Court Clerk Level 1 Practice Test

These questions are part of the practice quiz. Start practicing

• The child safety fund is only collected on Rules of the Road offenses that are committed in a school crossing zone.
• Which statement is true regarding public posting of the court docket when internet access is available?
• When a court grants deferred disposition, what may the court require the defendant to pay up front?
• Which is the appropriate action for a court clerk regarding ex-parte communications?
• The role of the defense attorney is to
• If a defendant fails to respond to a summons, may failure to appear charges be filed against the defendant?
• Which statement about eligibility of jurors who are deaf or hearing impaired is true?
• Which statement describes the purpose of a subpoena duces tecum?
• If a court does not report court costs timely, the city cannot keep any handling fee or the interest if the costs are kept in an interest bearing account.
• Each magistrate or judge of a municipal court of non-record and each clerk of a municipal court of record are required to keep records of persons charged with traffic offenses.
• If a judge requires a clerk to perform a judicial duty, the clerk's liability status is best described as:
• Where does an appeal from municipal court go?
• If a victim is not present when an emergency protection order is issued, what must the clerk do?
• The judge plays an adversarial role in court.
• A task-oriented approach in court settings includes clearly outlining the steps you have taken.
• Court costs are collected when the conviction occurs or when judgment is deferred.
• The court's letterhead may be used to promote charity events such as Crime Stoppers.
• Before a judgement of conviction or a judgement of dismissal can be entered, what must occur?
• Which statement about access to the State Bar of Texas database is true?
• The thoughts and words used are more important than proper punctuation.
• A municipal court clerk is a public servant.
• A defendant changing the address on his driver's license is one of the circumstances allowing the judge to assess a compliance dismissal fee.
• When establishing procedures for citizen's complaints, clerks should work with whom?
• Pretrial hearings provide an effective means of case flow management.
• Before issuing a capias pro fine, the court must hold a hearing on ability to satisfy the judgment and provide notice.
• If a defendant fails to appear for jury trial, which outcome is true?
• Treating people fairly may mean that sometimes they are treated differently.
• Which statement about ethics for clerks is true?
• Case law describes the scope of a magistrate's authority as being:
• Which of the following is an example of a writ?
• If a non-resident violator fails to appear, the court should report the failure to DPS within six months after the date on which the traffic citation was issued because after six months, the other state will not enforce the Nonresident Violator Complex.
• Only judges may grant driving safety courses, but clerks may provide defendants with the paperwork regarding the requirements for processing driving safety requests.
• A task-oriented approach in court proceedings includes documenting steps taken and questions asked.
• What is common law?
• Which day is not counted when calculating time under the Code Construction Act?
• Which body governs the canons and sanctions for judges in this context?
• What does consanguinity mean?
• A defendant waives and forfeits the right to object to a defect, error, or irregularity in form, or substance of the complaint if the defendant does not object before the commencement of a trial on the merits.
• At what point may a continuance be granted?
• Which of the following is not listed as a culpable mental state in Section 6.03?
• A judgement of conviction and a judgement of dismissal must both be entered in the docket only after the judge signs the judgement.
• Which of the following is ethical conduct for a clerk?
• What is the purpose of the Code of Judicial Conduct?
• A scire facias docket is described as which type of docket?
• The municipal court has concurrent jurisdiction with justice of the peace courts over fine-only state law offenses.
• Research shows that verbal communication is the biggest factor of the communication process.
• Which of the following is a right of a defendant in municipal court?
• What is a challenge to the array?
• A person who has been stopped for speeding or for having an open container may be arrested and jailed even if they want to sign the citation.
• Which statement about jurors who are deaf or hearing impaired is true?
• In preparing to appear in court, a task-oriented approach would include which of the following?
• What is a home-rule city?
• Legal advice may be provided to a defendant by:
• All municipal courts have civil jurisdiction over junked vehicles and nuisance abatement.
