huge 3

Trial Court

"fact-finding" court (evidence) first court to hear the case can have jury or bench trial (defendant) civil or criminal renders judgements (bench) or verdict (jury) -can include damages, sanctions, punishments, etc

Amicus Curiae Briefs

"friend of the court" documents filed by interested parties to encourage the court to grant or deny certiorari or to urge it to decide a case in a particular way

What is the amount of the Texas governors salary?

$150,000

In 2012-13, the All Funds budget for the state of Texas was

$173.484 billion.

Brandenburg v. Ohio

(1969) Speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action; direct incitement test

Lemon v. Kurtzman

(1971) Concerns aid to sectarian schools; Lemon test created to interpret the establishment clause.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Lawrence v. Texas

(2003) State law may not ban sexual relations between same-sex partners

make sure you are familiar with the court structure and jurisdictions of each court.

(Page 250)

Federal Judge Selection

*All federal judges- district, circuit, and supreme- are selected in the same way -appointed by the president -confirmed by the senate *All federal judges shall "hold their offices during good behavior"

Case Selection

*Are there any times the Supreme Court has mandatory jurisdiction? -when two states are fighting, anything with original jurisdiction (SC hears 2-3 cases per year) in which case they act as trial court (ex. Water), but the SC never does criminal cases. *What happens if the Supreme Court decline to hear a case? -the lower court/ the LAST court that heard the case's rule stays, the ruling is the precedent for the last jurisdiction but not for the whole district

Background Characteristics, Party ID, and Judges' Decisions

*Background Characteristics: -religious beliefs -experience w/ crime or justice -experience as prosecutor/defense attorney -beliefs about punishment vs rehabilitation *Research has found: -democrats typically favor the under-privileged party, while republicans favor the business (gov) interests -both democrats and republicans become more punitive closer to re-election

Appellate Court Basics

*Briefs submitted by both parties summarizing their arguments -why the lower courts decision should or shouldn't stand, based on different applications/interpretations of law -interest groups can also submit briefs (amicus curiae) *Both parties present an oral argument to the judges on panel -judges may question the attorneys making the arguments however/whenever they'd like -no witnesses *the judge panel renders an opinion (usually written, but depends on the level of the court) -written vs oral

Gender, Race, and Decision Making

*Courts Of Appeals (group of 3)

Legal Diffusion in Federal Diffusion

*Courts only "have" to follow the decisions of courts directly above them in the judicial hierarchy. -they may follow decisions of courts at same level or higher if they choose

Impact of Court Decisions

*Do court decisions affect your life on a regular basis? *What supreme court decisions would have a great impact? -federal government has the right to regulate commerce between states -ACA decision: parents' insurance -free speech -Roe v Wade and Griswald v Connecticut -Brown v Board of Education -Marbury v Madison

Scholarship Says

*Female judges in general decided in favor of the plaintiff significantly more frequently than did male judges *In sexual harrassment and sex discrimination cases, the presence of a female judge on a courts of appeals panel made it twice as likely that the male judges on the panel would rule in favor of the plaintiff -deliberation, deference, logrolling, moderation

Implementation and Impact

*Impact of appellate court decisions depends at least in part on whether the decision is implemented -by lower courts (federal or state judiciary) -->retention -by a co-ordinate branch of the government -which is less likely to implement SC decisions? -co-ordinate branches know SC can't enforce; are their own boss; legislative veto -lower courts don't want their decisions overturned

Federal Judge Decision-Making: Presidential Appointees

*In addition to ideology, what else could reasonably be used as a criteria for selection? -hometown -spouses -personality (want dominance; persuasive abilitites, outspokeneness- good or bad, lightening rod, well-liked) *role-orientation: what is your role conceptualization of what a judge should be? *Are judges "political" -natural to see political affiliation -constitutional interpretation (original vs living)

Impeachment

*Is it politically motivated? -historically, impeachment was due to disagreement -does it limit a judge's independence? -is it an effective check on judges? -MN constitution: corrupt conduct in office or for crime and misdemeanors may be impeachable

Psychology and Trial Judge Decision-Making

*Judges are equally as likely as lay-persons to be unable to disregard inadmissable evidence when coming to a conclusion *race of the defendant still affects lengths of sentences given by judges *legal training does not appear to mitigate the effect of policy preferences in finding and evaluating the relevancy of case precedent

Judging Judges

*Kozinski argues: 1) removing judges from office be of how they voted, as opposed to qualifications or integrity, is cause for alarm -US: only high crimes and misdemeanors -Are there enough checks on judges who demonstrate 'bad behavior' 2)The politicization of federal judge appointments is also alarming -both 1 and 2 limit judicial independence -how do we balance judicial independence with judicial accountability?

Implementation by Executive

*Often, decision about implementary USSC decisions is dependent upon public opinion (court, decision, and precedent) *checks on federal judiciary -proposing court-curbing legislation to Congress -use discretion in enforcement (obama, immigration, executive order) -what does it mean to 'take care that the laws be faithfully executed" --> how much discretion? -appointment of judges

Trial Court Judges

*Qualities sought in a judge: -neutral and impartial -calm and detached -non-contentious; not actively inserting themselves (certain instances may be appropriate) -"umpire" of the rules -legal background/training/experience -confidence/demand for resepct -well-balanced/healthy -humanity/empathy (?) where should this come from? -what is most important? umpire of rules=most consistent

Active Involvement of Trial Court Judges

*Ruling on pre-trial motions (standing, jurisdiction, justiciability, evidence, bail, change of venue, etc) -affect the ultimate outcome *Ruling on acceptability of plea bargains *Ruling on challenges during voir dire *Ruling on attorneys' 'objections' or motions at varying points throughout the trial *jury instructions (if jury trial) *judge renders judgement or verdict (if bench)

Jurisdiction

*State judges hear cases involving -their state's constitutions and laws -their legislatures and governor's actions *If citizen of MN has been convicted of a crime in MN and argues that their conviction violates both MN and federal constitution, who hears? MN starts *Legal diffusion: state can look at other states to see how they are determining their laws and adapt those strategies

Implementation by Lower Courts

*Strategies to not implement the decision? -what precedent is controlling? relevant? distinguish that the case is different than the precedent. -ignore it until crackdown (least used strategy) -avoidance: kick the case for other reasons (no justiciability). make your own decision on a different ruling. -defiance, avoidance, narrow interpretation -implementation and discretion -->ambiguiety -implementation and clarity -vague vs. clear (judge has more ability to exercise dicretion if decision is vague) -'clear line' decisions are exclusionary and explicit. less flexible. harder to stay relevan

Retirement of Federal Judges

*Upon retirement using the "Rule of 80." Federal judges continue to receive the same salary they did while serving -does this incentivize retiring? -additional: upon retiring, you can earn income through other means (can't while serving) *Additionally, retired federal judges can take 'senior status' and serve on a part-time basis

Bargaining in the Judiciary

*What is 'bargaining' in context? -judges bargaining with each other about case outcome -bargaining/outcome *Bargaining Chips? -opinions/vote -'nasty' dissent *Is bargaining legitimate in court? -experts who need consensus -slowing down process

Implementation by congress

*ability to thwart a USSC decision depends on whether the decision is based on constitutional or statutory interpretation -constitutional is harder to change -statutory, congress just has to 'clarify' *checks on federal judiciary: -appellate jurisdiction -# of judges -pay rises -confirmation -impeachment

Decision-Making on Appellate Courts: Complications

*lower appellate courts have mandatory dockets -supreme courts (mostly) have discretionary dockets *collegiality and personality conflicts *respect for expertise and/or intellect *persuasion/compromise/ego (oral argument or opinion writing) *workload

State Judges Qualifications and Background

*varies based on type of judge -justice of peace and magistrate generally don't even need law degree -33% of state court of last resort justices were prosecutors *Similar to federal judiciary, women and minorities are under-represented -as of 2011, in only 2 states did women constitute at least 40% of the judges in the state (VT, NY) -in 4 states, less than 10% of judgeships are held by women -by far, Hawaii has the 'minority' judges; next come NY, TX, Maryland -maybe we should be considering the percentage of women who are eligible (law degree=34%) *Problematic? -"of the people" needs to be reflective -bias against women being incompetent -illegitimacy--> distrust

Which of the following are county courts?

-Constitutional county courts -County courts at law

In what ways do courts differ from governors and legislatures in the way that they make decision?

-Courts must maintain a passive role. -Courts must enforce rules that restrict access to the courts. -Courts must confine their decisions to the specifics of the case before them.

Which of the following are factors that contribute to the large number of death sentences in Texas?

-Death penalty standards are easily met -The reluctance of appellate courts to overturn death sentences

For petit juries, how do jurisdictions collect names for jury selection?

-From voter registration lists -From lists of licensed drivers

Which of the following would be true if all criminal cases were subject to jury trials?

-It would result in increased costs. -More court officers would be needed.

In addition to appointment by governor, which of the following are possible alternatives to Texas's partisan judicial election system that are in use in other states?

-Merit plan -Nonpartisan elections

Which of the following statements about grand juries in Texas are true?

-Most grand jury members follow the advice of the prosecuting attorney. -Jurors' names can be supplied to the judge by a grand jury commissioner. -The district judge summons potential jurors and selects 12 citizens to serve as grand jurors.

Decision-Making on Appellate Courts: Decisions

-Simple majority required is it odd that juries must be unanimous but not appellate judges -the outcome of the decision less important than the reasoning/ rationale for the outcome -reasoning /rationale is what's applied in the future cases -what precedent is cited?

Identify all of the following courts of last resort in Texas.

-Texas Court of Criminal Appeals -Texas Supreme Court

Lower Federal Courts

-There is nothing Supreme Court can do to sanction lower courts for not following rulings -loopholes vs. blatantly ignoring *15-20% of the time *why might a lower court judge ignore Supreme Court? -against public opinion -needs review -dissenting ideology -called 'shirking' ignoring your duty *why might a lower court follow supreme court? -agreeance -duty -popular opinion -respect -fear of reversal

Which steps in a case involving serious criminal charges can occur at the municipal level?

-bail is set -told their rights

Which of the following are elements of a fair criminal trail?

-fairly obtained evidence -impartial juries

Unofficial Requirements to become a Supreme Court Justice

-go to Harvard or Yale law school (or Stanford or Colombia), while attending be sure to make a name for yourself, but do not join any clubs or write anything exterme -clerk at all listed court levels: the US district court level, the court of appeals, then at SC level. -work for a prestigious law firm (again, make a name for yourself) -teach at law school -be appointed to federal district court -be appointed to courts of appeals (DC circuit) -hope you are the right age, gender and race, and that the sitting president is alligned with your political affililation and that there is a vacancy

What method do Texas courts use to screen criminal cases?

-grand juries -administrative hearings

Nature of Case

-jurisdiction -constitution vs statutory -justiciability -precedence (similar) -standing -norm enforcement (consensus) -legal question (s)

Which of the following may Texas district court judges remove?

-justices of the peace -county judges

Appellate Court Judges and Decision-Making

-may not even have 'parties' present -trial=independent -appellate=together

What system of electing judges involves appointment by the governor and a periodic retention election?

-merit -Missouri system

In Texas, which of the following courts are trial de novo courts?

-municipal courts -JP courts

Under a merit system of electing judges, judges

-must stand for a periodic retention election. -are initially appointed by the governor.

Presidential Selection of Lower Court Judges

-partisanship -age -race and gender -senatorial courtesy: tradition that a senator from the state in which a federal vacancy has arisen should have some say in the nominee

Presidential Selection of Supreme Court Judges

-partisanship -age -race and gender (religion) -the senate support for president and for the nominee (Robert Bork) -lower court experience

Unlike justices of the peace, Texas's municipal courts cannot

-perform marriages. -serve as small claims courts.

Extraneous Influences

-president -congress -war/peace -public opinion -current events -interest groups

Which of the following can be heard in a Justice of Peace court in Texas?

-requests for search-and-arrest warrants -criminal misdemeanor cases -cases involving traffic tickets

Nature of Decision-Making

-similarities between cases -small group decision-making (bargaining, persuasion, and threats of sanctions) -type of judge -majority rule -cases brought to judges -specific questions raised -individual opinions

Values and Orientations

-socio-economic status -preferred method of interpretation (constitution) -political party -localism -role conceptualization (restraint/activism)

Other Variations of Selecting State Judges

-term limits (more @ appellate level than trial) -length of term(s) -mandatory retirement 65-75 (not at federal level) -retention elections *varies by state

In what instances can the Texas governor fill a seat for district or appellate court?

-vacancy because of death -a new position created by the legislature -vacancy because of resignation

Compensating State Judges

-varies what level you're at -chief justices get a boost

Decision-Making on Appellate Courts: Oral Arguments

-what is the legal or constitutional question? ex. does exclusionary rule apply? -presenation of both sides? -why should it apply? -judges can question both sides

Racial Segregation

...

The Texas Constitution specifies that state payments for assistance to needy children and their caretakers shall not exceed___ percent of the states' budget in any biennium

1

The Welfare Spending Limit in Article III, Section 51a, of the Texas constitution provides that the amount of money the state pays to, or on behalf of, needy dependent children and their caretakers not exceed ____ percent of the state budget in any biennium.

1

Goals of Courts of Appeals Judges

1)promote policies consistent with their policy preferences 2)reach decisions that are legally sound 3)maintain coherence and consistently in federal law 4)limit time spent deciding any one case

There are currently more than ____________ independent school district across the state of Texas.

1,000

What is the Lemon Test?

1-purpose of the aid must be clearly secular. 2- its primary effect must neither advance nor prohibit religion. 3- must avoid excessive entanglement of government with religion

Order the following actions in the correct sequence to remove a governor from office

1. The lower house introduces the articles of impeachment 2. the senate holds a trial 3. the governor is convicted 4. the governor is removed from office

What does the Texas prison system look like today? Who oversees it?

111 state prisons About 150,000 prisoners cost about 50 bucks per inmate per day It is run by a 9 member board that is appointed by the governor and they serve 6 year staggered terms.

What Civil War amendment outlawed slavery?

13th amendment

what amendment ended slavery and involuntary servitude.

13th amendment

Which amendments deal with Civil Right issues?

13th, 14th, and 15th amendment

How many intermediate appellate courts are there in Texas

14

How many intermediate appellate courts are there in Texas?

14

How many appellate courts are there?

14 appeal courts,

__ court of appeals in tx, with ___justices serving those courts

14, 80

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

how many in house and how many in senate

150 in house, 31 in senate

As it relates to the justice system, the state of Texas considers an individual a juvenile until he or she reaches the age of

17

What percentage of Texas prison inmates has been convicted of drug offenses alone?

17 percent

Texas became an independent republic in ______ and became part of the United States in ______.

1836; 1845

The Permanent School Fund was created in

1854

The first women to serve as governors were elected in the

1920s

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Gideon v. Wainwright

1963 ruling that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

New York Times v. Sullivan

1964 SuCo: Individuals must prove that statements were "actual malice" and reckless disregard for the truth to win a libel suit.

Furman v. Georgia

1972 (due process case) used 8th amendment to state that the death penalty cannot be used arbitrarily or inconsistently.

Miller v. California

1973 ruling that determined the obscenity clause to related to works that lack literary, artistic, political or scientific value. (LAPS test)

Engle v. Vitale

1st Amendment (Establishment Clause), 1962 case in which the court rule that school prayer was unconstitutional

Which of these Constitutional amendments deals with free exercise of religion?

1st amendment

Because Texas uses a partisan election system to select judges, a candidate for either the Democratic or Republican party must win _______ elections to reach the bench

2

How many 'top courts'/'courts of last resort' does Texas have?

2

How many kinds of county courts are there in Texas

2

How many kinds of county courts are there in Texas?

2

Of those elected governor in Texas since 1949, how many had not held political office

2

The commissioner for health and human services is appointed by the governor for a _______ term

2 year

The state legislature can override a line item veto by ______ vote in each house

2/3

How many counties are there in the state of Texas?

254

Federal funds are the ____ largest source of revenue for Texas

2nd / second

what gives people the right to bear arms (weapons) and to use them in an organized militia.

2nd amendment

Appeals at the level of the court of appeals are typically heard by panels of how many justices?

