Government Review CH 7,8,9 APP + CH9 GT

Less than 25 percent of all district judges in Texas are Latino true/false

True

Why is the Texas governor's power weaker compared to that of the governors of some other states? a) A plural executive system b) Inability to appoint any administrative heads c) Lack of line-item veto d) Tenure limits

a) A plural executive system

In civil cases, the burden is on the plaintiff, and the standard that must be met is known as a) A preponderance of the evidence b) Overwhelming proof c) Without any doubt d) Beyond a reasonable doubt

a) A preponderance of the evidence

Under which condition would a criminal case enter the realm of public law a) If the defendant claims that constitutional rights were violated b) If the plaintiff waives the right to a jury trial c) If the plaintiff appeals to a higher court d) If the defendant is found not to have standing

a) If the defendant claims that constitutional rights were violated

Which presidential powers are not expressed in the Constitution but rather stem from the "rights, duties, and obligations of the presidency," especially during wartime or national emergencies? a) Inherent powers b) Necessary and proper powers c) De facto powers d) Autocratic powers

a) Inherent powers

Which term best describes the power of the courts to declare actions of the legislative and executive branches, as well as state government, invalid due to a violation or conflict with the Constitution or federal law? a) Judicial review b) Judicial rulemaking c) Judicial restraint d) Judicial activism

a) Judicial review

What do we mean when we say that Texas has a "plural executive" a) Power in the executive branch is fragmented between multiple individuals who are all independently elected statewide elections b) The governor has the ability to appoint many people to serve in their cabinet and assist in decision making c) The Office of the Governor is shared by two people, the governor and the lieutenant governor, and they run for office together-similar to the president and vice president in the federal system. d) Multiple people must all agree before any executive action can be taken

a) Power in the executive branch is fragmented between multiple individuals who are all independently elected statewide elections

In Texas, veterans' courts, DWI courts, and drug courts are types of a) Specialty courts b) Reform courts c) Municipal courts d) Statutory county courts at law

a) Specialty courts

Which of the following statements best explains the framers' intent regarding presidential power? a) They sought to constrain the power of the president by denying him or her a political base of support independent of Congress and the state legislatures. b) They expected Congress to increasingly delegate its powers to the president, thereby empowering the executive branch over time. c) They intended for the president to court public opinion when congressional opposition stood in the way of presidential policy initiatives d) They were strong proponents of the theory of the unitary executive.

a) They sought to constrain the power of the president by denying him or her a political base of support independent of Congress and the state legislatures.

Which of the following is a consequence of elections for governor and other members of the plural executive being held in "off-years" (years when there is not a presidential election)? a) Voter turnout tends to be lower b) Less money is spent in these elections because it is cheaper to get ad time on TV c) There is less competition for voters' attention because of a shorter ballot d) It is easier for candidates to gain a spot on the ballot

a) Voter turnout tends to be lower

Civil law focuses on _______, while criminal law focuses on_______ a) Violations of normative standards; disputes regarding implemations of law b )Disputes about relationships, obligations, and responsibilities; violations of codes of right and wrong as determined by criminal status c) Only issues regarding money; all other issues related to the law d) Matters involving juveniles and families; matters involving adults

b )Disputes about relationships, obligations, and responsibilities; violations of codes of right and wrong as determined by criminal status

Which of these terms is used to describe the judicial practice in which a court ruling applies as a precedent in future similar cases a) A path dependency b) A stare decisis c) Common law d) Habeas corpus

b) A stare decisis

The chief lawyer for Texas is the a) Secretary of state b) Attorney general c) State comptroller d) Chief justice of the state supreme court

b) Attorney general

If the governor of Texas is impeached and convicted, then he or she a) Can be pardoned by the lieutenant governor b) Cannot subsequently hold any other state office c) Must reimburse the state for the cost of the trial in the Senate d) Can appeal the conviction to the Texas Supreme Court

b) Cannot subsequently hold any other state office

The justice on the Supreme Court who presides over the Court's public session is the_____ justice a) High b) Chief c) Senior d) Supreme

b) Chief

The position of state treasurer in Texas was eliminated in 1996. Which office took over the treasurer's responsibilities, including being responsible for the safety of the state's money and for investing the state's money? a) State bursar b) Comptroller of public accounts c) Secretary of the treasury d) Secretary of financial affairs

