documents mailed to the municipal court must follow the specific rule in Chapter 45/45A for filing documents through the mail.
True.
17. Chapter 17 of the Code of Criminal Procedure, which provides rules for bonds, contains general statutes that apply to all courts.
True.
18. What is a severability clause commonly called?
A savings clause.
19. What is the purpose of a severability provision?
A severability provision is a provision in a statute that saves part of a statute from a declaration of unconstitutionality when one or more other parts are declared unconstitutional. Section 311.032 of the Government Code provides that if a statute contains a severability clause, that provision prevails in interpreting that statute. That means that should a court declare part of a statute containing a severability clause unconstitutional, the other parts would still be valid if they are self-sustaining and capable of separate enforcement without regard to the invalid portion. Some statutes have a provision for non-severability, which means that if part of the statute is declared unconstitutional, the whole statute is invalid. Other statutes do not contain severability clauses. If any provision of one of these statutes or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the statute if the provisions can be effective without the invalid provisions or application.
20. Define the “date rule.”
If two rules conflict, but one is more recent than the other, the more recent rule app
21. What does latest in date of enactment mean?
The date on which the last legislative vote is taken on the bill.
22. Define general statutes.
General statutes are ones that apply to all courts unless there is a specific statute.
23. Define the “rule of the specific.”
If two rules conflict, the special or local provision prevails as an exception to the general provision.
Flip Cards
Part 2: Code of Criminal Procedure
24. What types of investigations and trials does the Code of Criminal Procedure govern?
Criminal trials and investigations.
25. List the objectives of the Code of Criminal Procedure.
The objectives are: adopt measures to prevent crime; create rules to prevent criminals from escaping; set out trial procedures; make available as much evidence as possible; guarantee guidelines for fair and impartial trials; and provide rules to make sure sentences are properly executed.
26. List the courts that the Code of Criminal Procedure applies to.
It applies to all courts with criminal jurisdiction: the Court of Criminal Appeals, the courts of appeals, district courts, county courts, county courts at law with criminal jurisdiction, county criminal courts, magistrates appointed in certain counties, justice of the peace courts, and municipal courts.
27. Explain the basic format of the Code of Criminal Procedure.
The code is divided into two parts (Title I and Title 2) that are divided into chapters and articles.
28. Where in the Code of Criminal Procedure can municipal courts find their jurisdiction?
Article 4.14.
29. Where in the Code of Criminal Procedure are the rules regarding the statutes of limitation?
Chapter 12.
30. Where in the Code of Criminal Procedure can you find criminal responsibility of corporations and associations?
Chapter 17A.
31. Where in the Code of Criminal Procedure are most rules found governing municipal court appeals?
Chapter 45/45A.
32. What is the title of Chapter 45/45A of the Code of Criminal Procedure?
Justice and Municipal Courts.
33. What information is contained in Chapter 101 of the Code of Criminal Procedure?
Chapter 101 provides the purpose of Title 2, that the Code Construction Act applies to the construction of Title 2, and the general provisions about references to chapters and articles in Title 2.
34. Which fees in Chapter 102 of the Code of Criminal Procedure are applicable to municipal court proceedings?
The following fees are applicable to municipal court proceedings: reimbursement fees for services of a peace officer, expunction fees, fines for Child Safety Fund, Municipal Court Building Security Fund, and Municipal Court Technology Fund.
35. In which chapter of the Code of Criminal Procedure is information on collection contracts for fines, fees, and restitution?
Chapter 103.
36. Explain who is a public servant.
The definition is found in Section 1.07 of the Penal Code, which states that a public servant is a person who is elected, selected, appointed, or employed as one of the following, even if he or she has not yet qualified for office or assumed his or her duties: an officer, employee, or agent of the government; juror or grand juror; an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; an attorney at law or notary public when participating in the performance of a governmental function; a candidate for nomination or election to public office; or a person who is performing a governmental function under a claim of right although he or she is not legally qualified to do so. Since municipal judges, court clerks, and deputy court clerks are elected, appointed, or employed by a governmental agency, they are public servants.
37. What is jurisdiction?
Jurisdiction is a court’s legal power or authority over certain geographical areas and certain crimes.
38. What statute lists the rights of all criminal defendants?
Article 1.05, C.C.P.
39. Is an indigent municipal court defendant entitled to have an attorney appointed to represent him or her?
No. All municipal court defendants are entitled to hire and consult with counsel and have representation but are not entitled to appointed counsel. The court may appoint counsel for an indigent defendant if the interest of justice requires representation.
40. What must be determined before a warrant of arrest may be issued?
Probable cause upon oath or affirmation
41. Why do all municipal court defendants have a right to bail?
Article 1.07 states that all prisoners have a right to bail, unless for capital offenses when the proof is evident.