• Standing orders are directives that direct court staff on how to perform a procedure.
• Standing orders are written orders, signed by the judge, directing court staff on how to perform a specific procedure.
• Who may request that a jury be shuffled?
• Municipal courts are required to follow only municipal ordinances and are not bound by state or federal statutes.
• Which statement about residency for jurors in municipal court is true?
• What is a scire facias docket?
• Which of the following best describes the requirement for keeping records of traffic offense charges in municipal courts?
• Which statement describes the scope of information and records maintained by the Judicial Commission?
• Which statement about how court clerks may be employed is correct?
• What reports must the court submit to the Texas Department of Public Safety?
• What kind of courts are municipal courts?
• Which statement about listening filters is supported by the material?
• Which statement about permanent exemptions reporting is true?
• Which of the following is not the correct maximum fine?
• Courts must require defendants to take the driving safety course within 90 days of the request and have the certificate in the court within 120 days of the request.
• The venire is best described as which of the following?
• Which statement about juror information handling is correct?
• Can municipal court clerks issue a warrant, capias, or a summons?
• Which statement best reflects how ethics relate to personal values?
• A seizure warrant is used to secure or demolish property that is a nuisance.
• If a judge determines that a defendant does not have sufficient resources, the judge shall, if appropriate:
• Failing to be task-oriented in court communications can lead to what outcome?
• Which of the following oaths is a clerk authorized to administer?
• The 30% budget threshold applies to offenses under Title 7 of the Transportation Code.
• Trial de novo means that the new trial is held in the appellate court.
• The Attorney General's Office is the Chief Legal Officer in the state of Texas.
• An appeal may review either the facts and law or only questions of law.
• A defendant who is charged with a city ordinance violation may not appeal his or her conviction.
• All Rules of the Road violations are moving violations.
• Which credential is required for individuals providing security for a municipal court?
• What filters do people listen through?
• Courts are required to submit a monthly statistical report to the Office of Court Administration.
• Section 6.03 defines culpable mental states as intentionally, knowingly, recklessly, or accidentally.
• Which residency statement is true?
• If a defendant who is at least age 25 fails to complete the terms of deferred disposition, the judge may reduce the fine.
• The agencies that may assist the Texas Judicial Commission include:
• Which of the following is not considered a court appearance?
• Many of the clerk's duties are specifically provided for by statute.
• Courts are required to place court costs in separate bank accounts.
• Which statement about civil jurisdiction in municipal courts is false?
• The Rule is intended to keep witnesses out of hearing each other's testimony. The correct purpose is described as keeping witnesses outside to prevent what?
• Courts do not report convictions for theft of gasoline because it is not a traffic offense.
• Any person providing security for a municipal court is required to hold a:
• A peremptory challenge to a juror is commonly called a strike. Which choice is correct?
• When a defendant appeals his or her traffic case, the court does not report a conviction to DPS.
• Which term describes the legal authority over a geographic area and types of cases?
• Municipal court clerks may stamp the judge's signature on court documents when the judge is on vacation.
• What is "The Rule"?
• Proper signage throughout the court facility will help provide guidance to court participants.
• What is municipal court subject matter jurisdiction?
• Probable cause is not always required before a judge issues a warrant of arrest.
• What is a 'canon'?
• What is the venire?
• If an appeal bond is not timely filed, the appellate court may not take jurisdiction.
• Which statement about judge interactions with defendants is accurate?
• Which factor determines whether clerks may be elected, appointed, or hired?
• Which is a recommended practice when communicating with court staff?
• Which document contains the first ten amendments to the U.S. Constitution?
• Trial de novo means that a defendant convicted in a non-record municipal court will have a new trial in the appellate court upon appeal.
• A defendant in municipal court of non-record who fails to complete a driving safety course or deferred disposition may appeal his or her case.
• Which approach is most likely to improve defendant cooperation with court staff?
• Which statement is a ministerial duty in municipal court?