3

How many levels of courts do most state court systems have?

3

Nationwide ______ African Americans have been elected as governor

3

appeals at the level of court of appeals are typically heard by panels of ___ justices

3

What does the federal court system look like? How many levels does it have?

3 levels

What does the Texas court system look like? How many levels does it have?

3 levels; Texas Supreme Court/Court of Criminal Appeals, Courts of Appeal, Local/County/State Trial Courts

what are the requirements necessary to be judge of texas supreme court

35, citizen of us, resident of texas, practicing attorney or judge for atleast ten year

How many U.S. states have judges stand for some type (any type) of election?

39 states

what 2 amendments makes it illegal in most cases for the government to search a home without good reason.

3rd and 4th amendment

Selecting State Judges

4 Primary Methods: 1) Partisan Election (campaigns, voting) 2) Non-Partisan Election (same thing, but no party label- certain endorsements not allowed) -some states have partisan primary and non-partisan election 3)Gubernatorial Appointment 4)Missouri Plan (aka Merit Selection) -committee sends list to governor, he chooses from list -suppoed to be merit based and non-partisan

Which amendment deals with searches and seizures?

4th amendment

What Constitutional rights do criminal suspects have during the evidence collecting and arrest stages of a criminal investigation?

4th and 5th amendment They have the right to remain silent and. Officers must have a search warrant before search/ arrest is made.

What amendments deal with the rights of the criminally accused (with due process of law)?

4th, 5th, 6th and 8th amendments

How many separate state jurisdictions exist side by side with the federal courts

50

How many separate state jurisdictions exist side by side with the federal courts?

50

How much of their sentence do offenders usually serve before getting parole?

50-60%

Which amendment prohibits double jeopardy

5th amendment

what amendment prevents the federal government from depriving anyone of life, liberty, or property unless the rules of due process are followed.

5th amendment

what protects people against being tried twice for the same crime, which is also known as double jeopardy .

5th amendment

what states that a person accused of a serious federal crime must go before a grand jury in federal district court.

5th amendment

which amendment protect the right of a criminally accused person to remain silent?

5th amendment

One major revenue source for Texas is the sales tax, which is

6.25 percent for state government and 2 percent for local government.

Texas Medicaid Recipients by Age and Ethnicity

65+ 6% 21-64 17% 15-20 12% 6-14 30% 0-5 35% Hispanic- 54% African - 18% Caucasian- 23%

Which amendment deals with trial by an impartial jury?

6th amendment

what states that defendants are entitled to a speedy and public trial.

6th amendment

which amendment protects the right of a criminally accused person to have a jury of his/her peers

6th amendment

The ___ Amendment requires that a criminally accused person have "Assistance of Counsel for his defense," and the Court emphasized this right in the case of _____

6th; Gideon v. Wainwright

Approximately what percentage of the population of Texas lives in urban areas

80

what forbids cruel and unusual punishment

8th amendment

How many judges (justices) does the U.S. Supreme Court have?

9

How many judges are there on each of Texas' two highest courts?

9 judges

Flood control is managed through special districts because a. flooding is seldom contained in a single city or county. b. the Texas Constitution forbids both cities and the state from spending money on flood prevention. c. the Galveston hurricane of 1900 revealed the inefficiency and slowness of state government in responding to local disasters. d. most cities do not have the infrastructure to handle large flooding. e. most waterways in Texas are managed by special districts.

A

How has the crime rate changed since 1990? A. It has been decreasing B. It has been increasing C. It increased until 2000 and begins to fall D. It decreasing until 2000 and began to increase

A

Special districts in Texas are a. democratic in theory, but often not in practice. b. created and administered by county clerks. c. the best example of participatory democracy in Texas. d. a less common form of government than fifty years ago. e. among the most studied areas of Texas politics.

A

The chief financial officer for a city is called the a. city controller. b. sheriff. c. mayor. d. city manager. e. city auditor.

A

The job of serving legal papers at the precinct level of a county goes to the ______. a. constable b. sheriff c. assistant district attorney d. district judge e. county auditor

A

Under Texas law, which of the following crimes could not be charged as capital murder? A. A woman is accused of running over and killing her husband after she discovers that he is having an affair B. A man is accused of killing a store clerk during a botched robbery attempt C. A man is accused of suffocating his girlfriend's infant child D. An escaped prison inmate is accused of running over and killing a pedestrian while fleeing from authorities

A

What is a key problem with counties in Texas? a. Many of them are too small and underpopulated to function well. b. County laws were made in the nineteenth century, making them too old-fashioned. c. They have not been given adequate lawmaking powers by the legislature. d. Too often the county seats cannot be reached in a day's drive. e. Many of them are far too powerful, making city governments seem less important.

A

What is the main difference between a special district and a county? a. A special district provides only one specific service within a geographic region. b. A county is formed in terms of population density, while a special district is created geographically. c. Special districts are controlled by incorporated cities, unlike county government. d. Special districts are created by municipalities, while counties are created by the state. e. There are no major differences.

A

What is the purpose of booking? A. To document a person's arrest B. To ensure that an accused person returns for later proceedings C. To monitor a criminal defendant who has been granted probation D. To provide compensation to a crime victim

A

What was the effect of Dallas's shifting from an at-large to a single-member district system in 1991? a. The change was responsible for the election of a significant number of African American and Hispanic council members. b. The city lost its status as a home-rule city for five years. c. At-large districts benefited the local Republican Party. d. It was challenged in court but found to be constitutional by the Texas supreme court. e. Fewer minorities were elected to citywide offices.

A

Which state has the largest prison system? A. Texas B. California C. Florida D. New York

A

Which statement regarding the Affordable Care Act is true? a. Congress was sharply split along party lines. b. It was passed with the vote of large majorities of both parties. c. It was vetoed by the president because it included a tax increase. d. It was later overturned by the U.S. Supreme Court. e. It immediately reduced the cost of health care for all Americans.

A

Why does the use of parole and probation go up during times when the state budget is tight? A. Parole and probation cost less than prison confinement B. The unemployment rate is high C. More people commit crimes during hard budgetary times D. Public opinion supports getting tough on crime

A

what is the difference between a felony and a misdemeanor?

A felony is a more serious crime and a misdemeanor is a less serious crim

____________ is chartered for localities with a population of less than 5,000.

A general-law city

Civil disobedience

A nonviolent, public refusal to obey allegedly unjust laws.

What action forced the legislature to bring the 2012-2013 state budget into balance?

A special session of the Texas legislature voted for a balanced budget

Equal Protection of the Law

A standard of equal treatment that must be observed by the government

What is the most important type of case that the Texas Supreme court handles?

A tort law case (268-269

Distribution of Medicaid Spending by Service in Texas

Acute care - 19.2 billion 70.5% Long Term care - 6.3 billion 23.3% Disproportionate share hospital payment - 1.7 billion 6.2%

Why is it difficult for voters to learn about judicial candidates in Texas?

Are called upon to vote for too many different judicial races in a single election. (262) Overwhelmed with Judicial Elections

What does the U.S. Constitution say about the structure of the federal (national) courts?

Article 3, section 1; have one supreme court

Federal matching funds are

Awarded to states that agree to fund a federal program on behalf of their own citizens

A grand jury is most closely associated with which of the following actions? A. Arraignment B. Indictment C. Bail D. Plea bargain

B

Commissioner forms of government were at their height of popularity a. in 1882, at the height of the Grange movement. b. in 1918, during the Progressive era. c. in 1936, during the New Deal. d. in 1978, as a result of the economic recession.

B

Dropout rates in Texas are a. about the same for all demographic groups. b. highest among minorities. c. highest among the Asian student population. d. lowest among minorities. e. highest among white females.

B

How does the juvenile crime rate compare with the overall crime rate? A. The juvenile crime rate has been increasing much faster than the overall crime rate B. The juvenile crime rate has ben falling much faster than the overall crime rate C. The juvenile crime rate has been increasing at the same rate as the overall crime rate D. The juvenile crime rate has been falling at the same rate as the overall crime rate

B

The percentage of Texans living in poverty is approximately a. 5 percent. b. 15 percent. c. 30 percent. d. 50 percent. e. 75 percent.

B

Underlying water policy in Texas is a. federal law mandating all aspects of water use in Texas. b. a complicated system of private property rights. c. the fact that Texas has no major rivers, lakes, or aquifers. d. fear that Texas is in a permanent state of drought. e. fierce competition with Mexico over water rights.

B

What is an at-large election? a. an election for offices that receive no official salary b. an election in which voters elect officials from the entire geographical area, rather than from a smaller district within the area c. an election held under the commission system of city government d. an election in which one or more candidates are under criminal indictment e. an election in which anyone can vote, even those not previously registered

B

Which of the following groups would be most interested in DWI laws? A. Public employee groups representing correctional employees B. MADD C. Public employee groups representing police officers D. A victim rights organization

B

Which of the following offenders would be the most likely to be held in a county jail? A. A death row inmate awaiting execution B. An inmate convicted of a misdemeanor offense serving a three-month sentence C. An inmate convicted of a felony offense serving a 30-year sentence D. None of the above is likely to be held in a county jail

B

Which of the following statements is not true of people arrested for crimes? A. Most of them are men B. Most of them are middle aged C. Most of them are poorly educated D. At least for violent crimes, most of them know their victims

B

What was the ruling of the Fifth Circuit federal court of appeals in 1993 in the case of League of United Latin American Citizens v. Mattox?

Blocked trial court order which agreed with the minority plaintiffs (265) Party affiliation of minority candidates

Which of the following is not a similarity between the U.S. Constitution and the Texas Constitution?

Both constitutions have been amended several hundred times.

Which of the following cases dealt with school desegregation?

Brown v. Board of Education

The 1954 case in which the Supreme Court struck down segregated public schools as unconstitutional was

Brown v. The Board of Education

What is an example of an ex officio board or commission?

Budget executive committee, bond review board, and legislative redistricting board

In legal challenge to the Affordable Care Act, the Supreme Court ruled that a. it is unconstitutional to force people to buy health insurance. b. the tax penalizing people who failed to purchase medical insurance was unconstitutional. c. the tax penalizing people who failed to purchase medical insurance was constitutional. d. the legislation in its entirety was unconstitutional. e. the commerce clause gives Congress unlimited power to regulate as long as it is for the general welfare.

C

The case of Furman v. Georgia dealt with which of the following issues? A. Prison overcrowding B. Confinement of sexual assault offenders after the expiration of their prison terms C. Capital punishment D. Right to legal representation for indigent defendants

C

The case of Ruiz v. Estelle dealt with which of the following issues? A. Capital punishment B. Double jeopardy C. Prison conditions in Texas D. Confinement of convicted sex offenders who have completed their prison sentences

C

The clearance rate is lowest for which of the following crimes? A. Murder B. Aggravated assault C. Larceny D. Robbery

C

Which of the following countries has the largest prison system? A. Germany B. China C. United States D. United Kingdom

C

Which of the following types of crime occurs leaser frequently? A. Burglary B. Larceny C. Murder D. Aggravate Assault

C

Which offenders are not eligible for parole?

Capital felony - capital murder etc

What are the different classifications (degrees) of felonies? Which carry harsher penalties?

Capital felony - murder of a police officer; murder f a child; serial murder (life without parole or death) First degree felony - theft over 200,000; Murder; aggravated sexual assault (5-99 years) Second degree felony - theft over 100,000; Burglary of a home, sexual assault (2-20 years) Third degree felony - involuntary manslaughter; kidnapping; escape (2-10 years) State jaily felony - theft over 1,500; auto theft forgery (180 days to 2 years)

Distribution of Medical Payments by Enrollment Group in Texas

Children- 36% Aged- 18% Adults- 8% Disabled- 38%

What are the intermediate courts of appeal in the federal system called?

Circuit courts

1) What are the two conflicting views about the appropriate roles of courts in a democracy?

Citizens think the court system should be above politics and Americans also want courts to be responsible to the electorate

Dual citizenship

Citizenship in more than one nation.

What types of cases does the Texas Supreme Court hear?

Civil appeals

Non-violent breaking of unjust laws is called

Civil disobedience

What are the different classifications (classes) of misdemeanors? Which carry harsher penalties?

Class A misdemeanor - assault with injury; resisting arrest Class B misdemeanor - theft over 500; prostitution; 1st offense DWI Class C misdemeanor - theft under 50; most traffic violations; public intoxication; simple assault

When there is disagreement on the two versions of the bill, the bill goes to ___ to work out the differences

Conference committee

Under the 1836 Republic of Texas Constitution:

Congress was bicameral.

In what town did the fire that is discussed in this video occur?

Corsicana texas

What are the two "high courts" or "courts of last resort" in Texas? What is the difference between them?

Court of criminal appeals and the texas supreme court Texas supreme court handles the civil cases and the court of criminal appeals handles the criminal matters.

Bowers v. Hardwick

Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy.

In what ways do courts differ from governors and legislatures in the way that they make decision

Courts must maintain a passive role, courts must restrict access to the courts, and courts must confine their decisions to the specifics of the case in front of them

A police officer informs a suspect of his constitutional rights. This action is known as which of the following? A. Booking B. Arraignment C. Plea bargain D. Miranda warning

D

How are most criminal cases resolved in Texas district courts? A. The defendant is acquitted after a trial B. The defendant is convicted after a trial C. The charges are dismissed D. The defendant pleads guilty

D

Responding to the Supreme Court decision on national health care legislation of 2010, Governor Perry announced that a. Texas agreed with the Supreme Court's decision. b. Texas would increase funding for Medicaid by borrowing substantial sums of money on Wall Street. c. the Texas legislature would happily increase taxes to fund the expanded Medicaid program. d. Texas might not participate in the expanded Medicaid program. e. President Obama should be impeached.

D

The TYC deals with which of the following? A. Criminal defendants convicted of minor offenses B. Supervising defendants granted probation C. Supervising prisoners released on parole D. Holding juvenile offenders in custody

D

The primary purpose of TANF was to a. reduce the number of children in poverty. b. reduce illegitimacy rates among all affected groups. c. provide large benefits across the board to lift welfare recipients out of poverty. d. make families self-sufficient by ending the cycle of dependency on government benefits. e. coerce the states to be held more accountable for the distribution of the block-grant funding from the federal government.

D

The term recidivism refers to which of the following? A. Exoneration and release of a death row inmate B. A convicted defendant paying back the victim of his or her crime C. The return of a fleeing criminal from one state to another D. The tendency of offenders released from prison to commit additional crimes and be returned behind bars

D

Which of the following cities currently has a city government with a strong mayor-council form of government? a. Dallas b. San Antonio c. Austin d. Houston e. Galveston

D

Which of the following statements about counties in Texas is incorrect? a. Counties are an administrative arm of the state government. b. There are over 250 counties in Texas. c. Each county has four county commissioners. d. All counties have approximately the same number of people. e. The Texas constitution places many restrictions on the power of county government.

D

Which of the following statements is not true of people arrested for crimes? A. Renters are more likely to be crime victims than homeowners B. Men and more likely to be crime victims than women C. Low-income people are more likely to be crime victims than middle- and upper-income people D. All of the above

D

Texas Constitution sets specific spending limits on some services - Welfare Spending Limit Article III, Section 51a • Texas will not spend more than 1% on poor children and their caretakers. • Non-dedicated spending cannot grow faster than estimated growth of the state's economy. • 1997 Amendment to Article III - No more than 5% state budget spent on debt

Developing a state budget falls to the Legislative Budget Board (LBB) - Lt. Governor, Speaker of the House, chairs of House Appropriations and Ways and Means, Senate Finance and State Affairs committees, and two additional members from both the House and Senate

Reverse discrimination

Discrimination against individuals who are not members of a minority group

The main trial courts in Texas are called____?

District courts

What are the trial courts in the federal system called?

District trial courts

the 4th, 5th, 6th, and 8th amendments explain what rights?

Due process rights

A home-rule charter a. grants a city a small amount of autonomy. b. allows cities to levy unlimited amounts of property taxes. c. makes it harder for a city to borrow money than for general-law cities. d. makes it so that a city does not have to be consistent with the state constitution.' e. specifies the number of members serving on the city's governing body.

