GOVT-2306 Chapter 7,8,9 Exam 3 Review

In what way has Lieutenant Governor Dan Patrick most significantly differed from his predecessors in the office of lieutenant governor?

party polarization

When a person dies without a will and the property must be divided among heirs, or a will is disputed, the responsibility for settling the distribution of property belongs to which type of court?

probate

The lieutenant governor

recognizes members on the Senate floor. The Lieutenant Governor is the most powerful office in the Senate in part because this office determines who may speak on the Senate floor.

The Railroad Commission of Texas

regulates oil and gas production in Texas. Although this power is somewhat diminished from its heyday, the Railroad Commission plays an important role in Texas's energy industry.

Texas representatives receive an annual salary of (1) and a per diem of (2) when the legislature is in session.

(1) $7,200 (2) $221

The (1) members of the Texas legislature meet in regular session for (2) each odd-numbered year. In the 2021 legislative session, they successfully passed (3) of all proposed legislation.

(1) 181 (2) 140 calendar days (3) less than 20 percent

Starting in the (1) legislative session, committee chair appointment decisions became (2) partisan. Lieutenant Governor (3) ended his predecessor's practice of awarding committee chairs to Democrats in (4) proportion to their numbers in the Senate.

(1) 2015 (2) more (3) Patrick (4) equal

After a gubernatorial candidate wins their party's primary election in (1), they continue campaigning until the (2) general election.

(1) March (2) November

While some ambitious politicians may try to influence voters by saying that the state's school districts and classrooms are subject to liberal or conservative agendas, the reality is that the (1) controls the learning standards, curriculum, and textbooks that may be used by all districts and schools in the state.

(1) State Board of Education

(1) Texans are overrepresented in both the Texas House and the Texas Senate. (2) Texans are somewhat underrepresented in the Texas Senate but more proportionately represented in the Texas House. (3) Texans are deeply underrepresented in both the Texas House and the Texas Senate.

(1) White (2) Black (3) Latino

Texas governors serve (1)-year terms of office which are (2) since a change to the state constitution in 1972.

(1) four (2) unlimited

Replace the incorrect terms in the passage with the correct terms that appear in the answer choices. The Texas Constitution creates a (confederal) form of government with a (unicameral) legislature made up of official elected in (November of each year) to serve durig regular legislative sessions that last for (30 days).

1. Confederal to Republican 2. Unicameral to Bicameral 3. November of each year to November of even-numbered years 4. 30 days to 140 calendar days

How long is the regular session of the Texas legislative?

140 days, every odd-numbered year

Why are members of the Texas legislature hesitant to exercise their power to remove a member of the legislature even if that member is overwhelmingly controversial or associated with scandal?

Legislators do not want to be seen as overriding the will of the voters.

Read the excerpt from the text, and answer the question below. Drug courts have been more intensely studied than other specialty courts, and it has been found that offenders who complete a drug court's program have far lower rates of recidivism than offenders who do not complete or who do not participate in a program. In this quote, the authors refer to a reduction in the "recidivism" rate. Judging from the context of the excerpt, what is likely the greatest benefit to taxpayers of a reduction in the recidivism of drug offenders?

Lower recidivism means that taxpayers will spend less on housing and caring for people who keep returning to the jails for the same types of offenses.

Study the following infographic on the demographic characteristics of the Texas judiciary. Determine which groups are overrepresented, relative to the general Texas population, and which groups are underrepresented.

Overrepresented men White Americans Underrepresented women Black Americans Latinos

Which of the following best describes the conflict between judicial candidates competing in partisan elections and the idea that judges should be above partisan disagreement and special interests?

The necessity of raising money and seeking endorsements gives the appearance of favoritism or bias.

A constitutional law professor at the University of Texas at Austin School of Law may teach students about the law and legal practices but is not qualified to argue a case in front of a court or run for state judicial office. What is the most likely reason the law professor cannot practice law in front of the courts or run for a state judgeship?

The professor has not passed the bar exam.

Which statement best characterizes the standard of "beyond a reasonable doubt" required to convict a defendant in a criminal case?

