gov 2306

According to the Texas Judicial Campaign Fairness Act, individuals can donate a maximum of __________ to candidates running for statewide judicial positions. $30,000 $75,000 $5,000 $100,000

$5,000

In Texas, felony juries are composed of ________ people and misdemeanor juries are composed of ________ people. 6; 3 12; 5 9; 6 12; 6

12; 6

Individuals who cannot afford an attorney have a constitutional right to have one appointed to them. Which Supreme Court case was instrumental in guaranteeing this right? Ruiz v. Estelle Gideon v. Wainwright Betts v. Brady Miranda v. Arizona

Gideon v. Wainwright

Which of the following is true about the supremacy clause? In a conflict between federal and state laws, federal laws take precedence and will override state laws. Federal laws will be supreme in the national sphere, and state laws will be supreme in local affairs. In the federal system established by the Constitution, the true source of sovereignty is Congress. As a sovereign institution, the state government only needs to obey the limits that it establishes for itself.

In a conflict between federal and state laws, federal laws take precedence and will override state laws.

The clear and convincing evidence standard is generally applied in all criminal cases. True False

False

According to the Tenth Amendment of the U.S. Constitution, any powers not delegated to the national government by the Constitution, nor prohibited by it to the states, can be claimed by the national government as necessary. belong to either the people or the state. belong exclusively to the states. belong exclusively to the people.

belong to either the people or the state

In Texas, the legal standard of proof "beyond a reasonable doubt" is used in which type(s) of cases? both felony and misdemeanor cases misdemeanor civil felony

both felony and misdemeanor cases

Cooperative federalism is also known as marble-cake federalism. layer-cake federalism. coercive federalism. dual federalism.

marble-cake federalism.

If a person cannot provide bail on his or her own or cannot pay a bondsman, then the accused can, in some circumstances, be released on personal recognizance. by a cosigner. on 25 percent of bail amount. on collateral.

on personal recognizance.

In the Texas legislature, the House has ________ members and the Senate has ________ members. 150; 31 100; 25 31; 150

150; 31

If you are convicted of a crime and sentenced to serve time at a Texas state jail, then your sentence can be no longer than 10 years. 180 days. 2 years. 5 years.

2 years.

The Texas prison population peaked in which year? 1994 2000 2022 1973

2000

Less than 25 percent of all district judges in Texas are Latino. True False

True

One of the most frequent criticisms of the grand jury is that it usually hears only what the prosecutor chooses to let it hear. True False

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 False

True

Police departments are now required to report officer-involved shootings to the state. True False

True

Regular sessions of the Texas legislature last for 140 days and are held every other year. True False

True

In Texas, both the lieutenant governor and the Speaker of the House are elected in statewide elections. True False

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. True False

False

It is more expensive to place a person on probation than in prison. True False

False

Judicial elections in Texas are nonpartisan. True False

False

People on death row in Texas rarely wait more than a year before execution. True False

False

Plea bargains are not often used in Texas criminal trials. True False

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. True False

False

The Texas legislature can overturn a post-adjournment veto. True False

False

The redistricting process only impacts the districts for the U.S. House of Representatives, not the Texas legislature. True False

False

Which amendment to the U.S. Constitution is often called the "States' Rights Amendment" and is commonly used by states to challenge actions by the federal government? Fourteenth Amendment Fifteenth Amendment Tenth Amendment Thirteenth Amendment

Tenth Amendment

Special sessions of the Texas legislature can only be called to deal with issues related to passing a budget. are called because the legislature is unable to complete all of its required business in the allotted 140 days of its regular sessions. can only be called by a joint resolution passed by both the House and the Senate. are called infrequently because they are very expensive.

are called because the legislature is unable to complete all of its required business in the allotted 140 days of its regular sessions

As federal regulations became more intrusive, forcing states to change their policies in order to meet national goals, some people began calling our system of government one engaging in ________ federalism. sovereign dual coercive progressive

coercive

What is federalism under the New Deal best characterized as? dual federalism New Federalism cooperative federalism coercive federalism

cooperative federalism

Which of these is a defining characteristic of federalism? The federal government wields ultimate authority in all matters. Rather than being held exclusively or primarily by one body, governing authority is divided at different levels between several bodies. State governments exist primarily to enact laws established by the national government. State governments can nullify the exercise of unpopular federal laws within their own states' boundaries.

