GOVT 2306 Exam 3 Study Guide
According to the Texas Judicial Campaign Fairness Act, individuals can donate a maximum of __________ to candidates running for statewide judicial positions.
$5,000
In even-numbered years, Texas representatives receive a salary of ________ per year, not including a per diem.
$7,200
Each county in Texas has at least how many district courts?
1
Approximately what percentage of justices of the peace in Texas are lawyers?
10%
In the Texas legislature, the House has ________ members and the Senate has ________ members.
150; 31
If you want to serve in the Texas House, you must be at least _____ years old. If you want to serve in the Texas Senate, you must be at least ______ years old.
21; 26
As of 2021, what percentage of appellate judges in Texas were women?
49
Individuals who are elected to the Texas legislature are eligible for a legislative retirement pension after how many years of service?
8
In Texas, plea bargains are used to get convictions approximately ___________ of the time.
97 percent
If the chair of a committee in the Texas Senate is accused of pigeonholing another senator's bill, what has happened?
?? ( not The chair did not think that the bill was a "good fit" for their committee and sent it to another committee. It ended up at the bottom of the referral list and, due to the compressed nature of the legislative timeline, most likely will not get a hearing by that committee.)
When does a judge have to run in a retention election?
?? (not In systems with competitive elections, every other election is a retention election without opponents.)
What types of cases does the Texas Supreme Court hear?
?? (not final appeals on all civil and death penalty cases)
Where are county courts located?
?? (not in every county in Texas) (and not only in counties with a population of at least 1 million)
In order to save time in the compressed legislative session,
?? (not legislators postpone dealing with nonlegislative functions of their offices.)
One reason why there are fewer Black, Latino, and Asian judges in Texas is that
?? (not minority candidates tend to be outspent by White candidates.)
What is a tort?
A civil wrong that causes harm to another and is remedied by awarding economic damages to the injured party.
Civil forfeiture always requires a warrant.
False
In Texas, both the lieutenant governor and the Speaker of the House are elected in statewide elections.
False
The Texas Constitution permits the election to the Texas legislature of persons who are not U.S. citizens but who have been legal residents of Texas for at least 10 years.
False
The Texas House of Representatives is responsible for both impeaching government officials and holding the trials after impeachment.
False
The Texas Supreme Court hears criminal cases only.
False
The Texas legislature can overturn a post-adjournment veto.
False
The governor of Texas can use the line-item veto on any type of legislation.
False
Which is the most important bill that applies to all people and property throughout Texas?
General bill
The agenda for special sessions in the Texas legislature is set by the
Governor.
What happens if the governor takes no action on a bill (neither signing nor vetoing) within 10 days of it arriving on their desk?
It becomes law without the governor's signature.
In Texas, why is a governor's post-adjournment veto so powerful?
It cannot be overturned by the legislature.
As in the U.S. Congress, the purpose of a conference committee in the Texas legislature is to do what?
It is a committee designed to make differing House and Senate versions of the same bill identical.
In Texas, the governor's State of the State address is an example of the ________ power.
Message
_________________ can result in a jail sentence while ____________________ can result in a prison sentence.
Misdemeanors; felonies
Who has responsibility for redistricting the legislative districts in Texas?
The Texas legislature tries first, but if it is unable to do so at the first regular session after the census, the job goes to the Legislative Redistricting Board.
In the Texas legislature, when a committee chair "pigeonholes" a bill, what happens?
The bill is set aside before it is ever discussed in committee.
Why is the comptroller of public accounts so important to the Texas legislature?
The comptroller informs the legislature how much money it has to spend on the budget.
Which of the following is the most important role the governor of Texas plays in the judicial process?
The governor has the power to appoint district and appellate judges to fill any vacancies on the bench for the time period before elections are held, or to fill judgeships on new courts.
In Texas, if the governor decides that he or she does not want a bill passed by the legislature to become law, he or she must do what?
The governor must veto the bill.
Which of the following is the best definition of redistricting?
The redrawing of district lines for U.S. House of Representatives, Texas Senate, and Texas House every 10 years after the census to ensure that each district has roughly the same number of people
Which of the following rules applies to the filibuster in the Texas Senate?
The senator who has control of the floor must always speak in an audible voice, so that he or she can be heard and understood.