There is no other way that anyone other than the accused could have committed the crime.

What is an important consequence of partisan elections of members of the State Board of Education?

They encourage ideological battles in creating educational policy.

The Texas Legislature was largely cut out of the COVID-19 pandemic response for which reason?

They were not in session.

Which of the following best characterizes the effect of an executive order that may be issued by the Texas governor during an emergency declaration?

it has the force of law without legislative approval

Suppose the legislature begins proceedings examining potential misconduct of the state attorney general. Which nonlegislative power is most relevant?

judicial power The Texas Constitution gives the legislature the power to impeach and convict state officials accused of misconduct.

Complete the following statement. Management and cleanup of pollution at public beaches in Galveston from the Deepwater Horizon accident in 2010 were the responsibility of the (1), while the handling and quarantine of mysterious seeds that appeared in Texas mailboxes from China in 2020 were the responsibility of the (2).

(1) land commissioner (2) agriculture commissioner

Why would a veto threat from the governor be a very effective tool in getting the Texas legislature to compromise on a bill with the executive branch?

An actual veto from the governor is nearly impossible to overcome by the legislature.

Which of the following is a source of controversy about how judges are selected in Texas?

Because most people do not contribute money to judicial campaigns and elections have become highly partisan and competitive, lawyers and other stakeholders finance the campaigns of the same judges who decide the outcomes of their cases. The conflict of interest created by the campaign finance system has been a source of controversy since the 1980s.

What is the difference between civil and criminal forfeiture in Texas?

Civil forfeiture allows police to take property from a person, even when there is no charge of a crime. Law enforcement may confiscate property without charging a person with any crime, and the owner must prove with a preponderance of evidence that their property is not involved in criminal activity. Criminal forfeiture requires that a person is charged with a crime.

Which of the following courts have the ability to hear cases involving both civil and criminal law?

Correct Answer(s) state courts of appeal state district courts Incorrect Answer(s) Texas Supreme Court Texas Court of Criminal Appeals

For which of the following may a lawyer be punished in Texas?

Correct Answer(s) - failing to keep a client informed of a legal matter - withholding funds from a legal settlement - generation of litigation Incorrect Answer(s) - failing to pass the bar exam

Based on the data presented in the infographic, which of the following statements are true?

Correct Answer(s) Less than 20 percent of the states select judges the same way Texas does. The use of a nominating commission to choose potential judicial appointments is the most popular form. Over half of the nation uses some form of gubernatorial appointment for judges. Incorrect Answer(s) More states will be switching over to nominating commissions and appointment by the governor. Partisan elections lead to less qualified judges holding office.

Which of the following share in executive authority even though they are not technically part of the executive branch in the state constitution?

Correct Answer(s) Railroad Commission State Board of Education Incorrect Answer(s) Department of Health and Human Services Speaker of the Texas House lieutenant governor

The following infographic shows which executive branch offices are elected by voters and which are appointed by the governor in six major states. Based on the information presented here, which of the following statements are accurate?

Correct Answer(s) Texas has the most elected members of the executive branch among these six states. California and Texas may often be at odds but share a similar commitment to popular control of the executive. Incorrect Answer(s) Members of the California and Texas executive branches gain office through the exact same methods. Large-population states rely more on appointed officials than on elected officials.

Which of the following are elements of the merit system of judicial selection?

Correct Answer(s) The governor appoints recommended candidates to office. A blue-ribbon commission nominates judicial candidates for appointment. Judges are subject to retention elections to keep their offices. Incorrect Answer(s) Judges are subject to partisan elections to keep their offices. Political parties nominate judicial candidates based on merit.

Analyze the infographic on the backgrounds of Texas judges, and then determine which of the following statements are accurate.

Correct Answer(s) The number of male and female judges in the appellate courts is more balanced than the number of male and female judges in Texas trial courts. The Texas judiciary better reflects the backgrounds of lawyers in Texas than the population at large. Incorrect Answer(s) As Texas becomes more diverse, the racial and ethnic composition of the state's judges reflects this change.

Which of the following statements about the plural executive are accurate?