Rather than being held exclusively or primarily by one body, governing authority is divided at different levels between several bodies.

Which 2013 U.S. Supreme Court case struck down the formula for determining the states covered under the Section 5 preclearance requirement of the Voting Rights Act of 1965? Texas v. Holder Reynolds v. Simms Shelby County v. Holder Rick Perry et al. v. Holder

Shelby County v. Holder

Texas officially uses which of these methods to select state judges? partisan election merit plan appointment by governor nonpartisan election

partisan election

In a felony case, before a defendant goes to trial, who grants a verdict that there is sufficient evidence to begin prosecution and that a threshold of probable cause has been met? a petit jury the county attorney the district attorney the grand jury

the grand jury

In 2010, the Supreme Court ruled that the U.S. Constitution's Second Amendment right to "keep and bear arms" was a fundamental right and also applied at the state level. This is an example of one of the consequences of dual sovereignty. the public policy exception. application of the supremacy clause. the incorporation of the Bill of Rights.

the incorporation of the Bill of Rights.

Which of the following requires state governments to spend their own money to meet standards imposed on them by the federal government? block grants unfunded mandates program grants categorical grants

unfunded mandates

Municipal courts in Texas have jurisdiction over violations of city ordinances. class A misdemeanors that are violations of federal law committed within the city limits. traffic violations outside the city. third-degree felonies committed within the city limits

violations of city ordinances.

In the 1972 case of Ruiz v. Estelle, the U.S. federal court determined that the inmates' treatment, while meeting guidelines in the U.S. Constitution, violated provisions in Article I of the Texas Constitution and therefore violated their rights. inmates' treatment was to match the crimes they had committed, taking on a policy of "eye for an eye." inmates' treatment was ethical and appropriate based on the sentences. inmates' constitutionally guaranteed rights had been violated in Texas prisons.

inmates' constitutionally guaranteed rights had been violated in Texas prisons.

Scientific advances in DNA technology have helped exonerate many people who were wrongfully convicted. True False

True

The decision to grant parole is made by the Texas Board of Pardons and Paroles. True False

True

Suppose you are a juror on a felony case. How many members of the jury would need to vote the same way to render a decision? A majority; for a felony case, that is 7 jurors. It would take 8 votes to acquit but 11 votes to convict. A majority; for a felony case, that is 4 jurors. Any decision needs to be unanimous.

Any decision needs to be unanimous.

By the early 1980s, judicial candidates in Texas made a mass change in their campaign strategies. What was that change? Candidates began running with running mates to increase their chances of victory. Candidates began switching from the Democratic Party to the Republican Party. Candidates began selecting a party to align with, unlike when they used to run as nonpartisan candidates. Candidates began switching from the Republican Party to the Democratic Party.

Candidates began switching from the Democratic Party to the Republican Party.

How does being convicted of a felony in Texas impact your ability to vote? Felons are allowed to vote upon full discharge of their sentences. Felons are barred from voting for life. Felons are allowed to vote only if their convictions involved crimes lesser than third-degree felonies. Felons are allowed to vote upon full discharge of their sentences and completed community service.

Felons are allowed to vote upon full discharge of their sentences.

When does a judge have to run in a retention election? In any judicial system, after a judge has faced any sort of disciplinary hearing, a retention election must be held within 90 days so that the voters can decide if the judge should retain this position of trust. In systems with competitive elections, every other election is a retention election without opponents. In a system using merit selection of judges, after a set period of time the judge would have to run in a retention election to see if the voters think that judge is doing a good job and deserves to stay in office. If a judge is elected with more than 60 percent of the vote, he or she faces a retention election rather than a competitive election when the term in office is over.

In a system using merit selection of judges, after a set period of time the judge would have to run in a retention election to see if the voters think that judge is doing a good job and deserves to stay in office.

The Sandra Bland Act requires which of the following? Mandatory investigation of all officer-involved shootings by a specialized organization. Jail deaths must be investigated by an independent agency. Individuals may not be jailed at any point if the maximum punishment for the suspected offense is a fine. Officers must obtain written consent to search a vehicle.

Jail deaths must be investigated by an independent agency.