One of the powers of both the Speaker of the House and the lieutenant governor is the appointment power. Who can they appoint?
They can assign members to standing committees and appoint the chairs to those committees.
What is the importance of the Supreme Court's decisions in Reynolds v. Sims and Baker v. Carr?
They declared the constitutional principle of "one person, one vote."
By focusing on some things and not others, the media can shape the legislative agenda and what becomes public policy in Texas.
True
Civil cases use a standard of proof called preponderance of the evidence.
True
Legislative districts must have roughly equal populations to comply with the one-person, one-vote principle.
True
Pigeonholing happens when the chair of a committee sets a bill assigned to their standing committee aside and does not allow it to be considered by the committee.
True
Regular sessions of the Texas legislature last for 140 days and are held every other year.
True
The State Bar of Texas is responsible for enforcing ethical standards for lawyers in Texas.
True
The Texas Constitution forbids the legislature to borrow money to conduct the daily operations of government.
True
The Texas State Commission on Judicial Conduct investigates allegations of judicial misconduct and disability and disciplines judges.
True
The defeat of a large number of Republican incumbent judges in 2018 led the legislature to authorize a commission to study judicial reform and possibly recommend a change in how Texas selects judges.
True
Tort law deals with civil cases where one person has been harmed by the actions of another.
True
Why was straight-ticket voting a concern with respect to judicial selection in Texas?
When voters use straight-ticket voting, judges with years of experience can be voted out of office based on nothing but party affiliation.
You have recently moved to Texas, and you want to run for a seat in the Texas House. How long do you have to wait before you are eligible to run?
You must have 1 year of residency in the district you want to represent, and 2 years of residency in Texas.
Under a merit plan for selecting judges,
a blue-ribbon commission recommends several people to the governor as possible nominees, the governor nominates one of those individuals who must then be confirmed by the Senate, and after about a year in office, the judge must run in a retention election.
Impeachment is ___________________ and is an example of ___________.
a formal charge by the House of Representatives that leads to a trial in the Senate that could result in the removal of an official from office; the Texas legislature's judicial power
What is an ordinance?
a regulation enacted by a city government in the various incorporated cities and towns in Texas
If the Texas legislature grants a particular corporation an exemption from a state law, it is called
a special bill
While bills must be introduced by a member of the Texas legislature, ______________ can write a bill.
anyone
Special sessions of the Texas legislature
are called because the legislature is unable to complete all of its required business in the allotted 140 days of its regular sessions.
Which standard must be met to prove that the defendant is guilty in criminal cases?
beyond a reasonable doubt
In civil cases, a/an ______________ is filed against the person who is accused of causing harm. That person can then file a/an _____________ challenging those claims.
complaint; answer
The power of recognition allows the Texas Speaker of the House to
determine who will get to speak and how long a legislative debate will last.
Civil law focuses on __________________, while criminal law focuses on __________________.
disputes about relationships, obligations, and responsibilities; violations of codes of right and wrong as determined by criminal statutes
How is the lieutenant governor selected?
elected by the voters in a statewide election, and serves a 4-year term
The Texas legislature is responsible for formally counting the returns for the election of governor and lieutenant governor. This is an example of which one of the legislature's powers?
electoral power
Even though judicial candidates mount campaigns for office, voters often know little about judicial candidates. As a result, they vote
for the party label.
Texas senators serve ________-year terms and House members serve ________-year terms.
four; two
District courts in Texas usually have ________ jurisdiction, meaning that they hear a broad range of civil and criminal cases.
general
In the Texas legislature, there are three types of resolutions that are used:
joint resolution, concurrent resolution, and simple resolution.
Texas officially uses which of these methods to select state judges?
partisan election
In civil cases, the burden is on the plaintiff, and the standard that must be met is known as
preponderance of the evidence.
Which type of districts are used in the Texas House and Senate?
single-member districts
Which Texas court hears appeals from justices of the peace and from municipal courts?
statutory county courts at law
Courts that can review matters relating to probate, which is the disposition of estates and property of deceased people, are referred to as what?
statutory probate courts
Which court in Texas has automatic jurisdiction over all death penalty cases?
the Texas Court of Criminal Appeals
County judges in Texas preside over
the county commissioners' court.
What is barratry?
the illegal generation of litigation by attorneys
When the governor strikes out specific spending provisions in large appropriations bills it is called
the line-item veto.