• The idea that government should operate under a set of written laws, rather than the rule of a single person is
• If an adult defendant fails to pay his or her fine, the judge, after notice and a hearing, may issue a capias pro fine.
• Municipal courts may have more than one judge, but may only have one presiding judge. Which option correctly describes this statement?
• When a court allows a defendant to enter into a payment plan on a traffic conviction, the court does not start counting the seven days to report the conviction to DPS because the court has not collected any money.
• When must a written waiver of jury trial be provided?
• Which of the following best captures the guidance for clerk-citizen interactions in the material?
• Maintaining order in the courtroom is the responsibility of:
• The $50 warrant fee is collected only when there is a conviction in the case.
• A capias is issued for the defendant's arrest when bond forfeiture is declared.
• The two year statute of limitations is measured from which event?
• Completion of a driving safety course triggers DPS to report the case dismissal date.
• It is proper conduct for a clerk to tell a judge about a defendant's belligerent attitude.
• Which statement about the Judicial Commission and information acts is accurate?
• The court can use a copy of the citation to serve as the complaint as long as the court's copy and the defendant's copy are legible, and the defendant signs a waiver of the formal charging instrument.
• It is often the role of the court clerk to protect the judge from ex-parte communication.
• A judge may not grant deferred disposition for a violation involving motor vehicle control to a defendant with a commercial driver's license.
• Which of the following reflects a balanced view of communication in court settings?
• The court is still required to post the court docket in a public place even if the court provides internet access.
• The $50 warrant fee is collected only when a peace officer executes or processes a warrant or capias and there is a conviction in the case.
• What types of words do not show bias?
• If a court cannot locate a certified interpreter within 75 miles of the court and if the language needed is other than Spanish, the court may appoint a spoken language interpreter.
• Which statement about establishing procedures for citizen's complaints should clerks consult?
• Which of the following is a clerk allowed to do?
• Construction or maintenance work zone offenses always double the fine regardless of workers present.
• Anyone can access the State Bar of Texas database to confirm if an attorney is eligible to practice law.
• To the Texas Department of Public Safety, the court must report convictions of all traffic offenses, convictions of alcoholic beverage code offenses involving minors, and orders of deferred disposition involving minors.
• What is jurisdiction?
• Information and records maintained by the Judicial Commission are governed by which sources?
• How can a summons be served?
• Fines collected under Title 7 convictions must be used by the city for road construction and maintenance or to enforce highway laws.
• Which statement about municipal courts is true?
• The court seal is required to be placed on all court documents.
• Purchasing insurance after receiving the citation is a defense requiring dismissal of the citation unless the defendant was involved in a collision.
• Clerks may recommend specific driving safety schools to defendants.
• The fines collected for Title 7 of the Transportation Code convictions must be used in the city budget for the construction and maintenance of roads, bridges, and culverts or to enforce laws regulating the use of highways by motor vehicles.
• Who writes the Rules of Judicial Education for municipal judges?
• Judges do not have the authority to perform which of the following acts?
• When can the judge assess a compliance dismissal fee?
• Which of the following is the judge allowed to do?
• Which statement about revenue and judicial duties is accurate?
• The Office of Court Administration receives monthly reports from courts.
• Under the Nonresident Violator Compact framework, enforcement actions for nonappearing violators must be reported within six months.
• Adjudication refers to which court action?
• In which branch of the government is the police department?
• It is not improper conduct for a judge to fail to conduct court business in a timely manner.
• Time is enlarged if the last day falls on a weekend or holiday.
• Before issuing a capias pro fine, what must the court do?
• A CDL holder may be granted deferred disposition for motor vehicle control violations.
• When a defendant has been in jail before conviction, who is responsible for granting jail credit?
• People who attempt to be intimidating are less successful if the clerk creates nonverbal barriers and actively assert his or her rights.
• The only way to meet financial responsibility for the 'no insurance' law is by purchasing liability insurance from a licensed company doing business in Texas.