b) Comptroller of public accounts

Cases in which the government charges an individual with violating a statute has been enacted to protect the public health, safety, morals, or welfare ar classified as_____ law a) Civil b) Criminal c) Common d) Public

b) Criminal

District courts in Texas usually have_____ jurisdiction, meaning that they hear a broad range of civil and criminal cases a) Specific b) General c) Limited d) Mid-tier

b) General

The Office of Management and Budget does which of the following? a) It hires private contractors for all other executive agencies b) It helps the president develop a budget proposal and oversees federal spending c) It coordinates with governors who share the president's party to ensure fiscally healthy state governments d) It enforces the constitutional mandate for a balanced federal budget.

b) It helps the president develop a budget proposal and oversees federal spending

What is the president's inherent power to bring a legislative agenda before Congress called? a) Executive orders b) Legislative initiative c) Executive privilege d) Legislative veto

b) Legislative initiative

The president's expressed powers include the ability to do which of the following? a) Raise taxes b) Nominate federal judges c) Select candidates for the Congress from his or her political party d) Declare war

b) Nominate federal judges

Texas officially uses which of these methods to select state judges? a) Merit plan b) Partisan election c) Nonpartisan election d) Appointment by governor

b) Partisan election

Which of the following is the best explanation as to why presidents usually become quite unpopular over the course of their terms? a) At some point in their terms, most presidents will have been impeached by congress, with a wrestling drop in the polls b) Presidents generate popular support by promising to undertake important programs, but presidential performance often falls short of those promises c) Once reelected, presidents, often lose interest in their duties and begin planning for their career after leaving office and setting up a presidential library d) Reporters typically turn against second-term presidents, providing a steady stream of negative coverage

b) Presidents generate popular support by promising to undertake important programs, but presidential performance often falls short of those promises

The governor of Texas may be removed from office by impeachment with conviction by the a) Attorney general b) Texas Senate c) Texas House d) Judiciary

b) Texas Senate

Which court in Texas has automatic jurisdiction over all death penalty cases? a) The Texas Supreme Court b) The Texas Court of Criminal Appeals c) The district court d) The justice of the peace court

b) The Texas Court of Criminal Appeals

What happens in a bench trial? a ) The trial is one great public interest and is covered by the media, with television cameras located on special benches so that the faces of the jury re not made public b) The defendant gives up his or her right to a trial by jury, instead the trial is conducted with only the judge c) The defendant is represented by a public defender instead of a private attorney. d) Multiple defendants who are all accused of the same crime are tried together and share one trial

b) The defendant gives up his or her right to a trial by jury, instead the trial is conducted with only the judge

One type of appointment power often used by governors is called patronage, where a) The governor sets standing reservations at his or her favorite restaurants in Austin b) The governor regards supporters by appointing them to office c) The governor determines which vendors will be given state contracts d) The governor selects individual for staff positions with member of the legislature

b) The governor regards supporters by appointing them to office

Which actor has the most influence over the use and content of special sessions of the Texas legislature? a) The Speaker of the House, because all legislation must originate in the House even if the governor calls a special session b) The governor, because only the governor can call a special and he or she gets to set the agenda for the session as well c) The lieutenant governor, because special sections as one of the powers granted to the lieutenant governor through the plural executive d) The chief justice of the Texas Supreme court, who decides what is on the agenda for the special session and must approve calling special sessions.

b) The governor, because only the governor can call a special and he or she gets to set the agenda for the session as well

What makes White House staff distinct from other executive branch officials who work underneath presidents, including appointed cabinet officials? a) They are often citizens of other countries b) They are much more focused on the president's electoral and partisan interests c) They must be approved by the Senate d) They are composed of elected officials from local, state, and federal offices.

b) They are much more focused on the president's electoral and partisan interests

What is tort law? a) A branch of civil law dealing with actions taken by juveniles were the remedy involves mandatory counseling for the accused until he or she turns 18 b) An outdated form of law that was common in the 1800's, but no longer use in today's legal system c) A branch of civil law dealing with harm done by one party or another where the remedy is economic payments to the injured party d) A form of law that is based on using the beyond-a- reasonable- doubt standard of evidence

c) A branch of civil law dealing with harm done by one party or another where the remedy is economic payments to the injured party