E

The official name of the Rainy Day Fund in Texas is actually the

Economic Stabilization Fund.

Actual Malice

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.

Which of the following cases dealt with prayer in public schools?

Engle v. Vitale

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution; reproductive rights

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

A majority of states do not have any courts of appeal

False

State courts are established (created) in the U.S. consitution?

False

The Supreme Court's power of judicial review was granted in the U.S. Constitution.

False

true or false? The police must always have a warrant before they can perform a search or arrest

False

The main purpose of the Permanent School Fund is to

Fund primary and secondary schools in the state

The _____ is a nondedicated revenue account and is Texas's primary operating fund, where most state taxes and fees flow.

General Revenue Funds budget

The budget composed of funds for dedicated revenues that target money at specific purposes is the

General Revenues Fund budget.

Which office is responsible for advising the Texas governor on fiscal matters?

Governor's Office of Budget, Planning, and Policy

Which of the following best describes governors roles with respect to their political party in Texas?

Governors can influence the choice of a party leadership, but do not control the party

In 1936, Texas amended the state constitution so that the governor can only grant clemency on the recommendation of the Texas Board of Pardons and Paroles. Why was this limitation on gubernatorial power created?

Governors had tended to abuse the power of clemency, and there were fears of widespread corruption with respect to clemency granted by the governor.

Which of the following cases dealt with the death penalty?

Gregg v. Georgia

What are the 5 major functional areas of state governments

Highways, hospitals, higher education, public welfare, and corrections

In 2002, the police department of which city had its crime laboratory closed due to serious problems with its policies, procedures, and quality of work?

Houston

Which article of the U.S constitution established the Supreme Court and gave the congress the authority to create other lower federal courts

III

Which article of the U.S. Constitution established the Supreme Court and gave the Congress the authority to create other lower federal courts?

III

According to a recent increase in campaign contribution limitation, in what situation must a judge recuse himself/herself from a case?

If a judge receives campaign contributions from a party to a lawsuit, or if the party's lawyer had made contributions in excess of the limits in the Judicial Campaign Fairness Act, the judge would recuse from the case (268)

Which of the following describes a significant difference between the structure of the Texas executive department and the structure of the U.S. executive branch?

In Texas, the executive department is made up of several elected offices, instead of just one.

• Revenue Sources - Taxes Revenue in Texas • Sales and Property (NOT income or corporate) • Oil and natural gas production taxes • Tobacco, Alcohol, Auto, Hotel, Other taxes - Federal Matching Fund Grants - Fees and Investment Earnings • Taxes were 41.2% of state revenue in 2011 - Sales tax is by far the largest source

Income Tax Debate • Some state taxes are regressive - Regressive: poor taxed at higher rate than wealthy • Sales and use taxes are regressive -Flat taxes are generally categorized as regressive • State income tax has been discussed - Mostly media, policy organizations - Elected officials both parties not interested • Might be pragmatic idea, but few want to pay new taxes, no matter how it is presented or explained

Which of the following are not generally considered to be an example of regressive taxes or fees?

Income taxes

Just as the economy began to improve and state revenues started increasing, a new threat arose to threaten the newly balanced budget. It was the

Increasing health care costs due to recent efforts to reform the health care system.. Obamacare

In Texas, what is the primary effect of a plural executive?

It dilutes the power of the governor and fragments the executive branch.

Which of the following was not an important part of the 1827 Constitution of Coahuila y Tejas, established when Texas was part of Mexico?

It established a bicameral legislature.

What is the argument commonly used by supporters of a state income tax?

It is a fairer and more reliable source of revenue

Why must the Texas legislature maintain a balanced budget?

It is required by the Texas constitution

What is the purpose of the Sunset Advisory Commission in Texas?

It reviews state agencies every twelve years to see if they are still needed.

Which of the following is true about the legislative reference library?

It serves as a depository of records, it is located in the state capitol, and it is open to members of the public

Switching from a partisan election system to a nonpartisan election system for judicial selection would result in which of the following

It would eliminate straight-ticket voting and it would reduce the cost of campaigns

Which of the following would be true if all criminal cases were subject to jury trials

It would result in increased costs and more court officers would be needed

In texas, which of the following courts are trial de novo courts

JP and Municipal courts

___ were legal provisions requiring the social segregation of African Americans in separate facilities

Jim Crow Laws

In Texas, trial lawyers tend to support which type of judicial candidates?

Judicial candidates who are sympathetic to plaintiffs (256) Democratic Judicial Candidates

Which of the following statements about grand juries in Texas are true

Jurors names can be supplied to the judge by a grand jury commissioner, Most grand jury members follow the advice of the prosecuting attorney, and the district judge summons potential jurors and selects 12 citizens to serve as grand jurors

The ______ is the oldest state agency in Texas.

Land Office

Kozinski Article

Legal Realism: judges rule in favor of the party they most identify with Critical Legal Studies: laws mean whatever judges say they mean "Seeds of Truth": judges have high, not unlimited discretion *constraints: -self-respect (&respect for legal profession) -colleagues -political process -language has meaning -precedent

The Legislative Budget Board is chaired by the

Lieutenant Governor

Water usage by sector

Livestock 2% Municipal 27% Manufacturing 7% Mining 1% Steam electric 3% Irrigation 60%

Who provides the majority of funds for judicial election campaigns?

Lobbyist and lawyers

Which of the following is a characteristic of local trial courts in Texas?

Local trial courts in Texas handle cases involving not more than $10,000.

If Texas instituted a progressive income tax

Low income Texans would pay a lower tax rate than wealthy Texans

Which two factors caused the bubble in the real estate market?

Low interest rate and loose credit standards

What is the particular problem in Texas judicial elections known as the "name game?"

Many voters will vote for a judicial candidate with a name they are familiar with, even if they know nothing about the candidate (262-264

Which of the following cases dealt with the exclusionary rule?

Mapp v. Ohio

Which of the following cases established the exclusionary rule?

Mapp v. Ohio

What determines the amount of tax revenue generated from oil and natural gas produced in Texas?

Market price and the amount produced

Welfare Policy in Texas • Poverty in Texas - 18% of Texans (over 4 million) in poverty (2011) • Compared to 15% national average • Federal Poverty Guidelines 2012 - Income of $11,170 for an individual • + $3,960 for each additional household member • This means individuals earning $935/month are not, by legal definition "poor." • 58% of poor households are employed • Most major state welfare programs are cooperative using federal matching funds - Medicaid: medical care for the poor - TANF: welfare • income assistance, medial and social services - Public Housing & Section 7 vouchers - School meals and SNAP (Lone Star Card) • Temporary Aid to Needy Families - Temporary: limited to 36 months (3 years) • Not more than 5 years over a lifetime - Aid Types: Income, child care, social services - Often vouchers or direct agreements with providers, less direct cash payments since Clinton Era Welfare Reforms - Needy: Must be near poverty - Families: Must be children in household - Adults must be caring for young children, working or in school/job training

Medicaid and Health Care Policy • Medicaid: health insurance for poor, disabled, or otherwise needing financial assistance • Evidence required demonstrating disability or inability to pay for private health insurance - Joint state-federal program established under the Social Security Amendments of 1965 • Requires Texas (all states) follow certain principles and meet set standards to receive federal funds. • Not to be confused with Medicare, a federal contribution health care program for the elderly. Medicaid began as narrowly defined targeting people on public assistance • Today Medicaid is large, complex insurance program serving many identified groups including: - adults not fully covered by Medicare - people with disabilities - individuals receiving TANF and SSI - Impoverished children • Texas administers Medicaid through the Texas Health and Human Services Commission - The federal government monitors the state Medicaid program • The Centers for Medicare and Medicaid in the Department of Health and Human Services • Establish what constitutes basic services, and set delivery, quality, funding, and eligibility standards.

What is it called when a blue-ribbon committee selects judicial nominees who are then appointed by the governor and must finally run for retention in office?

Merit selection (267)

The Supreme Court rules that obscenity was a matter that should be decided by local community standards in the case of

Miller v. California

Which of the following cases dealt with the question on whether obscenity is protected free speech?

Miller v. California

what states that a person must be told his or her rights before being questioned.

Miranda rule

How does Texas' incarceration rate (prison population) compare to that of the United State? Other states?

Much Much higher than the other states

Pentagon Papers Case

New York Times Co. v US. supreme court ruled that the US couldn't block the publication of secret documents

Is the Texas Supreme Court higher than the Texas Court of Criminal Appeals?

No, there are the same level

Which of the following coordinates relations between the governors office and federal officials and is to some degree an advocate for the states in dealing with Texas congressional delegation and federal agencies

Office of state-federal relations

________ Jurisdiction is the right of the court to hear cases at trial?

Original

The budget consisting of all other funds flowing into the state treasury that are not included in other state budgets, including the Texas Highway Fund, various trust funds operated by the state, and certain revenues held for local higher education accounts is the

Other Funds budget.

• Federal funds Other State Revenue - Matching grants for Medicaid, Temporary Aid to Needy Families, education, and roads - With matching funds, the more a state spends, the more it gets from the federal government • Texas spends relatively little (in part by state law) so gets less than some other states do in federal support

Other State Revenue • Texas also takes in revenue from: - Interest on bonds and other investments - Sales of goods and services it provides - Income from public lands that are rented - State lottery - Tobacco settlement

What are the main types of civil cases handled by in the Texas state courts?

Other family, the divorce, other civil matters

What are some ways states can choose judges?

Partisan election (texas) non partisan election appointed by governor of the legislator Appointive elective (including the merit plan)

What is the most important part of a judicial candidate's campaign in Texas?

Party affiliation

Constitution and the Budget • The legislature makes a 2-year budget - Agencies project out in manner that may miss unanticipated and consequential developments - Legislature only meets 140 days every two years • Not much time for long economic scenario simulations - A large portion of the budget is dedicated • Obligations payments that are non-negotiable

Pay-as-You-Go limit - The state budget must always be balanced. - Any bill that is to be appropriated must be cleared by the comptroller, who must certify there are funds.

What three states are the focus of the video?

Pennsylvania, louisiana, texas

Which of the following cases established the "separate but equal" doctrine?

Plessey v. Ferguson

Judges and Presidents

Political scientists: ideology-->thought process-->decision law: thought process-->decision-->ideology

Who pays the greatest portion of their income in property taxes?

Poor homeowners and renters

What are the requirements to be a judge of the Texas Supreme Court?

Practice law for 10 years, 35 years old, 6 year term Texas and US citizen

countywide officials! - county judge - possibly county court at law judges, possibly probate judges, and district judges county and district attorney or criminal district attorney sheriff county and district clerk or district clerk possibly county treasurer tax assessor collector possibly county surveyor

Precinct level officials County commissioners Justices of the Peace Constables

What is the difference between probation and parole?

Probation - not imprisoned Parole - imprisoned with a conditional release

The Economic Stabilization Fund is commonly known as the

Rainy Day Fund

Which of the following cases dealt with reverse discrimination in school admissions?

Regents of the University of California v. Bakke

Which of the following cases dealt with the right to privacy under the Ninth Amendment?

Roe v. Wade and Griswold v. Connecticut

what supreme court was on the issue of abortion?

Roe vs. Wade

Which is the single largest source of tax revenue for the state of Texas?

Sales

What is the difference between the Texas Supreme Court and the Court of Criminal Appeals?

Same level; Supreme Court listens to civil and juvenile case; court of criminal appeals listen to criminal cases

Justice of the peace courts handle which kind of disputes?

Small claims

Which of the following is a characteristic of county-level trial courts in Texas?

Some county-level courts were created by the Texas Constitution and some have been created by the state legislature.

Eighty-two percent of all executions since 1976 have occurred in which region?

South

Slander

Spoken lies

The Biennial Revenue Estimate (BRE) is a detailed forecast of the total revenue that the state is expected to take in over the next biennium and is prepared by the

State Comptroller's Office.

Familiarize yourself with the methods of selecting a judge

State Elections (Voting) Federal is appointing

The fund created to support the construction, maintenance, and policing of roadways is the

State Highway Fund.

The Texas Legislature increased ___ to help compensate for lower property tax revenues in the 2012-2013 budget cycle.

State corporate franchise taxes and cigarette taxes

At which court level are most cases heard?

State trial courts

Courts that can review matters relating to the disposition of property of decreased persons are referred to as _____?

Statutory Probate courts

_________ ________ voting allows a voter to vote for all candidates in a party by making a single mark on the election ballot.

Straight ticket

Schenck v. United States

Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

According to the video, which state has "the most partisan, knock down brawls for Supreme Court" when it comes to electing its state Supreme Court justices?

Texas

Which court in Texas has automatic jurisdiction over all death penalty cases?

Texas Court of Criminal Appeals

The prison system in Texas is managed by the

Texas Department of Criminal Justice

Identify all of the following courts of last resort in Texas

Texas court of criminal appeals and Texas supreme court

Which of the following best describes capital punishment in Texas?

Texas executes more individuals than any other state and has a statistically low rate of successfully appealed capital cases.

What is the consequence of the requirement that the comptroller must certify that all bills proposed in the legislature are within available budget projections?

Texas has a pay-as-you-go limit to its budget process.

Which statement concerning matching funds in Texas is true?

Texas has historically participated in matching funds at a relatively low rate

According to the textbook,

Texas has more verified wrongful convictions than any other state in the United States.

...Which statement regarding revenue sources for the state of Texas is true?

Texas has no income tax but high sales tax

Judges in this court system must face the voters in elections to keep their jobs

Texas judiciary

Which statement regarding state federal spending in Texas is true?

Texas spends less on state federal programs than most states do

Which of the following best describes the incarceration rate in Texas, compared to that in other states?

Texas's incarceration rate is one of the top two state incarceration rates.

What was the effect on Texas prisons of the Supreme Court case Ruiz v. Estelle?

Texas's prison system was declared unconstitutional, and the federal courts stepped in to oversee its administration.

Mr. Smith was found guilty of capital murder in a Texas district court. Because it involves the death penalty, Mr. Smith's case, on appeal, will be heard next by which Texas court?

The Court of Criminal Appeals

____ monitors state agencies to ensure that they comply with the state budget

The LBB, in conjunction with the State Auditor's Office

Which of the following agencies is responsible for managing the Permanent School fund?

The Texas Board of Education

Which of the following is at the heart of the budget process in Texas?

The Texas Comptroller

From an overall standpoint, which statement is true?

The Texas economy is closely tied to the national economy

The Permanent University Fund was established in 1876 with a land grant of 1 million acres. It contributes to the support of

The University of Texas and Texas A&M university systems

Who certifies the state budget of Texas?

The comptroller

Who prepared the BRE?

The comptroller

Who prepared the Biennial Review Estimate?

The comptroller

One significant component of the budget process that is relatively unique to Texas is

The constitutional mandate that Texas legislators write a budget every two years

Cruzan v. Director, Missouri Department of Health

The court ruled that a patient's life support could be withdrawn, at the request of a family member, if clear and convincing evidence exist that the patient did not want treatment or be sustained through mechanical device.

Equal Employment Opportunity Commission

The equal right of all citizens to the opportunity to obtain employment regardless of their gender, age, race, country of origin, religion, or disabilities.

Which of the following is the best example of the Texas governor's military powers?

The governor can declare martial law during a natural disaster.

What is the most important role the governor of Texas plays in the judicial process?

The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held. (257-259) (Power of the governor to Appoint Judges)

What is the process for granting clemency in Texas?

The governor must follow the recommendations of the Texas Board of Pardons and Paroles.

Which of the following is the best example of the Texas governor's exercise of senatorial courtesy?

The governor will not appoint someone to office unless that appointee's state senator agrees.

Which of the following statements is true?

The legislative session was particularly difficult because the Great Recession had significantly decreased state revenue

For a Texas governor, what is the benefit of a post-adjournment veto?

The legislature is prevented from overriding it.

Which of the following about the lieutenant governor in Texas is incorrect?

The lieutenant governor is a full member of the Texas Senate.

Authorized by voters in 1991, the Texas state lottery generates a sizeable sum for the state budget. Which of the following statements regarding the Texas lottery is true?

The lottery is played by large numbers of people from all social classes

Which of the following statements about women in the Texas judiciary is accurate?