• The clerk's role in the trial process includes
• In such cases, which option best describes the possible waivers?
• City ordinance violations may be filed in either the municipal court or the justice of the peace court.
• In municipal court, which of the following best describes the prosecutor's duties?
• Case Law provides for a magistrate's authority
• An appeal is the process of having a higher court conduct a new trial or review either the facts and law or just questions of law from a proceeding held in lower court.
• What is the judgement of the court?
• Capias pro fine, summons, and capias are examples of:
• What a person considers to be ethical depends on a person's value system.
• Which statement about child witnesses is true?
• Which oaths may a clerk administer?
• Which term is an example of bias-free language when referring to a public safety worker?
• What is a jurat?
• Regarding oaths and anti-bribery statements, which statement is correct?
• Prior to filing a written complaint, how may a complainant contact the Judicial Commission?
• Which court handles appeals from municipal court?
• When are court costs required to be collected on cases?
• In municipal courts, there is typically how many presiding judges?
• Which statement best describes juror pay by municipal courts?
• Which statement about interpreting services is true for courts that cannot locate a certified interpreter within 75 miles?
• Which of the following rights do not apply to defendants in municipal court?
• What is the Bill of Rights?
• Which set of pleas may a detained defendant enter when permitted by a judge?
• Which statement about absentia is true?
• The child safety fund is collected on all Rules of the Road offenses, regardless of location.
• Which process may municipal court clerks issue?
• A defendant's property may be sold to satisfy a municipal court judgement.
• A capias is an order to arrest the defendant.
• All city ordinance complaints must conclude with the following wording:
• When is a complaint required to be filed?
• The State Comptroller of Public Accounts is prohibited by law from assisting municipal courts with questions relating to state court costs.
• Which behavior demonstrates being task-oriented when dealing with court staff?
• Which statement about failing to appear for jury duty is true?
• Cities under 5,000 population must pay the State all but one dollar of the fines and special expenses for offenses under Title 7 of the Transportation Code after they reach 30% of the city's budget.
• Who is responsible for determining whether to file failure to appear charges or to enhance charges?
• In the capacity of a trial court judge, a municipal court judge acts as a special advisor to the police.
• When a defendant is convicted at trial, may the court use the cash bond to pay the fine and costs?
• What is a civil case?
• The city council has authority to set fines for the judge.
• When a defendant makes a partial payment, the clerk must credit the payment first to the fine.
• Which statement about home-rule cities is accurate?
• Depending on whether a city is a general law or home rule city and whether the court is a court of record, clerks may be:
• In formal court communications, which statement is most accurate?
• When the clerk receives a Motion for New Trial, the clerk should:
• To attain and maintain integrity and professionalism, clerks should always:
• Which of the following is a ministerial duty?
• Nolo Contendere is a Latin term meaning:
• Clerks may grant extensions and time payment plans to defendants.
• A question about the term for bias in jury selection is a form of which challenge?
• An appeal bond may not be less than double the amount of fines and court costs.
• May a judge permit a defendant who is detained in jail to enter a plea of guilty, nolo contendere, or not guilty?
• What does the two-year statute of limitations apply to?
• The governing body of a municipality may, by ordinance, provide authority for a judge of a municipal court of record to issue a seizure warrant to address a nuisance or remove debris?
• Which tactic is described as reducing a defendant’s ability to be intimidating during a stop?
• When a citation is filed in a case that is going to trial and then a sworn complaint is filed, the sworn complaint is a new case that has a different docket number.
• If a municipal court does not have a complaint or citation filed, the court may not accept a plea of guilty from the defendant.
• Who may request that a jury shuffle is used?
• Who is primarily responsible for maintaining order in the courtroom?
• Which of the following best describes the concept of consanguinity?
• What is the proper term for when a court pronounces judgement?
• What is the role of the prosecutor in municipal court?
• When a defendant pleads guilty or nolo contendere, what else must the defendant give the court?