42. What is double jeopardy?
No person may be tried twice for the same offense after a verdict of not guilty in a court of competent jurisdiction.
43. Why do municipal court defendants have a right to a jury trial?
Article 1.12 states that the right of a trial by jury shall remain inviolate, which means that the right cannot be violated and is free from any impairment.
44. Why are all municipal court proceedings and trials open to the public?
Article 1.24 states that the proceedings and trials in all courts shall be public.
45. Why must a municipal court provide a copy of the complaint to the defendant?
Article 1.05 states that defendants have a right to know the nature and cause of an accusation against them and to have a copy of the complaint.
46. How much notice is a defendant entitled to if a complaint is filed against him or her?
Defendants are entitled to notice of a complaint not later than the day before any proceeding in the prosecution.
47. What can serve as the complaint for a defendant to plead to?
The written notice to appear (citation) when a legible duplicate copy was given to the defendant.
48. When must a sworn complaint be filed with the court?
If a defendant pleads not guilty, a sworn complaint must be filed unless the defendant and prosecutor agree to go to trial on the written notice (citation). The agreement must be in writing and filed with the court. In addition, a sworn complaint must be filed when the defendant fails to appear in court. This will toll (stop) the statute of limitations from running so that prosecution can continue.
49. Define “docket.”
A docket is a formal record with brief entries of the proceedings in a case.
50. List the different ways in which a defendant can make an appearance to enter a plea.
A defendant can make an appearance: in person in open court; by attorney in open court; by mail; by delivering a plea and waiver of jury trial to the court; or by paying the fine.
51. Who can enter a plea for a defendant?
The defendant or the defendant’s attorney.
52. What types of pleas can be entered by a defendant?
Not guilty, guilty, nolo contendere, or a special plea.
53. When a defendant refuses to plea, what must the judge do?
Enter a not guilty plea.
54. Before a warrant can be issued, what must be filed with the court?
A complaint or affidavit based on probable cause.
55. What type of warrants does Article 45.014/45A.104 of the Code of Criminal Procedure authorize a judge to issue?
Warrants for charges filed in the judge’s court.
56. Define a capias.
A capias is a written order issued by a judge of a court having jurisdiction of a case after commitment or bail and before trial.
57. When is a capias required to be issued?
When a bond forfeiture has been declared.
58. When can a summons be issued?
When a prosecutor makes a request that it be issued.
59. Which statute provides the geographical jurisdiction for city peace officers to serve municipal court process?
Article 45.202/45A.103 of the Code of Criminal Procedure.
60. If there is a personal bond office in the county, what must the court do when a personal bond is granted?
The court releasing a defendant on his or her personal bond must forward a copy of the bond to the personal bond office in that county.
61. Must the court set a case for pre-trial?
No, but the court may set a case for pre-trial before it is set for trial upon its merits.
62. Why may municipal court clerks issue subpoenas?
Because defendants have a right to subpoena witnesses and there is no discretion in issuing subpoenas, municipal court clerks may issue subpoenas.
63. Define “judgment.”
The written declaration of the court signed by the trial judge ordering the defendant to pay a fine and certain costs to the State.
64. What article states that a defendant in any criminal action has the right of appeal?
Article 44.02 of the Code of Criminal Procedure.
65. What process may be issued to collect a fine and costs in the same manner as a judgment in a civil suit?
A writ of execution.
66. Which city officials are magistrates?
Municipal judges and mayors.
Flip Cards
Part 3: Penal Code
67. What is the Penal Code?
It is a collection of statutes defining criminal offenses and setting penalties.
68. List the goals included in the statement of objectives of the Penal Code.
The goals are: to ensure public safety through deterrence, rehabilitation of offenders, and punishment of those who commit offenses; to define and grade offenses so citizens will know what they can and cannot do; to define punishments appropriate for each particular offense; to safeguard innocent conduct; to guide law enforcement officials; and to make the criminal laws apply to everyone in the same way.
69. What do the objectives in the Penal Code show about the intent of the Legislature?
The objectives show that the intent of the Legislature is to prevent crime through deterrence and punishment and to limit the power of the State from interfering too much with innocent citizens.
70. How is the Penal Code organized?
It is divided into title, chapters, subchapters, and sections.
71. In what chapters of the Penal Code are the general principles of criminal responsibility located?
Title 2, Chapters 6 through 9.
72. In what chapter of the Penal Code are punishments defined?
Title 3, Chapter 12.
73. What is an inchoate offense?
It is an offense that is attempted but not completed.
74. What is the chapter in the Penal Code that prohibits public servants from accepting an honorarium?
Title 8, Chapter 36.
75. Where is the offense of “failure to appear” located in the Penal Code?
Title 8, Chapter 38 (Section 38.10).