The number of female judges in the state is significant and growing.

Which of the following best characterizes the comparison between African Americans in the Texas judiciary and in the population at large

The percentage of African Americans in the judiciary is significantly lower than in the population at large

Which of the following statements about republican government is incorrect?

The right to republican government is not guaranteed in the Texas bill of rights.

Prior to 2003, tuition for public colleges and universities in Texas was set by

The state legislature

Texas will not implement a state income tax in the immediate future because

The voters would not approve the measure

Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas court of criminal appeals?

There are few interest groups that contribute money to the criminal appeals court candidates' campaigns, which keeps down the costs of the election. (257)

Which of the following is a characteristic of courts of appeals in Texas?

There are fourteen intermediate appellate courts with eighty justices.

Why did the Texas constitution establish a plural executive?

There was suspicion of a strong chief executive

The Texas Supreme court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what?

They have authority to review decisions and change outcomes of decisions of lower courts. (251) determine legal procedures were following correctly)

Why are county governments important in Texas?

They provide the main form of government in rural areas.

Why did voters elect Don Yarbrough to the Texas Supreme Court in 1976?

They recognized his name

Why are death penalty cases automatically appealed in Texas?

To ensure procedural accuracy

The majority of cases in municipal courts involve

Traffic and parking violations.

True or false: Unlike appellate courts, which involve virtually no direct citizen participation, trial courts have citizens participate as members of juries and as witnesses during trials.

True

True or false: When a judicial office becomes vacant, the governor of Texas may appoint a replacement.

True

What is the top court in the federal court system called?

U.S. Supreme Court

Which court(s) was (were) created by name in the U.S. Constitution?

U.S. Supreme Court

what allows exceptions to the exclusionary rule.

USA Patriot Act

The National Research University Fund was established through a constitutional amendment to provide a source of funding for

Universities seeking to achieve national prominent as research institutions

In Texas, the governor's line item veto power is

Very powerful because the governor can use it to limit expenditures

The act that merged various water-rights doctrines into a unified water permit system, expanding the ability of the state to control and manage surface water, was the

Water Rights Adjudication Act.

Who was the first Republican governor of Texas since Reconstruction, and when was he or she elected?

William Clements in 1978

General Revenue-Dedicated Funds budget

a budget composed of funds for dedicated revenues that target money for specific purposes. (page 313)

Other Funds budget

a budget consisting of all other funds flowing into the state treasury that are not included in other state budgets. This includes the Texas Highway Fund, various trust funds operated by the state, and certain revenues held for local higher education accounts. (page 313)

General Revenues Fund budget

a budget for a nondedicated revenue account that functions as the state's primary operating fund. (page 313)

In situations in which the recall is used to remove a governors, which of the following has to occur first in the process

a certain number of voters petition a recall

What is a felony? What are the potential punishments for a felony?

a felony is a more serious crime, life to prison, death penalty. State prison

What is a grand jury? What does a grand jury do?

a jury of random citizens who get the right to "serve." 9 of them. They decide whether or not a case should be heard at a trial court or not

What is a grand jury?

a jury that determines whether there is enough evidence to justify a trial

Common Law Tradition

a legal system based on the accumulated rulings of judges over time, applied uniformly--judge-made law

When the Texas governor strikes out particular spending provisions in an appropriations bill, it is called

a line-item veto

The Texas Constitution is

a long, complex, and detailed document.

Texas has the reputation for being

a low-service, low-tax state.

The texas prison system is run by

a nine-member board appointed by the governor

Which of the following is a constitutional constraint on the budgetary process in Texas?

a pay-as-you-go limit

what is the miranda rule?

a person must be told his or her rights before being questioned.

affirmative action

a policy of creating opportunities for members of certain groups as a substantive remedy for past discrimination

Precedent

a previous decision or ruling that, in common law tradition, is binding on subsequent decisions

A grand jury is

a screening body for criminal cases.

A felony is

a serious criminal offense that could subject a person to state prison punishment.

A major source of nontax revenue comes from

a settlement the state reached with tobacco companies.

Federal Funds budget

a state budget that includes all grants, payments, or reimbursements received from the federal government by state agencies and institutions. (page 313)

Higher Education Fund (HEF)

a state higher education fund for universities not having access to PUF monies. (page 327)

Bill of Rights

a summary of citizen rights guaranteed and protect by a government; added to the Constitution as its first ten amendments in order to achieve ratification

what is the structure of the national and state court systems?

a three tiered system trial court, appeal court, supreme court from bottom to top

The Texas Constitution requires which of the following for amendment?

a two-thirds vote in both houses of the state legislature and a majority vote from the voters of Texas

regressive tax

a type of tax where the tax burden falls more heavily on lower-income individuals. (page 320)

progressive tax

a type of tax where the tax burden falls more heavily on upper-income individuals. (page 322)

17. In the past twenty years, the costs of prison construction and maintenance have risen from approximately ______ to approximately ______.

a. $147 million; $3 billion

14. The Texas Constitution specifies that state payments for assistance to needy children and their caretakers shall not exceed ______ percent of the states' budget in any biennium.

a. 1

18. A study showed that retention elections lead to the defeat for the incumbent in ______ percent of instances.

a. 1.6

10. The Permanent School Fund (PSF) was created in

a. 1854.

What was the argument brought forward in the case of League of United Latin American Citizens v. Mattox in 1989? a. Countywide election of judges in Texas diluted the strength of minority voters and violated the Voting Rights Act. b. Statewide election of Texas Supreme Court judges weakened the ability of Hispanic voters. c. Citywide election of mayors was racially detrimental to minorities and violated the Voting RightsAct. d. Countywide election of county commissioners was racially biased and therefore weakened the strength of minority representation in those positions. e. Legislative redistricting in the state of Texas was so racially biased that it violated the Voting Rights Act.

a. Countywide election of judges in Texas diluted the strength of minority voters and violated the Voting Rights Act.

In Texas, trial lawyers tend to support a. Democratic judicial candidates. b. Republican judicial candidates. c. anti-death-penalty judicial candidates. d. pro-business judicial candidates. e. pro-death-penalty judicial candidates.

a. Democratic judicial candidates

7. In Texas, trial lawyers tend to support

a. Democratic judicial candidates.

11. In Texas, why is a governor's post-adjournment veto so powerful?

a. It cannot be overturned by the legislature.

16. What is the purpose of the Sunset Advisory Commission in Texas?

a. It reviews state agencies every twelve years to see if they are still needed.

14. Authority over railroads throughout Texas was given to the ______ in 2005.

a. Texas Department of Transportation

10. In the Texas legislature, when a committee chair "pigeonholes" a bill, what happens?

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

10. During the first appearance before a judge, referred to as the arraignment, what will likely happen?

a. The judge will repeat the due process rights of the accused and set bail.

14. In the 1960s, welfare policy in Texas reflected

a. a policy of minimizing the cost to Texas while maximizing the use of federal dollars.

1. What types of cases does the Texas Supreme Court hear?

a. civil appeals

15. The Texas State Board of Education is responsible for all of the following EXCEPT

a. funding public school districts.

According to a recent increase in campaign contribution limitations, in what situation must a judge recuse himself or herself from a case? a. in situations in which a judge receives campaign contributions from a party to a lawsuit b. in situations in which a relative of the accused party has contributed to the judge's campaign c. in situations in which judges have been at campaign fund-raisers with the party to a lawsuit d. in situations in which the lawyer has been involved in fund-raising with the party to a lawsuit e. in situations in which a judge receives campaign contributions from a party's lawyer

a. in situations in which a judge receives campaign contributions from a party to a lawsuit

16. In the 1972 case of Ruiz v. Estelle, the U.S. federal court determined that

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

5. In a situation in which the defendant may have committed his or her first offense, the judge is more likely to issue a punishment of ______.

a. probation

16. The purpose of the Biennial Revenue Estimate (BRE) is to

a. provide a detailed forecast of total revenues that the state is expected to take in.

The legal doctrine at issue in the Plessy v. Ferguson case is the

a. separate but equal doctrine.

Justice of the peace courts handle which kind of disputes? a. small claims b. felonies c. city ordinance violations d. bankruptcy cases e. disposition of property of deceased persons

a. small claims

3. In Texas, why are gubernatorial elections held in off years?

a. so that gubernatorial elections will not be influenced by a presidential election

Under the Gilmer-Aikin Laws a. the State Board of Education was established and became the policy-making body for public education in Texas. b. the State Board of Education was abolished for being redundant and in competition with the federal Department of Education. c. the Religious Antidiscrimination Act was repealed. d. the State Board of Education members were elected statewide on partisan ballots. e. Texas instituted an income tax to fund public education.

a. the State Board of Education was established and became the policy-making body for public education in Texas.

13. One significant component of the budget process that is relatively unique to Texas is

a. the constitutional mandate that Texas legislators write a budget every two years.

4. What is the most significant and far-reaching of the Texas governor's powers?

a. the power to appoint boards and commissions

8. In Texas, which officer in the plural executive is NOT elected by voters?

a. the secretary of state

5. Overall, the tax system in Texas is generally considered to be regressive, which means that

a. the tax burden consumes a greater percentage of income received by lower-income individuals.

1. The Texas Supreme Court's decision in Edgewood ISD v. Kirby was that

a. undue reliance upon property taxes to fund public education violated the Texas Constitution.

13. Jurors determine a guilty verdict in criminal cases

a. with a unanimous vote.

what is NEITHER a duty or power for lieutenant governor

ability to call texas senate into special session

The Supreme Court based its decision in Roe v. Wade on the right to ___.

abortion

What portion of Texas prisoners are serving sentences for drug-related crimes?

about 1/5 are serving sentences for drug-related crimes

The Supreme Court's power of judicial review has been

acknowledged and accepted

When the governor leaves the state, the lieutenant governor serves as ______, performing the functions of the gubernatorial office

acting governor

A hearing before a judge who decides if a person must stand trial is known as an

administrative hearing

A hearing before a judge who decides if a person must stand trial is known as a(n)

administrative hearing.

What method do Texas courts use to screen criminal cases

administrative hearings and grand juries

Arraignment before a judge is necessary at what stage of the criminal justice process?

after a person is arrested for a crime

Which of the following is an alternative method of judicial selection compared to what Texas uses today?

all judges being appointed with no election process

The texas prison system

all of the above (look in notes)

The Texas Court of Criminal Appeals ________ reverses death sentences.

almost never

A brief submitted by an interested group or individual that is not a party to the case is called

amicus curiae brief

Compared with other states, rates of incarceration in Texas are

among the highest.

Compared to most other states, per capita state government expenditures in Texas are

among the lowest of all states.

Which of the following will invalidate (nullify/cancel/override) a Supreme Court decision declaring a federal law unconstitutional?

an amendment to the U.S. Constitution

Which of the following accurately explains the meaning of en banc?

an appeal that is heard by the entire court of appeals

An election in which voters elect officials from the entire geographical area, rather than from a smaller district within the area, is called

an at-large election

The head of every district attorney's office in Texas is

an elected official who runs under a party label.

Why did the state legislature remove responsibilities from the state board of education

an influx of social conservatives to the board and public infighting amongst members

The Department of Public Safety is responsible for all of the following except

animal and insect control.

The most important difference between trial and appellate courts is

appellate courts decide cases based on points of law

The most important difference between trial and appellate courts is

appellate courts decide cases based on points of law.

Members to state boards and commissions are

appointed by the governor

How does the secretary of state assume office?

appointed by the governor and approved by the state senate

How are federal (national) court judges (justices) selected?

appointed by the president

Both trial court judges and appellate court judges are selected via partisan elections in Texas. However, since the governor has the authority to fill and seat for district or appellate courts that becomes vacant due to death or resignation (or any new district court position created by the legislature), some argue that Texas really has which system?

appointive-elective system

In Texas, the plural executive is held accountable through all of the following except

appointment by the governor.

Medicaid expenses in Texas

are increasing and threaten to overwhelm the state budget.

an individual most likely to successfully lobby government when .......

are not challenged by powerful organized interest groups

The primary role of the Office of state-federal relations is

as a liaison between the governors office and federal officials

What are the functions of the Texas legislative council?

assisting the legislature in drafting bills, conducting research, and producing publications

In order to be elected governor in the state of Texas a person must be

at least 30 years old, lived in the state for 5 years prior to the election, and a citizen of the United States

Among the 50 states, where does Texas rank on per capita state government expenditures?

at the bottom

when is treason a federal crime?

at times of war

The chief lawyer for Texas is the

attorney general

what is the chief lawyer for tx called

attorney general

What are the main functions of the state auditor

auditing state agencies and assisting legislature in its oversight function

appropriations

authorization by the legislature to a government agency or body to spend up to a particular amount of money. (page 329)

Punitive damages relate to each of the following except

awards to be distributed among the public.

1. The highest fine an individual can receive upon criminal sentencing is ___________.

b. $10,000

What is the average amount of time an inmate spends on death row in Texas before execution? a. 5.23 years b. 10.26 years c. 18.37 years d. 22.45 years e. 29.85 years

b. 10.26 years

7. In regard to the rules of community supervision (probation) requirements, what are the results of compliance versus violation?

b. A criminal in compliance will likely receive an early release of up to one-third the term, while a criminal in violation may be sent to jail for the remainder of his or her sentence.

Which of the following states does not have a higher incarceration rate than Texas? a. Louisiana b. California c. Mississippi d. Oklahoma e. Florida

b. California

13. Which of the following statements about partisanship in the Texas legislature is correct?

b. Historically, partisanship has been rather low, but in recent years the legislature has moved into a more partisan era.

3. Which statement is true regarding public education throughout much of the late nineteenth century and early twentieth century?

b. Public education was handled privately and by local government.

Which statement is true regarding public education throughout much of the late nineteenth century and early twentieth century? a. Public education was heavily subsidized by the national government. b. Public education was handled privately and by local government. c. Public education was almost exclusively the responsibility of federal lawmakers. d. Public education was the sole responsibility of religious institutions.

b. Public education was handled privately and by local government.

9. Which statement regarding state-federal spending in Texas is true?

b. Texas spends less on state-federal programs than most states do.

17. ______ monitors state agencies to ensure that they comply with the state budget.

b. The LBB, in conjunction with the State Auditor's Office

12. Why is the comptroller of public accounts so important to the legislature?

b. The comptroller informs the legislature how much money it has to spend on the budget.

6. For a Texas governor, what is the benefit of a post-adjournment veto?

b. The legislature is prevented from overriding it.

9. Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas court of criminal appeals?

b. There are few interest groups that contribute money to the criminal appeals court candidates' campaigns, which keeps down the costs of the election.

Who was the first Republican governor of Texas since Reconstruction, and when was he or she elected?

b. William Clements in 1978

19. Taking into account increasing Medicaid and school district funding, the general revenue shortfall for the 2012-2013 biennium budget was

b. between $24 and $27 billion.

3. Which phrase best characterizes Texas's reputation in terms of taxes and services?

b. low service, low tax

4. According to our text, what determines the amount of tax revenue generated from oil and natural gas produced in Texas?

b. market price and the amount produced

8. Constituency services provided by Texas representatives may include all of the following EXCEPT

b. providing legal services in court.

The Texas Supreme Court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what? a. hear all cases from across the state regardless of reasoning b. review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly c. review the abilities of lower court justices d. suspend habeas corpus e. review the decisions of national courts to determine whether court procedures were followed correctly

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

2. The Texas Supreme Court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what?

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

12. Misdemeanor juries in the state of Texas require ______ members, while felony juries require ______ members.

b. six; twelve

11. Which of the following agencies is responsible for managing the Permanent School Fund?

b. the Texas Board of Education

14. The Legislative Redistricting Board has the authority to draw new districts if

b. the legislature fails to redistrict in the first regular session.

The average prison time served by those that have been exonerated was ______ years. a. eight b. thirteen c. nineteen d. twenty-four e. thirty-one

b. thirteen

The majority of cases in municipal courts involve a. family law. b. traffic and parking violations. c. civil cases, especially torts. d. felony crimes. e. city ordinances.

b. traffic and parking violations.