When President Jimmy Carter declared official legal forgiveness for all the draft evaders of the Vietnam War, he was said to have granted a) Paroles b) Reprieves c) Amnesty d) Probation

c) Amnesty

Which standard must be met to prove that the defendant is guilty in a criminal case? a) Without any hesitation b) A preponderance of the evidence c) Beyond a reasonable doubt d) Based on overwhelming proof

c) Beyond a reasonable doubt

How can Congress override a presidential veto? a) A by two-thirds majority vote in either of the House or the Senate b) By a simple majority vote in both the House and the Senate c) By a two- thirds majority in both the House and the Senate d) It cannot be overridden

c) By a two- thirds majority in both the House and the Senate

Cases involving disputes among individuals or parties (organizations such as businesses or governments) in which the losers may be required to pay monetary damages for their actions but not sent to jail or prison are classified as______ law. a) Criminal b) Public c) Civil d) Natural

c) Civil

What types of cases does the Texas Supreme Court hear? a) A appeals on civil and criminal cases b) Both trial and appeals in tort- law cases c) Civil appeals d) Final appeals on all civil and death penalty cases

c) Civil appeals

Which of the following is a major form of public law? a) Tort law b) Contract law c) Constitutional law d) Criminal law

c) Constitutional law

The two most common types of civil cases involve a) Illegal drugs and petty thievery b) Traffic offenses and mail fraud c) Contracts and torts d) Tax evasion and illegal drugs

c) Contracts and torts

Police have arrested Wilmar Heathcoath-Hendrix, a 62-year-old ranch owner in a western state on explosives and illegal firearms charges in connection with his telling undercover federal law enforcement officers about plans to "get revenge" against environmental regulators. If indicted by a grand jury, he will be tried in a_______ a) General b) Private c) Criminal d) Civil

c) Criminal

What are the powers given to the president by Congress called? a) Expressed powers b) Invested powers c) Delegated powers d) Transferred authorities

c) Delegated powers

Which term describes an understanding between the president and another country that has the force of a treaty but does not require Senate authorization? a) A bilateral accord b) Presidential treaty c) Executive agreement d) International pact

c) Executive agreement

The American president exercises a measure of judicial authority through the power to a) A offer paroles and probations b) Give atonements and expiations c) Grant reprieves, pardons, and amnesties. d) Mandate subpoenas, writs of habeas corpus, warrants of indemnity

c) Grant reprieves, pardons, and amnesties.

The Texas__________ is responsible for a variety of elements throughout the state, including environmental quality on public lands and waters such as the beaches on the gulf Coast a) A commissioner of the environment b) Agriculture commissioner c) Land commissioner d) Commissioner of the interior

c) Land commissioner

The governor of Texas has some control over the final appropriations bill through the use of the _____ veto a) A amendatory b) Reduction c) Line-item d) Pocket

c) Line-item

Who was the first woman to be governor in Texas? a) Ann Richards b) Barbara Jordan c) Miriam Ferguson d) Kay Bailey Hutchison

c) Miriam Ferguson

_______ can result in jain sentence while__________ can result in prison sentence a) Tort cases; probate cases b) Capital cases; tort cases c) Misdemeanors; felonies d) Civil offenses; criminal offenses

c) Misdemeanors; felonies

In addition to meeting the age, citizenship, and residency requirements, which of the following would you need most in order to be a viable candidate for governor in Texas? a) A background in business so that you will be able to manage the budget of the various state agencies b) A law degree so that you can understand all aspects of the job c) Money, since campaigns have become very expensive d) A degree from a texas university so that you meet the minimum education requirements

c) Money, since campaigns have become very expensive

Courts of appeal have the authority to do what? a) Suspend habeas corpus b) Hear all cases from across the state, regardless of reasoning c) Review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly d) Review the abilities of lower court justices

c) Review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly

The governor appoints people to office, but in the Texas ______ must also confirm them a) House of Representatives b) Ethics Commission c) Senate d) Commission on Appointments

c) Senate

In the 2012 case of Arizona Et Al.v.United States, the Supreme Court ruled that federal law superseded an attempt by Arizona's state government to regulate the immigration of undocumented foreign nationals. Which of the following was cited by the Court as justifying the greater importance of federal law here? a) State decis b) The miranda rule c) The Constitution's supremacy clause d) The Constitution's full faith and credit clause