In Texas, senators and House members take office in______________ of odd-numbered years. March September May January

January

In what way did President Biden establish a larger role for the federal government in responding to the coronavirus pandemic? - Requiring that all U.S. citizens receive a COVID-19 vaccination Halting international travel Developing zero-COVID policies that include strict quarantine protocols that can impact entire cities Mandating that masks be worn on public transportation and on federal property

Mandating that masks be worn on public transportation and on federal property

Who has responsibility for redistricting the legislative districts in Texas? The governor works with members of the Texas Senate to complete the redistricting process. The U.S. Congress takes care of redistricting within each state. 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. The governor has sole responsibility for redistricting 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 chair vetoes a bill after it has already received an affirmative committee vote. The chair refers a bill to only one subcommittee rather than two or more. The bill is set aside before it is ever discussed in committee. The bill is referred to a special session.

The bill is set aside before it is ever discussed in committee.

Which of the following is the most important role the governor of Texas plays in the judicial process? The governor has the power to limit the jurisdiction of the appellate courts. The governor has the power to add additional judges to the appellate courts whenever there is a six-month backlog in cases. The governor has the power to permanently appoint all municipal court judges. 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.

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 send the bill back to the legislature to make revisions. The governor forms a conference committee with members of the legislature to reach a compromise on the legislation. The governor can simply refuse the sign the bill, since it can't become law without the governor's signature. The governor must veto the bill.

The governor must veto the bill.

In Texas, the county judge presides over the county commissioner's court. True False

True

Why would a defendant decide to accept a plea bargain? The plea bargain could include the prosecutors reducing the number and severity of the charges, as well as a reduction in the severity of the sentence that could be imposed. Defendants who accept plea bargains use fewer resources of the judicial system and therefore are more likely to be granted parole earlier. Charges adjudicated through plea bargains do not count against the "three strikes" provision. Plea bargains are negotiated directly by the defendant's attorney and the presiding judge, without the involvement of the district attorney or county attorney.

The plea bargain could include the prosecutors reducing the number and severity of the charges, as well as a reduction in the severity of the sentence that could be imposed.

Why is dual federalism compared to a layer cake? The powers of the different levels of government have become blurred and comingled. The powers of the different levels of government build upon each other. The powers of the different levels of government are separate and distinct. The powers of the different levels of government coordinate with each other.

The powers of the different levels of government are separate and distinct.

What is the importance of the Supreme Court's decisions in Reynolds v. Sims and Baker v. Carr? They declared that preclearance was an unconstitutional abridgement of state power. They declared the constitutional principle of "one person, one vote." They declared the Voting Rights Act of 1965 constitutional. They declared poll taxes unconstitutional.

They declared the constitutional principle of "one person, one vote."

All death penalty cases are automatically appealed to the Texas Court of Criminal Appeals. True False

True

County judges in Texas have political administrative functions combined with some judicial functions. True False

True

If you are convicted of a misdemeanor in Texas, you retain your right to vote. True False

True

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

True

Under a merit plan for selecting judges, the House nominates candidates for judicial positions who are then confirmed by the Senate. 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. voters play an even larger role in determining who serves as a judge in Texas. the candidates' qualifications for office appear next to their names on the ballot so that voters can make informed decisions.

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.

Suppose you are arrested and taken to jail. You must appear before a judge and be told what charges you are being accused of and reminded of your right to an attorney and right to remain silent. What is this process called? pre-trial hearing arraignment plea bargain grand jury indictment

arraignment

Money that is provided by the defendant to make sure that he or she shows up for any required court appearances is called defendant compensation. bail. bounty. a court fee.

bail

Who can prosecute felony cases in Texas? district attorneys or offices of the criminal district attorney the Office of the Attorney General county judges county attorneys

district attorneys or offices of the criminal district attorney

The understanding that the national government and state governments are both sovereign within their sphere of influence is called dual federalism or layer-cake federalism. cooperative federalism or marble-cake federalism. creative federalism or spice-cake federalism. New Federalism or Bundt-cake federalism.

dual federalism or layer-cake federalism.

A system of government in which power is divided between a central government and regional governments is known as separation of powers. federalism. unitarianism. confederation.

federalism

According to the Texas Constitution, regular sessions of the Texas Legislature are held throughout each year, with breaks for holidays and campaigning. for nine months every year. for nine months biennially, occurring in even-numbered years. for 140 days biennially, occurring in odd-numbered years.

for 140 days biennially, occurring in odd-numbered years.