The majority of the cases that justice of the peace judges hear are those regarding what? a. civil cases b. traffic misdemeanors c. death penalty cases d. marriages e. felony cases

b. traffic misdemeanors

7. By the late 1960s, de facto segregation

b. was still a problem in urban public schools with a large minority population.

9. In Edgewood ISD v. Kirby, the key constitutional issue was

b. whether the phrase "an efficient system of free public schools" included school financing.

In Edgewood ISD v. Kirby, the key constitutional issue was a. whether the Brown v. Board of Education decision applied to Texas students. b. whether the phrase "an efficient system of free public schools" included school financing. c. de facto segregation. d. the continuing effects of Roe v. Wade upon public education. e. whether school prayer should be required in grades K-8

b. whether the phrase "an efficient system of free public schools" included school financing.

From its establishment until the 1970s, what was the reputation of the Texas Prison system?

bad history where we treated them poorly, they were taken away their rights.

money that is provided by the defendedent to assure his or her appearance in court is refferred to as

bail

what is money paid to the court by an accused person to guarantee that he or she will show up for trial.

bail

The Texas Constitution requires the state to maintain a

balanced budget.

The Texas Constitution requires that the Texas budget must be

balanced.

The funds generated by the Permanent School Fund are distributed to school districts across the state

based on attendance rates

in the past, Texas governors have appointed individuals to their staff

based on political loyalty rather than professionalism

why is the comptroller important?

because informs legislature on how much money it has to spend on budget

Taking into account increasing Medicaid and school district funding, the general revenue shortfall for the 2012-2013 biennium budget was

between 24 and 27 billion

What is the standard of proof used in criminal trials?

beyond a reasonable doubt

The author's argue that Texans' have inadvertently placed control of the judicial system into the hands of (not sure pg 241)

big campaign donors.

what 2 things does the constitution ban?

bills of attainder and ex post facto laws

what are conservative democrats in texas are also known as...

blue dog dems

Which of the following is not a qualification a person would need to be a viable candidate for governor of Texas?

born in Texas

what is NOT a qualification a person would need to be a viable candidate for governor of Tx

born in texas

in texas the legal standard of guilt beyond a reasonable doubt is used in which types of cases

both felony and misdemeanor cases

The responsibility for preparing an initial draft of the budget belongs to

both the governor and the legislature; Texas has a dual budget system.

The Texas governor has all of the following legislative powers except the power to

break tie votes in the Senate.

Having control over how money is spent, otherwise known as ______ powers, allows the government to exert influence over state policy

budgetary

most PAC spending go to

buisness

The term ______ implies a hierarchy of offices with levels of power leading to a centralized controlling authority

bureacuracy

The term_______ implies a hierarchy of offices with levels of power leading to a centralized controlling authority

bureaucracy

According to the Texas Judicial Campaign Fairness Act, what dollar amount is a law firm limited to when donating to any statewide judicial candidate? a. $100,000 b. $75,000 c. $30,000 d. $10,000 e. $5,000

c. $30,000

19. What percentage of Texas prison inmates has been convicted of drug offenses?

c. 18 percent

14. Approximately ______ of Texas appellate judges are women.

c. 40 percent

Approximately ______ of Texas appellate judges are women. a. 15 percent b. 20 percent c. 40 percent d. 53 percent e. 67 percent

c. 40 percent

11. A recent Texas poll found that _____ percent of judges felt that campaign contributions had at least some influence on judicial decisions.

c. 86

The lowest class of misdemeanor is which of the following? a. Class A b. Class B c. Class C d. state jail e. second degree

c. Class C

15. What is the importance of the Supreme Court case Reynolds v. Sims?

c. It declared the constitutional principle of "one person, one vote."

2. What is the function of the "local and consent" calendar?

c. It is reserved for uncontroversial bills that are not expected to have major opposition.

7. Which of the following statements about the Texas legislature is incorrect?

c. Only the senate has the constitutional authority to launch investigations into problems concerning the state.

12. The Economic Stabilization Fund (ESF) is commonly known as the

c. Rainy Day Fund.

4. Which of the following statements about special sessions of the Texas legislature is true?

c. Special sessions are common, held an average of once a year since 1876.

17. Which statement is true?

c. Texas leads the nation in the percentage of residents who lack health insurance coverage.

13. Which of the following statements concerning the Texas Department of Insurance is incorrect?

c. The department makes sure that all Texans are covered by health insurance.

What is the most important role the governor of Texas plays in the judicial process? a. The governor has the power to permanently appoint all municipal court judges. b. The governor has the power to limit the jurisdiction of the appellate courts. c. The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held. d. The governor has the power to add additional judges to the appellate courts whenever there is a six- month backlog in cases. e. The governor appoints all members to the Texas Supreme Court.

c. The governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held.

18. Which of the following statements is true?

c. The legislative session was particularly difficult because the Great Recession had significantly reduced state revenue.

2. Which of the following statements regarding public policy in Texas is true?

c. The policies of the national government influence Texas, but, for the most part, large segments of public policy, such as education, infrastructure, and legal matters, are state and local matters.

13. Why is it difficult for voters to learn about judicial candidates in Texas?

c. Voters are called upon to vote for too many different judicial races in a single election.

15. Which of the following is not likely to be included in a plea bargain?

c. a recommendation for a higher sentence with a lower fee

Which of the following is not likely to be included in a plea bargain? a. a drop of some of the charges b. a recommendation for a lighter sentence c. a recommendation for a higher sentence with a lower fee d. a reduction of some of the charges e. a recommendation for a lower sentence with a higher fee

c. a recommendation for a higher sentence with a lower fee

5. The Department of Public Safety is responsible for all of the following EXCEPT

c. animal and insect control

9. An individual convicted of a nonviolent crime must serve how much of his or her term before being considered for parole?

c. at least one-fourth of fifteen years, or whichever is less

10. Almost one-half of the attorney general's employees are involved in what government task?

c. collecting child-support payments

1. Given the budget structure and constitutional limitations upon spending and taxing, legislators seeking to balance the budget are left with

c. concentrated on a few state agencies.

Which individual presides over the county courts? a. justice of the peace b. district mayor c. county judge d. city mayor e. Texas governor

c. county judge

20. More than one hundred death-row inmates in Texas have been represented by

c. court-appointed attorneys with troubled histories whose performances became an issue on appeal.

In the Brown v. Board of Education case, segregated school districts were ordered to a. double the funding for African American integrated schools. b. desegregate their schools within the next ten years. c. desegregate their schools "with all deliberate speed." d. appoint a commission to study the Texas school system and make recommendations to the governor. e. redraw school district lines to improve funding for all schools on a more equitable basis.

c. desegregate their schools "with all deliberate speed."

16. Appealing a case to the federal courts of appeal when all justices will hear the case, rather than the typical panel of three, is referred to as hearing a case ______.

c. en banc

4. The three main issues that have shaped education policy in Texas during the last fifty years are

c. funding, desegregation, and educational excellence.

The three main issues that have shaped education policy in Texas during the last fifty years are a. income taxes, federal regulation, and teacher salaries. b. labor unions, civil rights, and school district lines. c. funding, desegregation, and educational excellence. d. desegregation, access to the Internet, and urbanization. e. lack of unions, infrastructure of education, and declining school enrollments.

c. funding, desegregation, and educational excellence.

16. Federal money for Medicaid programs

c. is accompanied by federal rules and regulations, which states must comply with to maintain federal funding of the program.

20. According to a report released in July 2012 by the Agency for Healthcare Research and Quality, relative to other states, Texas is ranked ______ in health care services and delivery.

c. last

Reformers that have suggested lengthening judicial terms of office can explain that this action may create which of the following results? a. more election contests b. more need for campaign money c. less of a chance for defeat of incumbents d. more involvement of judges in politics e. less need for top-of-the-ticket voting

c. less of a chance for defeat of incumbents

6. Under the separate but equal doctrine in the 1920s and 1930s, the amount of money that the state of Texas spent on black students was ______ the amount spent on white students in public schools.

c. lower than

Under the separate but equal doctrine in the 1920s and 1930s, the amount of money that the state of Texas spent on black students was ______ the amount spent on white students in public schools. a. the same as b. much higher than c. lower than d. rapidly catching up to e. completely unknown relative to

c. lower than

6. Who pays the greatest portion of their income in property taxes?

c. poor homeowners and renters

The Religious Viewpoints Antidiscrimination Act of 2007 a. was ruled unconstitutional by the Texas Supreme Court. b. was rejected by social conservatives. c. required Texas schools to adopt a number of policies that would protect religious speech on campus. d. was ruled unconstitutional by the U.S. Supreme Court. e. was vetoed by the governor and never went into effect.

c. required Texas schools to adopt a number of policies that would protect religious speech on campus.

5. In 2004 and 2005, three special sessions were called in the Texas legislature to deal with

c. school finance.

5. Justice of the peace courts handle which kind of disputes?

c. small claims

20. To address the budget shortfall in the 2012-2013 budget, the most common tactic used by the legislature was

c. spending cuts.

11. Which state office was eliminated in 1996?

c. state treasurer

6. For felonies, in general, most probation sentences run for up to ______ years of community supervision.

c. ten

10. Among the most important findings of the 1983 report were

c. test scores were declining and functional illiteracy was increasing.

8. Which of the following makes the decision to grant parole?

c. the Texas Board of Pardons and Paroles

7. What makes the greatest difference between strong and weak governors of Texas?

c. the differences in personality

8. Next to revenue generated by state taxes, the second largest source of state revenue comes from

c. the federal government.

15. Welfare reforms are measured along which two dimensions?

c. the number of people on welfare and the success of getting people into the workforce

18. In legal challenge to the Affordable Care Act, the Supreme Court ruled that

c. the tax penalizing people who failed to purchase medical insurance was constitutional.

What is the opinion of the U.S. Supreme Court justices interviewed about whether campaign contributions influence state court decisions?

campaign contributions influence state court decisions they thought they ran court decisions.

Schuette v. Michigan Coalition to Defend Affirmative Action

can a state ban use of affirmative action

what is another name for the death penalty.

capital punishment

Prior Restraint

censorship of or punishment for the expression of ideas before the ideas are printed or spoken

In giving commencement speeches, making presentations, and cutting ribbons, governors are performing their ________ duties

ceremonial

Criminal cases involve individuals

charged with violating laws of the state.

The comptroller of public accounts currently functions as the

chief fiscal and revenue forecasting office

In the role of _____ ______ governors spend time and energy presenting an active agenda of legislation to the legislature and working to pass that agenda

chief legislator

All of the following are regarded as major criminal cases (felonies) and civil cases that are heard first at the district court level except

child custody

All of the following are regarded as major criminal cases (felonies) and civil cases that are heard first at the district court level except

child custody.

While a majority of the Medicaid population is ____, a majority of the funds are spent on ____.

children; aged and disabled

Which city official is the financial officer of the local government?

city comptroller

Most of the work of the attorney general involves_____ law rather than criminal law

civil

Suing your neighbor for damages he caused while trespassing on your property is an example of ______ law

civil

The American legal system can be divided into broad branches. What are these branches?

civil and criminal

what type of cases does the supreme court hear

civil appeals

A preponderance of evidence is a key measure of evidence during a

civil trial.

What is the difference between civil and criminal law?

civil: disputes between individuals Plaintiff vs. Defendant Penalty = property (liberty) Criminal: crimes that distrube the public peace Government (state) vs defendant penalty = taking of life, liberty, and property.

District courts have original jurisdiction over all of the following except

class B misdemeanors.

the lowest class of misdemeanor is which of the followin

class C

what type of primary does texas officially have

closed primary

Almost one-half of the attorney general's employees are involved in what government task?

collecting child-support payments

Which of the following is an informal power of the governor that can have an impact on the direction of the states governments legislative agenda and the perception of the public

command of the news media

Which elected position has the dual responsibilities of promoting agricultural products while protecting the publics health from unsafe agricultural practices

commissioner of agriculture

A board of regents is designed to govern

community colleges

Federal funds appropriated in Texas generally are

concentrated on a few state agencies

What are the three main types of laws with which courts in America deal?

constitutional, statutory, and common laws

trial lawyers frequently ally with....

consumer interest groups

The majority of court cases deal with

controversies between individuals

The majority of court cases deal with

controversies between individuals.

Dallas operates under the ____________ of city government.

council-manager style

San Antonio operates under which form of city government?

council-manager style

The ____________ of government makes use of a professionally trained city manager.

council-manager style

Although statutes may create general requirements, courts often ask if there are special circumstances that should lead the court to deal with a particular individual differently. This can be described as

countermajoritarianism

Which of the following are county courts

country courts at law and constitutional county courts

______ courts primarily hear intermediate criminal and civil cases

county

Who keeps county records for property transactions?

county clerk

that __?____ is a meeting held by a political party following its precinct conventions for the purpose of electing delegates to its state convention

county convention

In Texas, what is the name of the officer who presides over the county commissioners' court?

county judge

who has automatic jurisdiction over all death penalty cases

court of criminal appeals

The political impact of the Texas Supreme Court's ruling in Edgewood ISD v. Kirby

created a political firestorm that swept through Texas politics throughout the early 1990s

The federal block grant program for welfare was

created in the 1990s and called the Temporary Assistance for Needy Families (TANF) program

What are the two main cases with which the courts deal?

criminal and civil cases

What due process rights do criminally accused individuals have?

criminally accused is still considered the defendant, must be beyond a reasonable doubt.

With what does the Eighth Amendment deal?

cruel and unusual punishment

what 2 things does the 8th amendment forbid?

cruel and unusual punishment

17. Which of the following supported the amendment proposed by Lieutenant Governor Bob Bullock to update the countywide election process?

d. African American voters

10. Between 1980 and 1985, judicial candidates in Texas made a mass change in their campaign strategies. What was that change?

d. Candidates began making a switch from the Democratic Party to the Republican Party.

Which of the following is a characteristic of district courts in Texas?

d. District courts have original criminal jurisdiction in all felony cases.

13. Which statement is true regarding poverty in Texas?

d. In Texas, the poverty rate among children is much higher than in the rest of the United States.

19. Responding to the Supreme Court decision on national health care legislation of 2010, Governor Perry announced that

d. Texas would not participate in the expanded Medicaid program.

9. Which of the following about the lieutenant governor in Texas is incorrect?

d. The lieutenant governor's powers are primarily executive, not legislative.

6. What is the main difference between a bill and a resolution?

d. Unlike a bill, a resolution, if passed, lacks the force of a public law.

9. In Texas, who can write a bill?

d. anyone at all

11. Ross Perot was appointed by Governor Mark White to chair a committee on education. As committee chair, he was particularly scornful of

d. athletic programs.

3. Which of the following groups of crimes are considered second-degree felonies?

d. bigamy, sexual assault, arson, and manslaughter

14. In Texas, the legal standard of guilt beyond a reasonable doubt is used in which types of cases?

d. both felony and misdemeanor cases

8. San Antonio v. Rodriguez dealt with the

d. constitutionality of using property taxes to fund public schools.

San Antonio v. Rodriguez dealt with the a. achievement gap in the Texas public school system. b. dropout rate in public schools. c. continuing persistence of integration failure in public schools. d. constitutionality of using property taxes to fund public schools. e. possible misuse of lottery proceeds to fund public schools in Texas.

d. constitutionality of using property taxes to fund public schools.

12. The high school graduation rates in Texas are

d. improving dramatically due to the reforms of the 1980s.

15. The Legislative Budget Board (LBB) is chaired by the

d. lieutenant governor.

1. One of the most notable effects of bicameralism in the Texas legislature is that it

d. permits more opportunities to kill or significantly modify a bill.

3. Which of the following is not a legislative power of the Texas governor?

d. removing, for suitable cause, the Speaker or lieutenant governor

Courts that can review matters relating to the disposition of property of deceased persons are referred to as what? a. district courts b. statutory county courts c. constitutional county courts d. statutory probate courts e. justice of the peace courts

d. statutory probate courts

2. An individual convicted of a ______ felony will receive a punishment of two to ten years in prison and possibly a fine.

d. third-degree

11. A written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted is referred to as a

d. true bill.

18. What type of offenses are Texas prison inmates most likely to be imprisoned for?

d. violent offenses

In 1972, the _________ __________ was outlawed in the United States with the Supreme Court decision in Furman v. Georgia.

death penalty

what is another name for the capital punishment?

death penalty

what did governor (at the time) rich perry do?

did not use his authority to delay his execution 30 days

How can they be removed from office?

die, retired, impeached

The main responsibility of the adjutant general of the national guard is to

direct the state military under the direction of the governor

the __?___ abandoned the national democratic party in the 1940 presidential election over issue of civil rights

dixiecrats

Concurring opinions

documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling

Dissenting Opinion

documents written by justices expressing disagreement with the majority ruling

what is NOT a reason for forming PACs

donate unlimited money

what is it called when a person is being tried twice for the same crime?

double jeapardy

Benton v. Maryland

double jeopardy does apply to states

Palko v. Connecticut

double jeopardy doesn't apply to states

What are the major types of criminal cases handled in Texas state courts?

drug offenses = 1, other felony=2, assault =3

The 4th, 5th, 6th, and 8th Amendments are all procedural liberties outlining fair and regular procedures in actions that could lead to an individual's loss of life, liberty, and property and form the heart of

due process law

what is the single member district resulting in a 2 party system

duvergers law

who did the shivercrats support

dwight eisenhower

According to the Texas Judicial Campaign Fairness Act, what dollar amount is an Individual Limited To when donating to a statewide judicial candidate? a. $100,000 b. $75,000 c. $30,000 d. $10,000 e. $5,000

e. $5,000

12. In what year were there no Democratic representatives in the Texas Supreme Court races because the Republican candidates were so strong?

e. 2000

What percentage of the state judges nationwide are white? a. 65 percent b. 71 percent c. 83 percent d. 87 percent e. 92 percent

e. 92 percent

6. What percentage of the 819 justices of the peace in Texas are non-lawyers?

e. 93 percent

What percentage of the 819 justices of the peace in Texas are non-lawyers? a. 52 percent b. 74 percent c. 81 percent d. 87 percent e. 93 percent

e. 93 percent

7. What is the argument commonly used by supporters of a state income tax?

e. It is a fairer and more reliable source of revenue.

15. Which of the following is not a reason, listed by the text, that there are few minority judges in Texas?

e. Minority candidates tend to be outspent by white candidates.

Which of the following does the Texas Board of Pardons and Paroles not handle? a. revocation of parole b. conditions of parole c. decisions on which prisoners are due to be released on parole d. recommendations on clemency to the governor e. The board handles all of the above.

e. The board handles all of the above.

8. Which of the following is not a major criticism of the method of judicial selection in Texas today?

e. The governor has too much power in judicial selection.

4. In misdemeanor convictions, individuals lose their rights to which of the following?

e. The individual will not lose any of these rights.

12. In Texas, the plural executive is held accountable through all of the following EXCEPT

e. appointment by the governor.

3. Which of the following is NOT an example of general jurisdiction under a Texas district court?

e. family law matters

4. Often county courts in Texas have jurisdiction over which matters?

e. probate cases, serious criminal misdemeanors, and civil cases where the amounts in dispute are relatively small, and appellate cases of municipal or justice of the peace courts

Which of the following best describes the requirement(s) necessary to be a judge of the Texas Supreme Court? a. thirty-five years of age b. citizen of the United States and a resident of Texas c. practicing lawyer or judge for at least ten years d. natural-born Texas state resident e. thirty-five years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least ten years

e. thirty-five years of age, citizen of the United States, resident of Texas, practicing attorney or judge for at least ten years

How do county officials gain office?

elected by the voters

The members of the State Board of Education are

elected from the 15 districts

With the exception of municipal court judges, all judges in Texas are

elected in partisan elections.

One mechanism to remove judges from office in the state of Texas is through

elections.

The makeup of a multi-appointment board is designed to

ensure that no individual dominates the selection process

what is NOT in list of top interest group in texas

environment

"No state shall...deny to any person within its jurisdiction the equal protection of the laws." This phrase is known as the ____ clause and it is found in the ____ Amendment.

equal protection; 14th

Appellate Court

error correction courts: not substantive Qs are about application, interpretation, etc of law (not facts) not the 1st court to hear case usually multiple judges hear the case together (panel) renders opinions

Economic Stabilization Fund (ESF)

established by constitutional amendment in 1988 to provide funds for the state during times of financial stress, commonly known as the Rainy Day Fund. (page 325)

Permanent University Trust Fund (PUF)

established in 1876 and funded from the proceeds from land owned by the state; monies go to various universities in the UT and Texas A&M systems. (page 325)

National Research University Fund (NRUF)

established in 2009 to provide funding to universities seeking to achieve national prominence as research institutions. (page 327)

what is the most important power of the state comptroller

estimating tax revenue for the legislature

In Texas, what is the most important power of the state comptroller?

estimating tax revenues for the legislature

when does redistricting in texas occur?

every ten years

Evidence obtained in an illegal search and seizure can be kept from being introduced as evidence in a trial due to the

exclusionary rule

what states that evidence that police find from an illegal act cannot be used in court.

exclusionary rule

A majority of the U.S. Supreme Court justices must agree to hear a case

false

All Texas judges first enter office through an election

false

Law firms and other organizations that have business before a Texas judge are not permitted to give money to that judges election campaign

false

Prior Restraint means arresting a suspect without reading Miranda right to this person

false

State courts established (created) in the U.S. Constitution

false

true or false: About 80% of the cases heard in the Texas courts are criminal cases

false

Which of the following is not protected under the First Amendment?

false statements made with actual malice

Does the media consultant (who makes lots of money helping judicial candidates in their campaigns) believe that electing judges always results in a qualified person winning?

false/ no

Since most voters in Texas go to the election booth with scant knowledge about the qualifications of judicial candidates, they often end up voting by name

familiarity

Since most voters in Texas go to the election booth with scant knowledge about the qualifications of judicial candidates, they often end up voting by name __________.

familiarity

Governor Bush is a good example of Texas governor in terms of background, in that he had a both a ______ and _______

family name and family wealth

The proportion of state employees in the population in Texas is

far below the national average.

Next to taxes, the second largest source of revenue for Texas is

federal funds.

matching funds

federal monies going to a state based on state spending for a program. (page 322)

a serious criminal offense that subjects a person to state prison punishment isa

felony

... Legislators seeking to balance the budget are left with

few choices as to how to balance the budget

The governor of Texas has

few formal powers, so the office is one of the weakest chief executives in the United States.

How do almost half of Texas judges first come to serve as judges?

fill a vacancy

What did Governor Rick Perry do right before the Commission was going to issue its report?

fired the commissions chairmen, fired a total of 3 members

what is an arraignment?

first court appearance, arraigning someone in court

the libertarian party can be considered

fiscal consevative and social liberal

How long do federal judges serve?

for life

For what are most prisoners in Texas incarcerated?

for violent crimes, that are almost always drug related. Drug related accounts for 1/5 of prison population 1/2 account for violent crimes

What is an indictment?

formal charge against accused

Writ of Certiorari

formal request by the U.S. Supreme Court to call up the lower court case it decides to hear on appeal

In states where judges are elected by the legislature, who is most likely to be selected

former legislators

interests groups employ

former legislatures and government officials

Trial court judges are elected for____ terms, and appellate court judges are elected for_____ terms

four-year, six-year

With what does the First Amendment deal?

freedom of religion, freedom of speech, freedom of press and rights to assemble peaceably & to petition government

For petit juries, how do jurisdictions collect names for jury selection

from voter registration lists and from lists of licensed drivers

Permanent School Fund (PSF)

fund created in 1854, which provides monies for primary and secondary schools. (page 325)

State Highway Fund

fund that supports the construction, maintenance, policing of roadways, and acquires rights of way; funded through a variety of taxes such as motor vehicle registration fees, the federal highway fund, and the sales tax on motor lubricants. (page 325)

The Texas State Board of Education is responsible for all of the following except

funding public school districts.

The National Research University Fund

funds Texas universities seeking national prominence as research institutions.

What are the key U.S. Supreme Court cases involving the death penalty

furman vs georgia - death penalty as being applied is unconstitutional Gregg vs. Georgia - Death penalty itself is not unconstitutional

what is the 19th amendment

gave women right to vote

The Texas land commissioner is not only responsible for leasing and managing state lands but also for

generating funds from oil and gas consumption

Which of the following was not a goal for those writing the Texas Constitution?

giving independence to the judiciary by making all judges appointed, instead of elected

"get on late train"

giving money to candidate you opposed originally, then once they won supported them

In the case of Edgewood ISD v. Kirby, the Texas Supreme Court ruled that

glaring disparities in the funding system for rich and poor school districts violated the Texas constitution

In 2007 the legislature decided to release minors in detention facilities who has been convicted of misdemeanor offenses. Since that time the juvenile crime rate has

gone down.

what s procedural due process?

government actions must be fair

According to the authors of your textbook, one important consequence of a biennial (two-year) budget is that

government agencies must project their budgetary needs well in advance of any clear understanding of the particular problems they may be facing

marit plan

government makes initial appointment for 4 years, then after must be voted by citizens to say longer

Many Texas judges receive their initial seats on the courts via appointment by the Texas

governor

Who is the chief planning officer of the state of Texas?

governor

who decides the agenda for special sessions

governor

In theory, Texas has a dual-budget system, which means that the responsibility for preparing an initial draft of the budget is shared by the ____ and the ____.

governor; legislature

With what does the Fifth Amendment deal?

grand juries, double jeopardy, self incrimination

the 5th amendment states that a person accused of a serious federal crime must go before a ___ ___ in federal district court

grand jury

The percentage of African Americans on death row in Texas is __________ the African American share of the state population.

greater than

Why did some immediately suspect that (Cameron) Todd Willingham might be guilty of setting the fire that killed his children?

had behavior that seemed inconsistent with him, todd got too involved into the fund raiser he was getting.

What sorts of cases do County Courts handle?

handle criminal and civil matters. in criminal matters they handle the original jurisdiction over class A and B misdemeanors. Also have appellate jurisdiction over cases initially tried in municipal or jp courts. Also handle juvenile matters

Since the Temporary Assistance for Needy Families program was passed, the number of people on welfare

has declined.

The settlement the state reached with tobacco companies

has provided a major source of nontax revenue for the state.

Education reforms instituted in the 1980s and 1990s

have been mixed, with improvements in dropout rates and scores on the state's assessment text, but below-national-average performance in graduation rates and Scholastic Aptitude Test (SAT) scores.

In the Introduction to Chapter 7, the authors raise important questions regarding the judiciary in Texas. Which of the following is not one of the important questions raised by the author?

he issue of the U.S. Supreme Court becoming involved in too many Texas judicial rulings

Bob Gammage, and SHSU graduate by the way, is profiled in the video. What very effective campaign strategy did Gammage employ?

he wanted reform, on the telephone making calls, going to fund raising events. The Negative Add, go against the media markets. he called a quits.

What was the verdict in Willingham's trial? What was the sentence?

he was guilty, sentenced to death

Federal expenditures primarily affect the state budget in which two areas?

health and human services and education

Texas's largest single state expenditure is that for

health and human services.

what happened as a result of perrys actions?

heart of national debate for the death penalty

Compared to the nation as a whole, the poverty rate in Texas is

higher

what are examples of single member districts?

house and senate

in texas legislature all bills dealing with state revenue must start in.....

house of reps

What is the ultimate check on the governor?

impeachment

what is the ultimate check on the governor

impeachment

One way to reduce the regressive nature of the Texas tax system would be to

implement a state income tax.

One benefit resulting from the establishment of the Sunset advisory committee is

improved efficiency in the state government

The biggest source of water use in Texas is

in irrigation

How does Texas compare when it comes to death penalty appeals? What are the main reasons for the difference?

in texas they win about half, we fast track appeals, limit the number of them. People on death row who appeal also might get worse representation.

The no pass, no play rule, which keeps students who fail a course from participating in extracurricular activities such as sports, was implemented

in the 1980s, at the recommendation of the State Committee on Public Education (SCOPE), chaired by businessman Ross Perot

One of the attractive features of Texas to businesses has always been the absence of a(n) ____ tax.

income

what are the two most important factors that determine weather someone votes are

income level and education

Water consumption is expected to ____ over the next half-century; existing water supplies are expected to ____.

increase by 10 percent; increase by 10 percent

all of the following are principles generally supported by the tea party movement except

increased immigration

most campaign money goes to...

incumbents

name recognition gives who the biggest advantages

incumbents

Civil Liberties

individual freedoms guaranteed to the people primarily by the Bill of Rights

More important than the express qualifications that are required for election to governor are a persons _______ qualifications, like previously held statewide offices

informal

What are the functions of the Texas secretary of state

international protocol, keeper of state records, and chief election official

What are the functions of the comptroller of public accounts?

investing state funds, forecasting revenue, and collecting taxes

Fisher v. University of Texas

involved 14th amendment/equal protection and UT's use of race as a factor in undergraduate admission

The revenue generated by the sales tax

is larger than the revenue generated by any other tax.

The percentage of Texas residents with health insurance

is lower than in any other state.

The Affordable Care Act (ACA)

is more commonly known as Obamacare; it compels the state to expand its Medicaid program to provide insurance to the uninsured

Compared to most other states, the sales tax rate (6.25 percent) in Texas

is one of the highest in the country.

What has the Court said about symbolic speech-- is it considered protected free speech?

is protected until it brings harm to the society

Texas's highest appellate court level

is the Supreme Court of Texas and the Texas Court of Criminal Appeals.

what takes out ads concerning issues but not to any particular candidate

issue advocacy

Why is the Ruiz v. Estelle case important?

it caused for a federally supervised reforms in order to make the prison system better. Texas did not like the national government stepping in. lasted until 2002

Did the Bill of Rights apply to the states all at once or was it applied to the states over time?

it was applied to the states over time

who is the only texas governor to be impeached and convicted

james Ferguson

The _______ powers of governors include the ability to issue pardons, executive clemency, and parole for citizens convicted of a crime

judicial

What sorts of cases do Justice of the Peace (JP) courts handle?

justice of peace courts hear mostly petty criminal cases, but can also do class c misdemeanors or civil cases.

Which of the following may Texas district courts remove

justices of the peace and county judges

Concurring opinion

justices who agree with decision (vote) but for different reason; votes for the winner in the case

According to rulings by the US Supreme Court, which of the following individuals are prevented from facing the death penalty?

juveniles

what was the most sucessful in winning elections in post WWII era

la raza unida

PAC spend least on

labor unions

Primarily _________ states have several courts of appeal.

large urban

what is substantive due process

law must be fair

Constitutional Law

law stated in the Constitution or in the body of judicial decisions about the meaning of the Constitution handed down in the courts

Statutory Laws

laws passed by a state or the federal legislature

Criminal Laws

laws prohibiting behavior the government has determined to be harmful to society; violation is called a crime

Civil Laws

laws regulating interactions between individuals; violation is called a tort

Governors formal powers to force the legislature to enact legislation, especially the veto authority and the power to call special sessions, are referred to as ______ powers

legislative

__________ has authority to draw new districts if legislation fails to redistrict in the first regular session

legislative redistricting board

A misdemeanor is a

less serious crime that could subject a person to a fine or up to a one-year sentence in county jail.

What is a misdemeanor? What are potential punishments for misdemeanors?

less serious criminal offenses , fine and county jail

When compared to the rest of the nation, the real estate collapse in Texas was

less severe

How has the state dealt with the increasing need for more space to house inmates?

let current prisoners out early Give convicted criminals punishments that do not involve prison time Build more prisons

which of the following is a way to prevent prison overcrowding?

let current prisoners out early Give convicted criminals punishments that do not involve prison time build more prisons

what means of execution does texas currently use

lethal injection

what methods of execution has texas used?

lethal injection, electric chair, hanging, shooting.

In Texas, the method of removal of state judges can depend on the

level of the judgeship.

who becomes governor if governor is impeached, convicted, resigns, or death

lieutenant governor

U.S. Supreme Court justices' term under the Constitution is

life term "with good behavior"

_____ is when the governor strikes out specific spending provisions in large appropriations bills

line item veto

what is it called when texas governor strikes out particular provisions in bill

line item veto

What tool can governors utilize if they do not like a proportion of a proposed bill but generally approve of the bill overall

line-item veto

What type of veto power does the governor of Texas have?

line-item veto and general veto

A council of governments is intended to increase the coordination between

local governments

What do those who believe in judicial activism believe?

loose constructionist

Name the ways a Texas judge may leave office.

lose an election, retire/resign, removed

How can Texas judges be removed from office?

loss an election retire/resign Removed - 1. approval by state commission on judicial conduct 2. governor, addressed by 2/3 voted of senate 3. impeached by the house, removed by senate 4. texas supreme court can remove state district judges

Prior to 2003, tuition rates for public colleges and universities in Texas tended to be

low compared to other states

Which phrase best characterizes Texas's reputation in terms of taxes and services?

low tax, low service

Texas is considered a ____ state.

low tax-low service

Texas is regarded as providing a ____ level of government services while having a ____ rate of taxation

low; low

The preliminary hearing for persons charged with a serious criminal offense are _______

magistrate

What are the functions of the Texas railroad commision?

maintaining safety codes for the trucking industry and setting the rates charged by local natural gas companies

Laws passed by the legislature that apply to all people in a category of citizens are

majoritarian.

How do we select judges in Texas?

majority winner in partisan election

What may a defendant do following a conviction that he/she feels was made because improper procedures were followed in the trial?

make an appeal to improper procedures

In 1995 the Texas supreme court established the commission on judicial efficiency to

make recommendations on the method of judicial selection

Those who favor the state's current tax system, which has no income tax, argue that it

makes the state attractive to businesses.

The Texas legislature addressed the 2011 budget crisis by

making spending cuts concentrated in education and health care.

what is treason?

making war against the United States or giving aid to its enemies.

the most prison-prone group of individuals in society are those that are

male, between the ages of twenty and twenty-nine

What component in Texas Medicare has become an essential part of cost containment programs?

managed care programs

The key problem with counties in Texas is that

many of them are too small and underpopulated to function well

In finding solutions in conflicts between individuals the courts

may create laws that affect individuals other than case participants

In finding solutions in conflicts between individuals, the courts

may create laws that affect individuals other than case participants.

The justice system is dominated by

men.

Also known as the Missouri system, the ________ system is a method of judicial selection by which the governor of a given state appoints judges from a list submitted by a screening committee of legal officials.

merit

What system of electing judges involves appointment by the governor and a periodic retention election

merit and Missouri system

In addition to appointment by governor, which of the following are possible alternatives to Texas's partisan judicial election system that are in use in other states

merit plan and nonpartisan elections

Also known as the Missouri system the _______ system, is a method of judicial selection by which the governor of a given state appoints judges

merit system

in texas governors state of state address is an example of ____ power

message power

a minor criminal offense, usually punishable by a small fine or a short jail sentence is a

misdemeanor

Compensatory damages relate to

monetary awards to the injured party.

PAC private group raises...?

money

debt service

money spent by the state to pay off debt; includes interest and principal payments. (page 330)

Texas spending on a per capita basis is

much lower than the national average

Judicial federalism involves

multiple levels of courts.

The two types of minor courts in Texas are justice of the peace and ______ courts

municipal courts

All of the following case types are heard by county courts except

murder and car theft cases

All of the following case types are heard by county courts except

murder and car theft cases.

What crime was Willingham charged with? Was he offered a plea bargain?

murder, yes, confess and avoid the death penalty. he refused to plea guilty

A capital felony is a crime that involves

murder.

The benefit that many incumbents have during an election is

name recognition.

What sorts of cases do the federal (national) courts hear? The state courts?

national: all cases alleging a violation of national law cases in which the U.S. government is a party State - handles everything else

A defendant must be told the ___ and ___ for the charge and be allowed to question witness against him.

nature; cause

This court system is four-tiered (has four levels)

neither the Texas nor the U.S. Judiciary

This court system is four-tiered

neither the U.S. nor the Texas court system

According to the authors of your textbook, the biggest long-term threat to a balanced budget in Texas is

new short-term and long-term health-care spending commitments prompted by President Obama's federal reforms to health care.

How many of the twelve grand jurors must vote to issue an indictment?

nine

There a currently ____ justices on the U.S. Supreme Court

nine

Are actions taken in the name of religious belief always protected by the U.S. Constitution?

no

Do the U.S. Courts of Appeal listen to the facts of the cases before them?

no

Does the U.S. Supreme Court hear every case it is asked to hear?

no

Is obscene speech is protected under by First Amendment?

no

Assisted Suicide Cases

no constitutional basis for assisted suicide

what is the rule of self-incrimination?

no person will be forced to give evidence against him or herself.

Is the number of justices on the U.S. Supreme Court set by the Constitution?

no, not in the constitution

Was the Bill of Rights a piece of the original U.S. Constitution?

no; it was added on

The General Revenue Funds budget is for

nondedicated revenue that functions as the state's primary operating fund

It is unlikely that Texans will have an income tax in the foreseeable future because

nondedicated revenue that functions as the state's primary operating fund.

Lobbyist cant

none

How did the U.S. Supreme Court get the power of judicial review?

not found in constitution; courts made it up

what movemet was interested in limiting the influence of wall street and big buisness in america

occupy movement

Desegregation of Texas schools

occurred when the state legislature created financial incentive programs for reluctant districts to comply

Majority opinion

official opinion of court; votes for the winner in the case

Federal money is an important part of the Texas budget. Money that Texas receives from the federal government

often comes with strings attached, which is mainly that Texas must spend a certain amount of their money before the federal money will be given

What did the official state report regarding the initial investigation into the source of the fire say?

on the floor, he poured some gasoline/ charcoal lighter fluid. 22 accounts of arson

At 6.25 percent, the state sales tax in Texas is

one of the highest in the country.

What party was Texas in the late 19th and early 20th century?

one party democratic

What is "due process of law" and where does in the U.S. Constitution is due process talked about?

one shall not be deprived of there life, liberty, or property without the due process of law. Meaning it should be fairly judged before determining something. it is talked about in the 14th amendment

A court with original jurisdiction hears _____ cases.

only initial

What has the Court said about obscenity-- is it considered protected free speech?

outside the bounds of constitutional protection

Most of the funds in the Texas state budget lie

outside the direct control of the state legislature.

The inherent power of the state to protect persons legally incapable of protecting themselves before the law is known as

parens patriae.

How are Texas judges chosen?

partisan election

In what manner are trial and appellate court judges in Texas elected?

partisan election

What method of judicial selection is used in Texas

partisan elections

What method of judicial selection is used in Texas?

partisan elections

what is the most important part of a judicial candidate's campaign in texas

party affiliation

In the role of ______ _________ governors lead their party and aid in its development and growth

party chief

The Permanent University Trust Fund was established to

pay for college tuition of middle-class students who attend a Texas public university.

When reviewing crime rates, there is a strong correlation between the _______ and crime rates.

percentage of the population living in urban areas

Unlike justices of the peace, Texas municipal courts cannot

perform marriages and serve as small claims courts

What are the duties of the Texas department of agriculture

pest management, inspection and certification of measuring devices, and marketing Texas agricultural products

a very common method prosecutors use to maintain high conviction rates is an

plea bargain between the defendant and the state

What are the common pre-trial activities that occur after indictment?

plea bargaining or mediation - where they plea guilty so they get a lesser punishment. It is usually arranged by both parties so they can avoid a jury. Less than 1% are adjourned by a jury in county and district trial courts

Most people charged with a crime

plead guilty without a jury trial

What describes a structure in which government shares power with many other elected?

plural executive

A system in which voters elect many statewide officeholders to serve as heads of departments is known as what?

plural executive structure

Texas governors do not have an ______ veto, so a bill automatically becomes law even if they don't sign it

pocket

a _____ was a tax charged to voters as a pre req for registration

poll tax

what is the 24th amendment

poll tax made illegal in federal elections

Article III, Section 49a

portion of the Texas Constitution that requires the state to maintain a balanced budget. (page 329)

Judicial Review

power of the Supreme Court to rule on the constitutionality of laws

The rulings of appellate and supreme courts serve as especially important _____ for future legal decisions

precedents

The rulings of appellate and supreme courts serve as especially important ______ for future legal decisions.

precedents

what is the most local _____ district is called a

precinct

How are federal (national) judges chosen? How long do they serve?

president picks them and is approved 2/3 vote by the senate. They serve for life

In Texas who follows the lieutenant governor in order of succession

president pro tempore of the Texas senate

in what election is voter turnout the highest

presidential elections

voting republican president but state democratic state offices

presidential republican

Dangerous persons can be held without bail under ___ detention.

preventive

what does the 5th amendment do?

prevents the federal government from depriving anyone of life, liberty, or property unless the rules of due process are followed.

The federal government's efforts to prevent the New York Times from publishing "the Pentagon Papers" is an example of failed attempt as

prior restraint

Shortly after Texas joined the union, the first state ___________ in Texas was constructed in Huntsville.

prison

Texas ranks last among all 50 states for indigent criminal defense spending. As result, thousands of low-income Texas represent themselves without an attorney, or

pro se.

what do the police need to get a warrant to search a home.

probable clause

what is a phrase for "real suspicion of a crime?"

probable clause

what means that government actions must be fair

procedural due process

Which of the following is the chief duty of the legislative budget board

producing the state budget

TMA is what type of interest group

professional

Aside from the Great Recession, what was the other major cause of the financial shortfall faced by the 2011 state legislature?

property tax reform

What are the main sources of revenue for special districts in Texas?

property taxes and user fees

which individual has the vast amount of discretion in determining whether to ch....

prosecuter

the purpose of the Biennial Revenue Estimate is to

provide a detailed forecast of total revenues that the state is expected to take in

political parties

provide label for people to identify themselves under

Stage agencies create their own strategic plan to

provide the information the Legislative Budget Board needs to make funding recommendations.

The Children's Health Insurance Program

provides coverage for children in families with incomes too high to qualify for Medicaid.

constituency services provided by texas reps may include all except

providing legal services in court

The second-largest expenditure by the state is for

public education.

States use the police power to safeguard the ___ ___, ___, ___, and ___ ___ of citizens.

public health; safety; morals; general welfare

Which of the following is true of governors crisis manage role

public perceptions of a governors leadership are affected by this role and in this role governors deal with natural or man made diasters

Damages designed to punish the defendant in a civil case are called

punitive damages.

Grutter v. Bollinger

race can count BUT not too much

In 1968, the Supreme Court ruled that ___ ___ by a private person was illegal.

racial discrimination

bribery is...

rare, not unheard of

The rate at which criminal offenders commit crimes after they leave the state's custody is known as

recidivism

The Legislative Budget Board (LBB) was created by a 1949 law to

recommend appropriations for all agencies of state government.

The princiapl job of the Legislative Budget Board is to

recommend appropriations for all agencies of state government.

what is the tx legislature responsible for?

redistricting the tx delegation to the us congress

Supporters of an income tax in Texas argue that it would

reduce the regressive nature of the Texas tax system, which falls too heavily on lower-income individuals.

To address the budget shortfall in the 2012-2013 budget, the most common tactic used by the legislature was

reducing spending

Most commentators believe that the tax system in Texas is too

regressive; the tax burden falls more heavily on low-income individuals.

Which of the following are methods of judicial removal used by at least one state

removal by the state legislature with a supermajority vote, impeachment, and judicial conduct commission

While governors can make appointments to many positions they cannot _____ many appointees while they are in office

remove

In Texas, the State Commission on Judicial conduct can take all of the following actions concerning of a judge except

remove the judge

The 2012 state water plan

represented an important shift in the focus of water policy from flood control or hydroelectric power generation to the provision of water

major competition for important statewide offices in present day texas

republican primary

____ if passed lacks the force of public law

resolution

In which of the following areas are judges that are appointed by the governor considered to be weak

responsiveness

In the states that use the merit plan, after their term is up the judges must stand for a________ election

retention

What is the job of the appeals courts? Do they hear civil or criminal cases (or both)?

review the work of trial courts to insure that legal rules were followed and the law correctly applied. Do not hear witnesses or review evidence, they review the written record of lower-court deliberations and decisions and the written briefs. They hear all civil and criminal cases.

For what does the Sixth Amendment provide?

right to a fair trial; speedy and public trial, trial by an impartial jury, and right to legal counsel

If a person is indicted, what Constitutional rights does the accused have? What amendment in the U.S. Constitution protects these rights?

right to an attorney, and having a jury of peers. 6th amendment

With what does the Second Amendment deal?

right to bear arms

what did the 2nd amendment state?

right to bear arms

With what does the Ninth Amendment deal?

right to privacy

Exclusionary Rule

rule created by the Supreme Court that evidence illegally seized may not be used to obtain a conviction

Clear and Present Danger Test

rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger

a ___________ occurs when the winner of a primary election fails to win an absolute majority of the voters cast

runoff election

The Supreme Court's rulings on the Civil Rights Acts of 1866 and 1875

said the Acts only applied to the national government

The most important single tax financing Texas government is the

sales tax.

The 3rd and 4th Amendment makes it illegal in most cases for the government to do what?

search a home without good reason.

With what does the Fourth Amendment deal?

search and seizures

Public education is the ___________ largest source of expenditures for Texas

second

Which plural executive is NOT elected by voters

secretary of state

what is the purpose of a primary election

select party's candidate for the general election

The process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment is known as

selective incorporation

The rule against _____ means that no person will be forced to give evidence against him- or herself.

self-incrimination

A home-rule charter allows for some degree of ____________ for a city with a population in excess of 5,000.

self-rule

The process known as ______ ______ limits the discretion of governors by forcing them to clear their appointments with the state senator from the appointees home district

senatorial courtesy

What was challenged in the 1896 case of Plessy v. Ferguson?

separation of races in public places

What is the term in office of most trial court judges in Texas? For appellate court judges?

serve four year terms for trial judges Municipal (serve 2 year renewable terms) appellate court judges serve 6 year staggered terms.

In the Bakke case, the Supreme Court ruled that

setting quotas in university admissions based solely on race was unconstitutional

Judicial federalism describes a system in which judicial authority is

shared between levels of government.

According to the video, Judge Calagero sided with who (corporations or citizens) in the case about "Rule 20" when he ruled on it? Why might have done this?

sided with corporation, so he can get money for the re-election

what does not require the signature of the governor

simple resolution

Health and human services are the ____ largest state expenditure for Texas

single

Texas's department of housing and community affairs, department of commerce, insurance commissioner, and public utility commission council are all

single head agencies

what 2 things did the 13th amendment end?

slavery and involuntary servitude

justice of the peace courts handle which kind of disputes

small claims

what court case announced primary elections states could not restrict voters on account of race

smith vs allwright

In Texas, why are gubernatorial elections held in off years?

so that gubernatorial elections will not be influenced by a presidential election

Jim Crow laws

southern laws designed to circumvent the 13th, 14th and 15th amendments and to deny blacks rights on bases other than race

in texas house of reps, ______ has power to allow members to speak in floor debates

speaker

What did the group TXPAC (an interest group) set out to do? Were they successful?

spear-headed the business, rally doctors to seize control supreme court and challenge members of texas supreme court. yes, 5/9 judges were replaced because of them. replaced by TxPac judges

Which unit of local government performs a single service in a limited area?

special district

• 1,209 municipalities in Texas • Municipalities are state creations. - The state can create, merge, or disband them. • Towns with >5,000 residents may apply for "home-rule" status. - City charter recognized by the state • Alternatively, towns may follow the basic rules set out by the state for all municipalities. • Mayor-council form of city government - City has a mayor and city council - Mayor is elected from city at-large - Council either at-large or single-member districts - Council acts as city legislature • Strong v. weak mayor differences - Personnel: can hire and fire department heads - Budget authority - Degree of power shared with city manager • Council-manager government - Most common in Texas • 250 of 291 home-rule cities in the state - City council may select a mayor, or mayor elected - Council hires a city manager to run the city - Manager does not campaign or run for office • Applies for and holds executive public position much like public school superintendents, who are hired by local school boards

special districts • Local government that performs a single service within a limited geographical area SCHOOL DISTRICTS • School board of trustees - Adopts a budget and sets the tax rate - Hires superintendent • Most districts, superintendent hires district personnel • Smallest districts, board may take on those duties - Selects textbooks - Sets school calendar NONSCHOOL DISTRICTS • Municipal utility districts (MUDs) - Provide services to certain areas outside of cities • Flood control districts • Community college districts • Hospital districts • Water districts COUNCILS OF GOVERNMENT • Councils of governments (COGs) - Regional planning boards that try to coordinate efforts of local governments - Comprised mostly of elected officials • May include other community members - Deal with issues relevant to several local governments • Make sense in large areas where there are many layers of local government and coordination may be useful

A municipal utility district (MUD)

specifically addresses the needs of developers

What solutions were put into place to address the budget crisis of 2011?

speeding up the payments of various taxes on alcohol and motor fuels

To solve the budget crisis of 2011, legislators and the governor relied on

spending cuts focused on education and health care.