c) The Constitution's supremacy clause

Which official is the highest military authority in the United States? a)The secretary of defense b) The secretary of state c) The President d) The speaker of the House

c) The President

Suppose, on his last day in office, the president gave a full pardon to a supporter. The decision was controversial, and the new incoming administration expressed dismay at this decision. What can the new administration do about the pardon? a) The new administration can charge the previous president's supporter again and retry them, hoping for another conviction b) The new administration can request that Congress overturn the pardon with a two-thirds vote in both the House and the Senate c) The new administration can do nothing; persons granted are relieved of their sentences and penalties, and they cannot be rescinded by new administrations. d) The new administration can ask the Supreme Court to review the pardon; if the Court thinks the pardon was not issued correctly, the pardon is invalidated.

c) The new administration can do nothing; persons granted are relieved of their sentences and penalties, and they cannot be rescinded by new administrations.

Which of the following is the best definition of jurisdiction? a) The requirement that citizens be treated according to the law b) The past cases used to justify a present judicial decision c) The types of cases over which a court has authority d) The number of judges who make up a court

c) The types of cases over which a court has authority

What is the primary task of the Texas secretary of state? a) To coordinate and plan projects in conjunction with the federal government b) To oversee the state's foreign, economic, and diplomatic policy c) To handle elections and voter registration d) to collect child-support payments

c) To handle elections and voter registration

The traditional but informal name for the heads of the federal government's major department is the a) Executive office b) White House staff c) Cabinet d) National Security Council

c) cabinet

The Constitution's framers opted for an indirect manner of presidential selection through the Electoral College, rather than direct election, and in so doing denied most early presidents a) Effective party leadership b) Executive privilege c) Control of the federal bureaucracy d) A broad based of popular support and legitimacy

d) A broad based of popular support and legitimacy

Why does Congress create and pass legislation with broad mandates, leaving agencies to figure out how to implement its presumed will? a) Because Congress adds so much pork-barrel spending to bills and legislation just to get bills passed that it has no time to write out specific rules b) Because humans are imperfect, ideas about language shift, and precise rules always end up being impossible for people to follow over time c) Because all members of Congress want to do the bar minimum required of their jobs before heading out to raise campaign money again d) Because representatives are not experts on complex political issues, but must respond to them anyway, leaving them to delegate details to administration

d) Because representatives are not experts on complex political issues, but must respond to them anyway, leaving them to delegate details to administration

In civil cases a/an______ is filled against the person who is accused of causing harm. That person can then file a/an_______ challenging those claims. a) Charging document; retort b) Indictment; response c) Affidavit; appeal d) Complaint; answer

d) Complaint; answer

The trial courts of general jurisdiction at the federal level are called______ courts a) A circuit b) Federal claims c) Supreme d) District

d) District

What is the term for a tool presidents can and often do wield that can have the broad effect of legislation, although it is first and foremost a management tool involving the power of virtually any CEO to make "company policy" a) Presidential command b) Presidential mandate c) Executive law d) Executive order

d) Executive order

If government agents seize you and hold you in a jail without explanation, you can file with a federal court for this kind of writ, which forces the government to bring you before the court and explain why you are in custody a) Indictment b) Miranda rule c) Mandamus d) Habeas corpus

d) Habeas corpus

When the president takes no action on a bill for over 10 days while Congress is not in session, what happens to the bill a) The president may declare the bill invalid via executive order b) It survives and Congress censures the president for inaction c) It dies via what is called a "line-item veto" d) It dies through what is called a presidential "pocket veto"

d) It dies through what is called a presidential "pocket veto"

If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a higher court such as a) A tertiary state court b) Grand jury court c) Different state trial court d) State court of appeals and, from there a state supreme court

d) State court of appeals and, from there a state supreme court

For a Texas governor, what is the benefit of a post-adjournment veto? a) It requires a two-thirds majority from both houses to override it b) It is the only way to veto legislation without giving reasons c) It allows the governor to veto specific provisions of a bill d) The legislature is prevented from overriding it

d) The legislature is prevented from overriding it

In Texas, if a sitting governor is unable to hold office due to impeachment and conviction, resignation, or death, who becomes governor? a) The secretary of state b) The comptroller of public accounts c) The Speaker of the state House of Representatives d) The lieutenant governor

d) The lieutenant governor

What is executive privilege? a) The power of the executive branch to enter into agreements with the governments of other countries without Senate approval b) The power of the executive to reject acts of Congress c) The power of the executive branch explicitly assigned to it by the Constitution d) The power of the executive branch to shield communications between the president and close advisers

d) The power of the executive branch to shield communications between the president and close advisers