• Which statement about the importance of punctuation in court communications is accurate?
• What initiates the offense of public intoxication in court proceedings?
• What is the burden of proof in a criminal trial?
• The court may subpoena the parents or person having custody, care, or control of a child to produce a child witness in court.
• It is legal and ethical for a clerk to explain to a defendant how to complete an appeal bond.
• Which condition allows the court to treat a copy of the citation as the complaint?
• If a clerk determines that there is an error on a traffic citation, he or she should tell the judge so that the judge can dismiss the case.
• Which statement best describes the origin of common law?
• Oaths of office and anti-bribery statements must be filed every time a clerk is reappointed.
• Which statement accurately reflects the jurisdiction of municipal courts over nuisance abatement and junked vehicles?
• Municipal courts do not have jurisdiction over civil cases.
• When a defendant completes a driving safety course, the court is required to report to DPS the date the case is dismissed.
• When a court requires a defendant to discharge the fine by community service, the court does not report that traffic conviction to DPS because the court has not collected any money.
• Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.
• The driving safety course deadlines are 90 days to take and 120 days to file the certificate.
• Municipal courts operate at the city level and are bound by state and federal statutes.
• Continuances may be granted under which condition?
• Which of the following is not a valid legal exemption that a potential juror could claim?
• Which practice best aligns with being task-oriented when interacting with court staff?
• Stating to a defendant that the judge cannot hear his or her side of the case outside of a trial constitutes legal advice.
• The organizational structure of a small court may be different from that of a large court. Which option best reflects this statement?
• Cities may pass an ordinance to collect additional court costs without authorization by state law.
• Prior to filing a written complaint, the complainant may contact the judicial commission by phone.
• If a defendant signs a conditional plea of nolo contendere while posting a cash bond, may the court forfeit the bond to pay the fine and court costs if the defendant fails to appear?
• Being task-oriented and explaining court procedures helps defendants to respond more respectfully to court staff.
• The court's letterhead can be used to promote a charity event for Crime Stoppers.
• Municipal court clerks may be sanctioned by the Commission on Judicial Conduct.
• In the scenario where a citation is filed in a case going to trial and later a sworn complaint is filed, the sworn complaint does not create a new docket number.
• Defendants who request to take a driving safety course under Article 45.0511 must have a Texas driver's license or permit and some form of valid financial responsibility.
• If the court determines that the offense involved family violence, the court shall:
• When a defendant fails to pay a previously assessed fine, the judge may require a defendant to perform community service to discharge the fine.
• Which statement correctly describes the driving safety paperwork role of clerks?
• Who may personally deliver service of a summons?
• For offenses that occur in a construction or maintenance work zone when workers are present, the judge is required to double the fine.
• In court communications, which statement is true?
• A subpoena duces tecum requests a witness to bring with him or her something tangible that is desired as evidence.
• All municipal court judges serve a term of four years.
• If bond forfeiture is declared by the court, is the court required to issue a capias for the defendant's arrest?
• Municipal courts are required to try all cases within 60 days of the request for trial.
• Which statement best describes the function of the Code of Judicial Conduct?
• Which of the following statements about revenue and judicial duties is correct?
• The population threshold of 10,000 is required to create a Municipal Court of Record.
• The Judicial Commission is governed by the Texas Public Information Act.
• Which statement about Texas traffic cases is correct?
• Which statement best describes effective communication with court staff?
• Which statement about permanent exemptions from jury service is true?
• Which statement accurately reflects juror information privacy?
• City managers may establish traffic revenue quotas as part of evaluating the court's performance.
• A defendant in municipal court of non-record who fails to complete a driving safety course or deferred disposition may not appeal his or her case.
• The offense of public intoxication must be initiated by a sworn complaint, not by citation.
• In which situation does the Code of Judicial Conduct govern the judge's behavior?
• Which statement about the State Comptroller's role is accurate?
• How does the Code Construction Act require courts to calculate time?