Correct Answer(s) With one exception, members of the plural executive are independently elected. The plural executive was created as a reaction to Reconstruction. Incorrect Answer(s) The secretary of state is elected independently of the governor. Members of the plural executive must always be of the same political party.

Imagine that you are a member of the minority party in the state senate, with the opposition party controlling majorities in both chambers. You have limited abilities to stop legislation with which you disagree. As you approach the end of the legislative session, you hope to at least kill some of the worst bills. Which of the following strategies can you use to try to change or kill bills?

Correct Answer(s) chubbing filibuster Incorrect Answer(s) redistricting filing an ethics complaint

Select all of the following ways in which legislators can attempt to force negotiation on a bill by slowing down the legislative process.

Correct Answer(s) chubbing filibuster objecting to a local and consent bill Incorrect Answer(s) vetoing legislation amending legislation

Which of the following are offices of the plural executive?

Correct Answer(s) governor secretary of state attorney general comptroller of public accounts lieutenant governor commissioner of the General Land Office commissioner of agriculture Incorrect Answer(s) Speaker of the House

When running for office, Lieutenant Governor Dan Patrick relied on religious right conservatives and Tea Party-affiliated voters to win his primary election. How are his campaign promises reflected in the way he governs as the lieutenant governor?

Correct Answer(s) intense promotion of socially conservative legislation refusal to appoint Democratic committee chairs Incorrect Answer(s) support of an increase in bipartisanship cooperation with Republican House Speakers

What are two of the most significant problems facing the commissioner of the Texas Department of Insurance?

Correct Answer(s) natural disasters weak enforcement controls Incorrect Answer(s) national interference human resources

Which of the following does the line-item veto allow governors of Texas to do?

Correct Answer(s) reduce expenditures to punish agencies allows an opportunity for governors to make political statements reduce expenditures for programs that are disfavored by the governor Incorrect Answer(s) veto provisions of general bills

Which of the following examples of criminal law in Texas is accurate?

Criminal courts would deal with cases in which a person allegedly shot and killed another person in a road rage event. Because criminal courts handle cases in which the state government accuses a person of violating a law that is punishable by jail time or death penalty, murder cases would be heard in criminal court.

The land commissioner is responsible for the administration of animal quarantine laws, inspection of food, and enforcement of disease- and pest-control programs.

False

When dealing with disciplinary issues involving Texas judges, the State Commission on Judicial Conduct relies on complaints from legal interest groups.

False

After the 2010 Census, Texas received four additional seats in Congress. After legislative redistricting, three of these seats were won by Republicans and one was won by a Democrat. Using your knowledge of Texas government and the information in the chart, which statement offers an accurate observation about redistricting in Texas in 2011?

Gerrymandering created different political outcomes than the population change would have suggested

Which of the following statements about the legal process in Texas is correct?

In civil court, individuals called plaintiffs file complaints against other individuals called defendants over disputed obligations and responsibilities. Criminal courts deal with individuals' violations of law as defined by statutes and are punishments are levied on guilty verdicts; while civil courts deal with disagreements between individuals over obligations and responsibilities such as money.

What best explains why the filibuster in the Texas Senate is such a useful tool?

It creates greater pressure on the legislature to compromise because of time.

What is the role of the Sunset Advisory Commission?

It recommends whether agencies should be abolished, continued, or modified. Created in 1977, the Sunset Advisory Committee reviews the effectiveness of state agencies, and its recommendations are taken seriously by the legislature.

What is it about the Texas governor's appointment power that makes it so significant?

It results in agency administrations filled with people who think like the governor

Although Congressman Beto O'Rourke narrowly lost the U.S. Senate election in 2018, his statewide popularity had which of the following impacts?

Judicial candidates were successful in more Democratic areas of the state.

Which of the following statements accurately describes the duties of a justice of the peace in Texas?

Justices of the peace are responsible for both civil and criminal matters that involve small claims and class C misdemeanors, most of which involve traffic violations. Justices of the peace handle primarily traffic offenses along with small civil claims.

Which of the following is perhaps the greatest obstacle to getting the best-qualified individuals to run for judgeships and to stay on the bench in Texas?