Who can file a complaint with the Texas State Commission on Judicial Conduct?
the public, attorneys, and members of the judiciary
The governor of Texas often uses the State of the State address to do which of the following?
to describe his or her legislative priorities and agenda
What is the purpose of a grand jury?
to determine whether there is enough evidence to justify a trial
A 2021 state constitutional amendment hoped to address the concern surrounding judicial experience in Texas's judiciary.
true
An indictment is also known as a
true bill
Municipal courts in Texas have jurisdiction over
violations of city ordinances.
If you are an attorney and you tell your client that you only take cases using contingent fees, this means that
you will not charge anything to your client if you lose the case, but you will collect a portion of the damages received if you win the case.
Each member of the Texas Senate represents about ___________ people, while each member of the Texas House represents about_________ people.
?? (not 168,000; 811,000)
As of 2021, what percentage of appellate judges in Texas are Latinos?
?? (not 7)
When you go to vote, you see a box at the top of your ballot that allows you to vote for every member of a particular political party running in that election. This is an example of
?? (not party-line voting)
What is tort law?
A branch of civil law dealing with harm done by one party to another where the remedy is economic payments to the injured party.
By the early 1980s, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?
Candidates began switching from the Democratic Party to the Republican Party.
Districts for members of the Texas House include more people than districts for members of the Texas Senate.
False
In 1996, the voters of Texas chose to adopt the merit selection of judges.
False
In Texas, appellate court judges are elected, but the governor appoints all district court judges to six-year terms.
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.
False
In Texas, general bills apply only to a specific location like one city or one county.
False
In a bicameral legislature, a bill only needs to be passed by either the House or Senate before it is sent to the governor to be signed into law.
False
In the Texas House, the lieutenant governor controls legislative debate by selecting who speaks and how long the debate will last.
False
Lawyers often take cases using contingent fee agreements in criminal cases.
False
The clear and convincing evidence standard is generally applied in all criminal cases.
False
The redistricting process only impacts the districts for the U.S. House of Representatives, not the Texas legislature.
False
In Texas, senators and House members take office in______________ of odd-numbered years.
January
What is civil forfeiture?
The confiscation of property believed to be used for illicit purposes where the burden is on the owner to prove the property is not used for criminal activity
Elected members of the legislature are paid a per diem for days they are doing official business in Austin when the legislature is not in session.
True
Even though each special session is capped at 30 days, there is no limit on the number of special sessions a governor can call.
True
Governor Abbott called a special legislative session in 2021 to deal specifically with redistricting among other things.
True
In Texas, the county judge presides over the county commissioner's court.
True
In a criminal trial in Texas, there must be a unanimous verdict for the defendant to be found guilty.
True
Law firms cannot give more than $30,000 to any candidate in Texas running for a statewide office in the judiciary.
True
Less than 25 percent of all district judges in Texas are Latino.
True
Members of a grand jury sit for a set period of time, generally from two to six months.
True
Members of the Texas legislature are elected to represent the interests of their constituents.
True
According to the Texas Constitution, regular sessions of the Texas Legislature are held
for 140 days biennially, occurring in odd-numbered years.
County judges in Texas have political administrative functions combined with some judicial functions.
true
In Texas, justice of the peace courts handle which kind of disputes?
small claims
In Texas, veterans' courts, DWI courts, and drug courts are types of
specialty courts.
Which type of committee in the Texas legislature is a permanent committee that covers one particular subject area?
standing
What does the "one-person, one-vote principle" mean in practice?
Each legislative district must contain roughly the same number of people, and these districts must be redrawn after each census to take into account population growth and shifts.
Which type of districts are used in the Texas House and Senate?
Single-member districts
How does the media play a role in the legislative process?
Stories and issues that are covered in the media more will tend to move higher in the legislative agenda.
When the governor strikes out specific spending provisions in large appropriations bills it is called
The line-item veto
The agenda for special sessions in the Texas legislature is set by the
governor
The agenda for special sessions in the Texas legislature is set by the
governor.
The first four steps in the process for a bill to become a law in the Texas legislature are:
introduction, referral, consideration by standing committee, and floor action.
The Texas legislature has "directive and supervisory powers" that include the ability to
review each state agency every twelve years.
Courts of appeal have the authority to do what?
review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly
