TEXAS POLITICS REVIEW 2 (chapter 4&5)

Texas Governor Salary

$150,000

Formal Qualifications for Governor

30 years old, registered voter, live in Texas for 5 years prior to election, must be a US Citizen

Characteristics and demographics of governors throughout Texas history?

39 of the 48 governors have been democrat 2 Women (Ann Richards and Ma Ferguson (She got elected into office after her husband was impeached)), Mostly white men, middle aged lawyers or business executives. Typically very wealthy, and have a strong reputation within their party

Bond(Court Terms)

A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the debt, conditioned, however, that the payment of the penalty may be avoided by the performance of certain acts by one or more of the parties.

Information or administrative hearing:(chap 5 vocab)

A hearing before a judge who decides if a person must stand trial; used in place of a grand jury

Demurrer(Court Terms)

A motion to dismiss a case because the claim is legally insufficient.

Merit system, or Missouri system:(chap 5 vocab)

A system of electing judges that involves appointment by the governor and periodic retention election

Capias:(Court Terms)

A type of arrest document issued by the court charging the offender with a violation of a court order or court process of contempt of court.

What is the "Face of Crime"? What groups are more susceptible?

African americans and latinos have higher rates of arrest. People of lower income or living in poverty.

Class Action(Court Terms)

All parties that are affected the same. Must have a "serious interest" in case. Can lead to Punitive damages, if court finds in favor of plaintiff and can prove that defendant was negligent.

When an appeals court affirms a decision, what are they doing?

Appeal court justices may simply affirm (uphold) the lower-court ruling without holding a hearing to consider formal arguments. The reject a lot of cases just based on the legal briefs.

When an appeals court affirms a lower court decision, What are they doing?

Appeal court justices may simply affirm (uphold) the lower-court ruling without holding a hearing to consider formal arguments. They reject a lot of cases just based on the legal briefs.

Arraign:(Court Terms)

Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him an entering of plea. This hearing may be combined with right to counsel hearing.

Voir Dire(Vwaar Deer: To speak Truth):(Court Terms)

Attorneys speaking to prospective jurors to identify who cannot be fair and impartial.

Shortest Serving Governor

Fletcher Stockdale (June 11,1865-June 16,1865)

Deferred adjudication:(Court Terms)

Form of Plea deal. Final judgment is delayed/ deferred for later time

Comptroller of Public Accounts of Texas

Glen Hagar; Treasurer of State, accountant to the state, presents the budget to the legislature, administers zero debt,

What is the overall Succession if a governor cannot fulfill the term

Governor, Lieutenant governor, Senate president Pro Tempore, Speaker of house, attorney general, chief justice of appeals in order

Appellate courts: (chap 5 vocab)

Higher-level courts that decide on points of law and not questions of guilt or innocence

Trial de novo courts(chap 5 vocab)

Courts that do not keep a written record of their proceedings; cases on appeal begin as new cases in the appellate courts.

Lieutenant Governor of Texas? What does he do?

Dan Patrick; establishes all special and standing committees, appoints all chairpersons and members

What court would be the first (central trial court) to hear a felony case?

District Courts

Justice of the Peace Courts (JP):

Each County must have at least 1. Hear both criminal and civil cases. Criminal disputes make up 90% of their workload. Some traffic violations but most are other class C misdemeanors. Also involves mortgage, property liens, and forcible entry and detainer suits.

Informal Qualifications for Governor

Education level, level income, profession, ethnicity, gender, religion,political party name recognition

Nonpartisan election: (chap 5 vocab)

Election in which party identification is not formally declared

The Governor has power of line-item veto. How do they use this power?

Example: The governor can line-item veto money for a state park without having to veto the money for all state parks

County Court:

Relieve constitutional county court. Each County has a county court. These have both criminal and civil jurisdiction. Criminal cases count for 80% of the cases heard. County courts also try Class C misdemeanor cases appealed from JP or municipal courts. Along with criminal and civil cases they also probate uncontested wills, appoint guardians for minors and conduct mental health competency/ commitment hearings.

Longest Serving Governor

Rick Perry

Secretary of State

Rolando Pablos; Chief election official and keeper of state records, appointed by the governor

How does Senatorial Courtesy work through the governor?

Senator from the appointee's district must approve of the appointment Senators will vote against a nominee if the senator from their district in which the nominee lives declares opposition to the nomination

Commissioner of Agriculture of Texas

Sid Miller; Promotes agricultural products and production and protects public health unsafe agriculture practices

Straight ticket voting system:(chap 5 vocab)

System that allows voters to vote for all candidates of a single political party by making a single mark and that has resulted in an increase in the number of Republican judges

Recidivism: (chap 5 vocab)

The rate at which criminal offenders commit crime after they leave the state's custody

Bail:(Court Terms)

The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.

When do Governors Veto a bill, why do they do it, and can it be overturned?

Upon receiving the bill the governor has 10 days to sign it or veto it, if the governor vetoes the bill it is sent back to the house with the explanation of the governors objections

When do we elect our governors and what is the reason for when we do it?

We elect our governors in non-presidential years, we do this because if they were elected during presidential elections, no one would pay attention to the governor elections

Is there a bias of those who are in prison or on death row?