Private law practice can bring much more money.

Important questions about the ability to regulate the production and transportation of oil and natural gas have been raised about which state agency because of its cozy relationship with the industry it is supposed to regulate?

Raidroad Commission

The complex structure and the severe limitations on the executive branch in Texas directly resulted from the state's experiences during which of the following?

Reconstruction

Use your knowledge of Texas government and the data in the radar graph about the demographics of the Texas population and district judges in the state to answer the question below. Which option is the most likely explanation for the differences between the demographics of the state's population and the demographics of district judges in Texas?

Republicans are more likely to win in Texas than Democrats, who are often women and candidates of color.

The successful campaign of Republican candidate Bill Clements, who become Texas's governor in 1978, signaled what about Texas politics?

Republicans were becoming more competitve statewide.

How does the Texas Supreme Court differ from the Texas Court of Criminal Appeals?

The Texas Supreme Court is the highest court to which civil appeals can go, while the Texas Court of Criminal Appeals is the highest court for criminal appeals.

Which of these is a function of the attorney general of Texas?

The Texas attorney general's office gives advisory opinions on matters of state constitutional law to other state agencies. The attorney general is the chief lawyer for the state of Texas; in addition to providing constitutional advice and other advisory opinions, the attorney general is the main official in civil cases involving state government.

What is the primary function of the Texas State Commission on Judicial Conduct?

To investigate and discipline judges for violations of the Code of Judicial Conduct The State Commission on Judicial Conduct was created to field and investigate charges of misconduct among judges, as well as to discipline those who are guilty of such a violation.

Committee chairs will pigeonhole a bill by never putting it on the committee agenda to be considered.

True

Identify all of the following that are true in criminal cases.

True in Criminal Cases Those convicted in criminal cases may face a fine, imprisonment, or both as punishment. The government is always the plaintiff. Grand juries review evidence before charges are brought. NOT True in Criminal Cases Criminal cases deal primarily with individual or property rights.

How does the plural executive differ from a cabinet form of government?

Voters elect most major statewide officeholders separately from the governor in a plural executive system. In a cabinet form of government, the governor appoints the heads of most important executive departments. Texas uses a plural executive system, with separate elections for statewide officeholders.

Another way to think about the role of a grand jury is to view them as which of the following?

a second set of eyes to review the value of evidence collected by prosecutors

If a review of a legislator's record shows that they sponsor over 400 bills during any given legislative session, it may be a sign that the legislator is engaged in what activity to help their chances for re-election?

claiming credit

The one-person, one-vote principle means

all districts should have roughly equal populations. Because each district only has one representative, districts must be of roughly equal size. If the one-person, one-vote principle was not in place, one district could have 1,000 residents, and another 100,000, but each would have only one representative.

When it comes to impeachment of a governor or other state official, the term "impeachment" is best understood to mean which of the following?

charged with wrongdoing

A major difference between the Texas House and the U.S. House is

committee chairs come from both parties in the Texas House but not the U.S. House. In the U.S. House, the party in power controls all committee chairs. In the Texas House, different norms apply. In the 2021 legislative session, for example, one-third of committee chairs were Democrats.

Match each characteristic of the Texas legislature with its best definition.

composed of two chambers or houses: bicameral a 30-day legislative session focused on governor's agenda: special session a 140-day period occurring only in odd-numbered years: regular session occurs every two years: biennial

Which of the following reforms seeks to increase representation for people of color among Texas judges?

creating small judicial districts Creating small judicial districts has been proposed by both African American and Latino groups as a way to bolster the ability of voters of color to elect judges of their choice because they will make up a greater share of the electorate in smaller districts.

Which of the following is an example of constituent service?

giving a speech at a town hall meeting Participating in a town hall meeting to help constituents, writing letters of recommendation, and assisting constituents in navigating the state bureaucracy are all examples of constituent service.

Which of the following is the power of the executive to veto specific provisions of an appropriations bill passed by the legislature?

line-item veto

Which of the following features of the Texas executive enhances the power of the governor?

line-item veto The line-item veto is a powerful tool of the Texas governor; it allows the governor to delete certain appropriations of the Texas legislature and control government spending.