Why did the Texas Constitution establish a plural executive? a) The complications of running a state as large as Texas necessities a plural executive b) Texas was following the structure of the federal executive c) In order for the executive branch to be as dominant as possible d) There was a suspicions of a strong chief executive

d) There was a suspicions of a strong chief executive

What is the purpose of a grand jury? a) To select members of the petit jury b) To decide whether a member of the judicial branch has violated the code of ethics and should be removed from the bench c) To determine whether the accused is guilty or innocent d) To determine whether there is enough evidence to justify trial

d) To determine whether there is enough evidence to justify trial

The court that initially hears a criminal or civil case is the_____ court a) Appellate b) Original c) Circuit d) Trial

d) Trial

If the governor does not think that a piece of legislation that has been passed by both the Texas House and Senate should become lw, then he or she can ________ the legislation a) Do nothing to stop b) Refuse to sign c) Petition for reconsideration of d) Veto

d) Veto

Municipal courts in Texas have jurisdiction over a) Third-degree felonies committed within the city limits b) Traffic violations outside the city c) Class A misdemeanors that are violations of federal law committed within the city limits d) Violations of city ordinance

d) Violations of city ordinance

The___________ of Texas is the only member of the plural executive to be appointed rather than elected to office. a) Attorney general b) Comptroller c) lieutenant governor d) secretary of state

d) secretary of state

A case can only become a matter of public law if it arises from a criminal case true/false

false

American citizens vote directly for the president true/false

false

Congress is constitutionally obligated to at least consider the policy proposals of presidents, especially when introduced or discussed in annual State of the Union addresses. true/false

false

Delegated powers are those that are specifically granted to the president in text of the Constitution true/false

false

In Texas, county civil courts are responsible for commitment of individuals to mental institutions and guardianship of those who are unable to handle their own affairs true/false

false

In Texas, lawyers are able to continue practicing law and representing clients when they are charged with a crime but have not yet been found guilty by a court of committing that crime true/false

false

In civil cases, the person bringing a complaint- that is filling suit- is called the defendant. true/false

false

In order to serve in any judicial position in Texas, you must be a licensed attorney and in good standing with the Texas Bar Association true/false

false

Judicial elections in Texas are nonpartisan true/false

false

The Supreme Court only hears involving public law true/false

false

The governor of Texas is limited to serving two terms as governor true/false

false

The president of the US can fire a federal judge for making bad decisions true/false

false

There are no limitations or restrictions on when Texas governor can use the line-item veto true/false

false

A political strategy whereby the president makes the case to the people of the country that a certain policy needs to be enacted is known as going public true/false

true

All death penalty cases are automatically appealed to the Texas Court of Criminal Appeals true/false

true

Civil cases use a standard of proof called preponderance of evidence true/false

true

Country judges in Texas have political administrative functions combined with some judicial functions true/false

true

Even before 2022, when the Supreme Court overturned Roe vs Wade the 1972 case that legalized abortion nationwide- more conservative Courts of recent times had allowed states to restrict access to abortion true/false

true

In Texas, traffic violations can be brought before both municipal courts and justice of the peace courts true/false

true

In both civil and criminal cases, a decision of the highest state court can be appealed to the US Supreme Court by raiding a federal issue true/false

true

In general, presidents have used the veto to equalize or perhaps upset the balance of power with congress true/false

true

In the United States, the courts resolve both civil and criminal disputes true/false

true

Losers in civil cases may be required to pay monetary damages for their actions true/false

true

Most cases are settled before trial true/false

true

The State Bar of Texas is responsible for enforcing ethical standards for lawyers in Texas true/false

true

The State Board of Education is responsible for setting policy relate to public pre K-12 education in Texas true/ false

true

The Texas Constitution of 1876 placed strict limits on the governor's ability to control the people appointed to office true/false

true

The governor can exercise their message power during the State of the State address true/false

true

Tort cases, which are common in civil law, involve claims such as that a defendant caused injury by negligence or malfeasance in an automotive or industrial accident true/false

true