Yes, they are often assumed to be African American, or Hispanic and typically male.

Benefits of being governor

a home in Austin, an automobile with a driver, an airplane, and reimbursement for actual travel expenses

When did Governor terms change from 2 years to 4 Years?

In 1972

Appointive-elective system:(chap 5 vocab)

In Texas, the system of many judges gaining the initial seat on the court by being appointed and later standing for election

Tort: (Court Terms)

In common law jurisdictions, where there is a civil wrong. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm.

Crime in Texas has been going down in recent years? Why?

It has something to do with a campaign in Texas called "Get Tough on Crime"

What is Ashley's Law? What did it attempt to do in Florida?

It's a law that is 8 years old and was started in Florida that dealt with sexual crimes specifically against children. Sexual crime on children 14 years old or under equals life in prison and crime of child under 5 years old equals life in prison without parole!

Grand juries(chap 5 vocab)

Juries of citizens that determine if a person will be charged with a crime

Petit juries:(chap 5 vocab)

Juries of citizens that determine the guilt or innocence of a person during a trial; pronounced petty juries

Attorney Governor of Texas

Ked Packson; Top Lawyer, Chief Counsel, Civil Law

How can the governor be removed from office? Who assumes office if

Lieutenant Governor becomes governor if the governor is incapacitated, resigns or dies or is impeached

Trial courts:(chap 5 vocab)

Local courts that hear cases; juries determine the outcome of the cases heard in the court.

of the policy making process, which of those would the governor have most and least influence?

he is well positioned to influence the official party agenda; least influence in policy implementation and evaluation

Senatorial Courtesy

the courtesy of the governor clearing his or her appointments with the state senator from the appointee's home district

Important figures heads throughout history. What are their names, who served other positions than governor and what did these positions entailed?

-George W. Bush later became president of the US James Ferguson was the only Texas governor to be impeached by the Texas House and convicted by the Texas Senate. -

Writ of Certiorari(Court Terms)

Bring the lower court decision. When the Court reaches a (required) number of 4 Justices, the Court will issue of Writ of Certiorari.

Railroad Commissioners of Texas

Christi Craddock, Wayne Christian, and Ryan Sitten ;regulate oil and gas industry

-Adversarial proceeding(Court Terms)

Competing interest, where there is a Plaintiff and defendant. Plaintiff is the "interest" that has a standing to sue.

stare decisis:(chap 5 vocab)

Court decisions depending on previous rulings of other courts

What are the composite and requirements of Texas court criminal appeals?

Meets in Austin. Last resort for all criminal cases. It has 9 judges (1 presiding judge and 8 additional judges). They decide on cases by a majority vote. They consider appeals brought from the courts of appeals and death penalty cases appealed directly from district courts. They are empowered to issue writs. The most important of these is the Writ of Habeas Corpus, which is a court order requiring government officials to show cause why a person is being held in custody. Persons in jail who think they their rights have been violated may petition the court to issue this writ as a way of reopening their case.

Partisan election:(chap 5 vocab)

Method used to select all judges (except municipal court judges) in Texas by using a ballot in which party identification is shown

Municipal Courts:

Minor criminal matters. Exclusive jurisdiction over cases involving violations of city ordinances. Share jurisdiction with JP courts in misdemeanor cases involving violations of class C misdemeanor within city limits. Traffic Ticket cases account for 80% of the workload.

De Novo:(Court Terms)

New Trial by different tribunal (court and jury).

Nolo Contendere:(Court Terms)

No Contest, Mercy of the Court

Name familiarity:(chap 5 vocab)

Practice in Texas of voting for judges with familiar or popular names

Magistrate functions:(chap 5 vocab)

Preliminary hearings for persons charged with a serious criminal offense

Land Commissioner of Texas

Prescut Bush; manages our veterans program, leases state funds, in charge of supervising oil and gas production

Venire:(Venire Facias)(Court Terms)

Prospective Jurors drawn by random selection. Jury Duty.

District Court:

Texas has 432 district courts. Jurisdiction over one or more counties. Each court serves a specific geographic area. In urban counties the state legislature has created multiple courts. The courts including civil, criminal, family, and juvenile district courts. District courts are the basic trial courts of Texas. They hear all felony cases and have jurisdiction in civil matters involving $200 or more. Civil cases comprise of more than 70% of the caseload. Family law disputes, including divorce and child custody issues are heard in district courts.

Writ of Mandamus:(Court Terms)

The Court mandating an action. Can be to states, or legislatures.

When someone is sentenced to death by way of lethal injection, what court hears the initial appeal?

The Texas Court of Criminal Appeals considers appeals brought from the courts of appeals and death penalty cases appealed directly from district courts.

What are the composite and requirements of Texas supreme court ?

The Texas Supreme Court: Sits in Austin. Has nine members (one chief justice and 8 associate justices). This court is the supreme law of the state. There is no court higher in the state. They handle civil matters only. They can issue a Writ of Mandamus which is a court order directing public officials to perform a specific act or duty. The court also has final authority over the involuntary retirement or removal of all judges in the state.

Objectivity:(chap 5 vocab)

The appearance that courts make objective decisions and not political ones

Plaintiff(Court Terms)

The party initiating the suit

Defendant(Court Terms)

The party the suit is aimed at.