76. What chapter in the Penal Code contains offenses relating to abuse of office?
Title 8, Chapter 39.
77. Where is the offense of “disorderly conduct” located in the Penal Code?
Title 9, Chapter 42 (Section 42.01).
78. Where is the offense of “public intoxication” located in the Penal Code?
Title 10, Chapter 49 (Section 49.02).
79. Where are definitions found in the Penal Code?
Definitions are scattered throughout the Penal Code. General definitions are listed in Section 1.07.
80. Explain presumption of innocence.
A person does not have to prove that he or she is innocent. The State must prove that the person is guilty beyond a reasonable doubt by proving each element of the offense.
81. When does conduct constitute an offense?
When the conduct is defined as an offense by statute, municipal ordinance, order of a county commissioner’s court, or rule authorized and lawfully adopted.
82. Explain what constitutes committing an offense.
A person commits an offense only if he or she voluntarily engages in conduct, including an act, an omission, or possession.
83. How does the Penal Code define the words act, omission, and possession?
Act means a bodily movement, whether voluntary or involuntary and includes speech. Omission means a failure to act when the person had a duty to act. Possession means actual care, custody, control, or management.
84. What is a culpable mental state?
A culpable mental state is the state of the mind in which a person voluntarily engages in certain conduct or fails to perform an act when there is a duty to act.
85. List the four culpable mental states.
Intentionally, knowingly, recklessly, and criminally negligent.
86. What is criminal attempt?
When a person specifically intends to commit the offense and does an act amounting to more than mere preparation that tends, but failed, to effect the commission of the offense intended.
87. When is a person criminally responsible?
A person is criminally responsible if the result would not have occurred but for his or her conduct.
88. When is a corporation or association criminally responsible?
When conduct constituting an offense is performed by an agent acting on behalf of a corporation or association and within the scope of his or her office or employment.
89. It is an affirmative defense if a defendant relied upon an interpretation of a statute by an opinion issued by an Attorney General.
True.
90. It is not a defense if a person is compelled by a threat of force to commit a Class C misdemeanor offense.
False.
91. A person cannot be convicted of a crime when he or she is unaware that the act was a violation of law.
False.
92. A person who is charged with public intoxication can be prosecuted because the intoxication is voluntary.
True.
93. Explain why cities cannot enact ordinances for conduct covered by the Penal Code.
Section 1.08 of the Penal Code prohibits governmental subdivisions from enacting or enforcing laws that make any conduct covered by the Penal Code an offense subject to criminal penalty
94. How are offenses designated?
As felonies or misdemeanors.
95. List the three classifications of misdemeanors.
Class A, Class B, and Class C misdemeanors.
96. If a misdemeanor offense in the Penal Code does not specify a punishment or a category, what classification of offense is it?
Class C misdemeanor.
97. How does the Penal Code define Class C misdemeanor?
The Penal Code defines a Class C misdemeanor as an offense that is punishable by a fine not to exceed $500.
98. List the five classifications of felony offenses.
Capital felonies, first degree felonies, second degree felonies, third degree felonies, and state jail felonies.
99. If an offense outside of the Penal Code is punishable by fine only, what classification of offense is it?
Class C misdemeanor.
100. If a corporation or association is adjudged guilty of a Class C misdemeanor offense that does not provide for a specific penalty, what is the maximum possible punishment?
$2,000.
101. When a corporation is convicted of an offense, who can the court require the corporation or association to notify?
Any person the court deems appropriate.
102. Who is the court required to notify when a corporation or association is convicted?
The Texas Attorney General.
103. What section of the Penal Code defines the age of a person who can be prosecuted?
Section 8.07.
104. For what fine-only misdemeanor offenses can persons under the age of 15 be prosecuted in municipal court?
Traffic offenses, except for traffic offenses punishable by incarceration or Section 550.021 (accident involving person injury or death); Section 550.022 (accident involving damage to vehicle);Section 550.024 (duty on striking unattended vehicle); Other state law misdemeanors punishable by fine only; and City ordinances.
105. What is the youngest age that a person can be prosecuted for a criminal offense?
Age 10.
106. Children between the ages of 10 and 14 are presumed not to be what?
Criminally responsible for any misdemeanors punishable by a fine only or a violation of a penal ordinance of a political subdivision (with the exception of juvenile curfew ordinance), except for traffic offenses.
107. What are the elements of an offense?
The elements of an offense are the forbidden conduct; the required culpability and required result; and the negation of any exception to the offense.
108. Must all acts that are considered crimes be committed in a public place?
No (e.g., assault).
109. List the elements of the offense of a Class C assault.
The elements of the offense of a Class C assault are: person; location (city and county); date of offense; intentionally or knowingly; and threatens another, including the person’s spouse, with imminent bodily injury.