When the governor vetoes specific provisions of a spending bill passed by the legislature, this is known as a(n)

line-item veto. The line-item veto empowers the governor to strike specific provisions from spending bills; it only applies to the omnibus appropriations bill and can't be used to delete words or phrases to change the meaning of laws passed by the legislature.

Match each Texas lower court to its correct jurisdiction.

local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors correct answer: justice of the peace courts jurisdiction over less serious cases than those heard by district courts Correct answer: statutory county courts at law jurisdiction limited to probate and guardian matters Correct answer: statutory probate courts

Read the excerpt, and answer the question below. Every man and every woman in this state should have greater opportunity for economic advancement. To promote that goal, we need to further diversify our economy by attracting jobs to Texas from outside the energy sector. The Enterprise Fund has been doing just that. In the past two years, the Fund has attracted more than a half a billion dollars in capital investment and added thousands of new jobs....We need a deal closing fund that has the ability to fight for [bringing employers with new jobs].If you are truly committed to adding jobs and growing our economy, you need to fully fund the Enterprise Fund.—Governor Greg Abbott, 2017 State of the State Speech In his exhortation of legislators to provide more funding for the Enterprise Fund, Governor Abbott is exercising which method of influencing the legislative process?

message power

When Governor Greg Abbott called the National Guard to the U.S.-Mexico border to help with border security and to thwart human trafficking and drug trafficking, he was relying on his

military and police powers. The Texas governor is commander in chief of the Texas National Guard and can declare martial law in the event of an emergency. When Governor Abbott sent National Guard troops to the border, he was using his military authority.

Match each characteristic to the correct type of state agency.

multimember appointed boards -In most cases, the governor selects their members. -The Senate confirms their members. -These are used to promote the ideological agenda of the governor. multimember elected boards -Voters select their members. -These include the Railroad Commission of Texas and the State Board of Education. -A separate voter base allows them to pursue different policy priorities.

Governor Greg Abbott faced which of the following detrimental repercussions in response to his Covid-19 mandates?

negative public opinion

How often does the Texas legislature meet in regular session?

once every two years for 140 days The Texas legislature is part time and is only scheduled to meet every other year. This is known as the biennial. The legislature can meet in addition to this if the governor calls for a special session.

The governor of Texas can use the veto in various ways to reject acts by the legislature, and different types of vetoes have specific features. Label each description with the type of veto that it best and most closely describes.

rejection of legislation that can be overridden by a two-thirds vote of the legislature: veto used on select portions of omnibus spending bills: line-item veto cannot be overridden by the legislature: post-adjournment veto

Who is the chief record keeper and election official for the state of Texas?

secretary of state

Which type of resolution in the legislature can only pass in one chamber?

simple resolutions Simple resolutions are used to adopt rules, to request opinions from the attorney general, to appoint employees to office in the House or Senate, or to honor outstanding achievements by Texas residents. They only need to pass in one chamber.

Which of the following is the best way to understand the way Lieutenant Governor Dan Patrick has run the Texas Senate since his election in 2015?

strict partisanship

Despite the fact that the Texas governor is one of the structurally weakest governorships in the nation, how have both Governor Rick Perry and Greg Abbott achieved significant power in the state?

tenure in office

Which of the following is responsible for drawing districts in the legislature if they fail to do so at the first regular session of a new decade?

the Legislative Redistricting Board The legislature is responsible for drawing districts, but if they fail to do so, the Legislative Redistricting Board steps in. This board consists of five members, all of whom hold elective office: the lieutenant governor, the Speaker of the House, the attorney general, the commissioner of the General Land Office, and the comptroller of public accounts.

When a bill is introduced in the state Senate, who refers the bill to committee?

the lieutenant governor The role of lieutenant governor is very powerful because of this power of assignment.

After numerous medical malpractice suits resulted in huge financial awards for patients suing doctors, the Texas legislature passed legislation that limited the amount of money a physician or hospital can be required to pay to no more than $250,000 per lawsuit. How did proponents of this change describe this new limit on awards?

tort reform