Texas senators serve ________-year terms and House members serve ________-year terms. two; four four; two six; four four; six

four; two

District courts in Texas usually have ________ jurisdiction, meaning that they hear a broad range of civil and criminal cases. specific mid-tier limited general

general

Which is the most important bill that applies to all people and property throughout Texas? simple resolution general bill special bill local bill

general bill

The first four steps in the process for a bill to become a law in the Texas legislature are: introduction, recitation on the floor, designation to specified committee, and initial vote. introduction, public hearing, referral to assigned committee, and mandatory conferencing. introduction, pigeonholing, conferencing, and voting. introduction, referral, consideration by standing committee, and floor action.

introduction, referral, consideration by standing committee, and floor action.

The State Bar of Texas is an unusual organization because it is the first bar association in the United States to certify lawyers in the legal specialization known as "barratry." it is a professional organization, but it also performs functions on behalf of the government, such as disciplining members for violating ethical standards and rules. it is the only agency in Texas that is responsible for enforcing codes of conduct for both lawyers and judges. it is under the control of the Texas Attorney General's Office.

it is a professional organization, but it also performs functions on behalf of the government, such as disciplining members for violating ethical standards and rules.

In Texas, the governor's State of the State address is an example of the ________ power. special session message veto impeachment

message

If sentenced by a judge to probation, you would most likely have to do which of the following? plead guilty to lesser violations of the law than you were originally charged with so that you can be released early report to the local jail during the weekends, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution have a steady job and have no contact with the police during the period of your probation have a steady job, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution

report to the local jail during the weekends, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution

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 review the abilities of lower court justices suspend habeas corpus hear all cases from across the state, regardless of reasoning

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

Which type of districts are used in the Texas House and Senate? districts that must be redistricted every four years districts based on proportional representation multiple-member districts single-member districts

single-member districts

With categorical grants, states are given money from the federal government to spend on any issues or problems within the state that the state government determines are priorities. states are given money from the federal government to solve issues and problems but must work with actors in the private sector. federal funds are used to solve issues and problems within states, but state and local governments are bypassed and excluded. states are given money from the federal government to spend on specific issues or to solve specific problems that are determined by the federal government.

states are given money from the federal government to spend on specific issues or to solve specific problems that the federal government determines.

Courts that can review matters relating to probate, which is the disposition of estates and property of deceased people, are referred to as what? district courts statutory county courts constitutional probate courts statutory probate courts

statutory probate courts

Which amendments to the U.S. Constitution are collectively known as the "Civil War Amendments"? the Eleventh, Twelfth, and Thirteenth Amendments the Fourth, Fifth, and Sixth Amendments the Thirteenth, Fourteenth, and Fifteenth Amendments the Eighteenth, Nineteenth, and Twentieth Amendments

the Thirteenth, Fourteenth, and Fifteenth Amendments

County judges in Texas preside over statutory courts. the district court for that county. the county court of appeals. the county commissioners' court.

the county commissioners' court.

It was difficult for the national government of the United States to act under the Articles of Confederation because of all the following EXCEPT, amendments to the Articles of Confederation had to be passed by a unanimous vote. the executive officer (President) was selected by direct election by the people. any defense policy needed to be approved by 9 out of 13 states. the Congress had no ability to tax.

the executive officer (President) was selected by direct election by the people.

If you travel from Texas to Kansas, your driver's license must be recognized as giving you the legal authorization to drive a car in Kansas. Which part of the U.S. Constitution makes this so? the public policy exception the elastic clause the full faith and credit clause the supremacy clause

the full faith and credit clause

When a government is described as "sovereign," it means that the government is ruled through a monarchy system of government. the government is ruled through a representative system of government. the government shares authority with others within specific areas. the government has ultimate political authority within a defined geographic area.

the government has ultimate political authority within a defined geographic area.

The U.S. Constitution created a system of government where both the federal and state governments are sovereign. This means that both the federal and state governments derive their power from the divine creator. electoral consent. the people, through their constitutions. the Constitution.

the people, through their constitutions.

Who can file a complaint with the Texas State Commission on Judicial Conduct? only elected officials only individuals who are licensed to practice law in Texas only members of the judiciary the public, attorneys, and members of the judiciary

the public, attorneys, and members of the judiciary

The most controversial issue facing police in Texas and across the United States, and the subject of many protests throughout 2020, involves entrapment. the use of force. unlawful searches and seizures. the use of plea bargains.

the use of force