A court's jurisdiction defines that court's

sphere of authority.

The judicial principle of tending to honor precedents in similar cases is

stare decisis

The principle that all court decisions should be consistent with precedents is called

stare decisis

Which of the following best describes democratic control among state agencies

state agencies must be responsible to the people

Which judicial agency licenses attorneys?

state bar

in texas what is the highest level of temp. party organization

state convention

Which system of courts, state or federal (national), handle more cases?

state handles more cases than the federal. Trial courts is most

24.6% texas is uninsured

state taxes- 7.9% sixth lowest state

Which state office was eliminated in 1996?

state treasurer

At which court level are most cases heard?

state trial courts

How are state courts created

states create their own courts

______ _______ voting allows a voter to vote for all candidates in a party by making a single mark on the election ballot

straight ticket

What do those who believe in judicial restraint believe?

strict constructionist

Compared to other states the tenure of the Texas governor is

strong

Compared to other states, the tenure of the Texas governor is

strong

When a mayor has the authority to appoint department heads and advisory board members, he or she is called a ____________ mayor

strong

... which source of university revenue began to increase most rapidly?

student tuition and fees

what means that a law must be fair

substantive due process

The Gilmer-Akins Laws

supplemented local funding of education with public money, mandated a minimum length for the school year, and provided for more state supervision of public education.

Most state courts consist of three levels of courts:trial courts, appellate courts, and a _______ court

supreme

who reviews the desicions of lower courts to determine whether legal principles and court procdures were followed correctly

supreme court & appelate jurisdiction

Plessy v. Ferguson

supreme court ruled that segregation public places facilities were legal as long as the facilities were equal

What is the importance of the Miranda case?

supreme court says that police has to tell the offender that they have the right to remain silence

In texas, there are two supreme courts. The court of criminal appeals focuses on criminal cases, while the ______ court focuses on _____ and juvenile cases

supreme, civil

What effect has economic growth in Texas had on the state's poverty rates?

surprisingly little

What is the jurisdiction of trial courts?

take evidence, hear testimony, determine guilty or innocence, and apply relevant law. They can hear both types of cases

Which movement has had the biggest impact on state legislature in recent years

tea party movement

Both the legal ability of a governor to succeed themselves in office and the length of a governors term are known as ______ of office

tenure of office

Compared with governors of other states, Texas governors are weak in formal powers, although they have a few key strengths. These strengths are seen in which of the following areas?

tenure of office and veto authority

Judges in this court system must face voters in elections to keep their jobs

texas judiciary

The pay-as-you-go limit in the Texas budgeting process means

that the comptroller must certify that all bills proposed in the legislature are within available budget limit projections.

Which office is charged with ensuring the accuracy of official weights and measures?

the Department of Agriculture

Free Exercise Clause

the First Amendment guarantee that citizens may freely engage in the religious activities of their choice

Establishment Clause

the First Amendment guarantee that the government will not create and support an official state church

What factors lie behind the budget crisis of 2011?

the Great Recession and property tax reform

The organization that was created by a 1949 law to recommend appropriations for all agencies of state government is

the Legislative Budget Board (LBB).

In 2012, the Commission on Judicial Conduct refused to comply with

the Sunset Advisory Commission.

A balanced budget is required for the state of Texas by

the Texas Constitution.

What information provides the basis for the Legislative Budgeting Board's funding recommendations for each state agency?

the agency's strategic plan

Original Jurisdiction

the authority of a court to hear a case first

Appellate Jurisdiction

the authority of a court to review decisions made by lower courts

An appropriation is

the authorization by the legislature to a government agency to spend up to a particular amount of money.

in texas legislature, when a committee chair "pigeon holes" a bill, what happens?

the bill is set aside before it is ever discussed in committee

All Funds budget

the budget that aggregates all monies flowing into the state treasury and all state spending. (page 313)

The budget crisis of the mid-1980s were caused by

the collapse of oil prices.

What is a court's "jurisdiction"?

the constitutional or legal rights of a court to hear certain types of cases

The U.S. Supreme Court gained the right of judicial review from

the court case Marbury v. Madison

The party alleged to have committed the wrong at issue in a suit is called

the defendant.

What makes the greatest difference between strong and weak governors of Texas?

the differences in personality

Separate but Equal Doctrine

the doctrine established by Plessy v Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities

Article VIII, Section 22, limits the biennial (two-year) growth of appropriations from state revenue not dedicated by the constitution to

the estimated growth of the state's economy.

Next to revenue generated by state taxes, the second largest source of state revenue comes from

the federal government

As a result of the trust funds and other direct funds in the state budget

the governor controls most of the state budget process.

what is the most important role the governor of texas plays in the judicial process

the governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held

in misdemeanor convictions, individuals lose their rights to which of the following

the individual will not lose any of these rights

during the first appearance before a judge, referred to as the arraignment what will likely happen

the judge will repeat the due process rights of the accused and set bail

In Chapter 7, the authors cite reasons the Texas court system is more confusing than it needs to be. Which of the following is a contributor to this confusion?

the jurisdiction of Texas courts

Marbury v. Madison

the landmark case that established the U.S. Supreme Court's power of judicial review

...The primary player in the budget is

the legislature

What is meant by the budget-execution authority?

the legislature's power to establish rules for the expenditure of funds by state agencies

In Texas, if a sitting governor is unable to hold office due to impeachment and conviction, resignation, or death, who becomes governor

the lieutenant governor

The governor can unravel the compromises made by legislators through the committee system through

the line-item veto.

In order for a personal income tax to be put in place in Texas,

the measure would have to be approved by voters in the state first.

Prosecuting attorneys are, according to the authors of the textbook,

the most important actors in the Texas criminal justice system.

Which principle of government is the key to understanding the drafting of the Texas Constitution of 1876?

the necessity of strong limitations on the authority of state officials

the governor has few formal powers so....

the office is one of the weakest chief executives in the US

Under the Texas partisan election system, judges must win nomination in

the party primary and the general election.

For most governors the gubernatorial office is _____ of their political career after which they ______

the peak: retire from public life

The party claiming to have been wronged and bringing a suit is called

the plaintiff.

What is the most significant and far-reaching of the Texas governor's powers?

the power to appoint boards and commissions

In Chapter 7, the authors describe problems in the Texas judiciary. Which of the following is not cited as a problem by the authors?

the problem of the Texas Legislature appointing judges based on partisanship

In Texas, which officer in the plural executive is not elected by voters?

the secretary of state

General Revenues Fund

the state's primary operating fund. (page 324)

The tax system in Texas is generally considered to be regressive, which means that

the tax burden consumes a greater percentage of income received by lower-income individuals

which of the following makes the decision to grant parole

the texas board of pardons and paroles

The first appeal on a death penalty case goes to

the texas court of criminal appeals

Rule of Four

the unwritten requirement that four Supreme Court justices must agree to grant a case certiorari in order for the case to be heard

A per curium opinion is an opinion that represents

the whole court, without individual signatures.

What did the arson scientist (Hurst) say about whether the fire was arson or not?

there was no arson, he was not guilty

What is the Texas Forensic Science Commission, what did they do, and what did they conclude?

there was no evidence of arson. They detect dna shit.

What does it mean when the U.S. Supreme Court grants certiorari?

they agree to hear a case

Which of the following is not true of judges in Texas?

they all must be confirmed by the Texas senate

If a defendant is found not guilty, what happens next?

they are free

Why did some people come to believe Willingham did not commit arson and kill his children?

they believed he was a good guy

Texans resist change in the judicial system because

they distrust government.

What sorts of cases do municipal courts handle?

they handle minor criminal matters for which penalties are fines but not jail time. Deal with all class C misdemeanor traffic violations that occur within the city. 75% of case load. handle minor violations of criminal law, public intoxication, littering, petty theft etc. Also hold preliminary hearings in cases of serious crimes.

an individual convicted of a _______ felony will receive a punishment of two to ten years in prison and possibly a fine of up to 10,000

third-degree

Civil Right Act of 1964

this act banned segregation in all places of public accommodation, prohibited federal money from being used to support segregated programs and created the Equal Employment Opportunity Commission to guard against employment discrimination

If a person publishes material that is determined to be obscene

this person is not protected by the 1st amendment

Based upon a provision in the penal code, a person convicted of __________ felonies can be sentenced to life in prison.

three

According to the authors of the textbook, probably the biggest constraint on the budgetary process has to do with

time limits.

Why are death penalty cases automatically appealed in Texas

to ensure procedural accuracy

what is the purpose of special elections

to fill vacancies in elected offices

What is the primary task of the Texas secretary of state?

to handle elections and voter registration

Why was the Texas Forensic Science Commission established in 2005?

to investigate claims of misconduct or errors by forensic scientists

What is the most important function of the Texas governor's staff?

to keep the governor informed about problems and issues

What is the main role of the precinct convention

to select delegates for county convention

What did Willingham and his attorney ask the Texas courts and the U.S. Supreme Court to do after the arson scientist's evidence emerged? Was the request granted?

told him he was not guilty, request was not granted

What sorts of cases do State District Courts handle?

top trial courts in texas. have both criminal and civil jurisdiction. two third civil. Deal with family law (divorce, child custody), land disputes, wormers compensation claims, personal injury suits. Criminal cases include all felonies for which jail time might be assessed.

Senatorial Courtesy

tradition of granting senior senators of the president's party considerable power over federal judicial appointments in their home states

the majority of cases in municipal courts involve

traffic and parking violations

What are the differences between trial and appellate courts?

trial - courts of original jurisdiction, they take evidence, hear testimony, determine guilt or innocence, and apply law. Appellate courts - do not take testimony or scrutinize facts; they hear appeals from the losing party at the lower-court level claiming that procedures were unfair or the law wrongly interpreted and applied.

When a judicial office becomes vacant, the governor of Texas may appoint a replacement

true

Unlike appellate courts, which involve virtually no direct citizen participation, trial courts have citizens participate as members of juries and as witnesses during trials

ture

How many types of minor courts are there in Texas?

two

which is not a description of interest group

typically active only at national level of governement

What is an especially desired gubernatorially appointed position among supporters who give large campaign contributions to Texas governors election campaign

university governing boards

Gregg v. Georgia

upheld the death penalty was NOT cruel and unusual punishment

Regents of the University of California v. Bakke

using a quota system based on race is unconstitutional

In what instances can the Texas governor fill a seat for district or appellate court

vacancy because of resignation, a new position created by the legislature, and vacancy because of death

The role of the Texas governor in budgeting is

very limited

Judicial Activism

view that the courts should be lawmaking, policymaking bodies

Judicial Restraint

view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past

what type of offenses are texas prison inmates most likely to be imprisoned for

violent offenses

The Rainy Day Fund

was designed to provide funding for the state during times of financial distress.

The supreme court said that the death penalty itself _____ unconstitutional in the case of Gregg V. Georgia

was not

how does Texas compare to other states in terms of the number of prisoners it executes?

we are the highest

texas has ___ laws dealing with lobbying by former government official

weak

Whats the other thing men who have been governor have had in common?

wealth

The justice system is dominated by

wealthy judges.

What new controversy has arisen recently?

webb was told to say that he lied, john jackson made a secret deal, john jackson was trying to get him out of jail. texas state bar is reviewing the matter.

Where do the cases the high courts here come from?

what?

In which of the following situations can the Budget execution committee exercise restraints over the state budget?

when there is a shortfall in projected revenue

What is a sentencing enhancement? (e.g., "three strikes" provision)

where when one person has many charges, his next sentenced is "enhanced" and counts for a more serious crime.

A Court of Appeals considers

whether proper legal procedures were followed

typical texas legislature is most likely to be...

white affluent buissnessmen

Which of the following descriptions apply to most governors nationwide?

white and well educated

A merit system for selecting judges has been proven to encourage the selection of ________ and ________ justices.

white, male

what does the general election decide

who is elected to an office

jurors determine a guilty verdict in criminal cases

with a unaniomous vote

When acting as intergovernmental coordinator, governors must

works with federal officials to promote state interests

A Texas personal income tax

would have to be passed through a constitutional amendment.

what is a court order telling an officer to bring a prisoner to court and explain why he or she is being held.

writ of Habeas Corpus

Libel

written defamation/lies of character

Do federal district courts get to hear both civil and criminal cases?

yes

Do most states have the death penalty these days?

yes

Has the U.S. Supreme Court used its power of judicial review to shape policy in the nation?

yes

If a case goes to trial, does a jury of 12 people always decide the case?

yes

Is a search considered "reasonable" if either a warrant or probable cause is present?

yes

if the grand jury votes a true bill, will the person be charged with a crime?

yes

Education Policy in Texas: Segregation • Texas Constitution called for segregation - Black students had fewer school days, - One-third less funding than white students • State legislature passed a resolution in 1957 opposing Brown v. Board (1954) decision desegregating public schools. • Many districts are still de facto segregated by residence patterns Education Policy in Texas: Funding • San Antonio ISD v. Rodriguez landmark case addressed equity in public school funding • 1971, Texas school finance system ruled unconstitutional - Violated 14th Amendment equal protection clause. - Overturned on appeal by the U.S. Supreme Court. • Edgewood ISD v. Kirby (1989) - State Supreme Court declares existing funding system in violation of state constitution - Funding public school districts with local property taxes violated Texas equal protection and efficient systems clauses • Vast differences in property values from one school district to another produced an unequal system of school funding

• "Robin Hood" funding system emerged as a result of the Edgewood decision - Property wealthy districts share their local tax revenue with poor districts • Wealthy districts pay "wealth equalization" share of their local property taxes back to the state • The state redistributes funds to poor districts - Poor districts retain their local property tax dollars and receive additional funds the state collects from the wealthy districts • Robin Hood system remains in place today • Texas has 1,265 school districts • As of September 2012, 374 districts designated by state as "property wealthy" - First year of program, only 35 in that category • Education Reform in 1980s - Select Committee on Public Education (SCOPE) - Made 140 recommendations - Centralized state control over education • Education Reform in 1990s - Students in low-performing schools have some ability to move out of them - Gov. Bush lead effort, foundations of NCLB • Twenty years after reforms, mixed results - Dropout rates declined • Controversy remains about how these data are derived - Scores on standardized tests rose • Controversy remains about curriculum and daily classroom effort driven by state testing • 2011 state legislature budget cuts to education may jeopardize many of the reform initiatives of the previous 20 years.

• More authority in sparsely populated areas • Administer state laws (do little legislation) • Historical origins, began as "municipalities" - 1835, 23 municipalities - 1836, Republic of Texas changes name to "counties" - 1921, there were 254 counties (same as today) • County commissioners court - Main governing unit of the county - Sets budget and county tax rate • County may not legislate much, but tax rates certainly impact local residents, business, and industry • Composition - One county judge - Four county commissioners

• County judge - Elected countywide - Four-year terms, no limits - In rural counties, may also serve as actual judge - Most cases is administrator for the county • County commissioners - Elected by geographic districts • Each one-quarter of county - Four-year terms, no limits • County government responsibilities - Maintain roads, bridges, and county jails - Cover some health care costs for indigent - Large counties maintain public facilities • Libraries, parks, or public hospitals • Assist with natural disaster logistics and costs • Administer all elections in the county - No matter the offices on the ballot, counties are responsible for election administration

In 2010, Congress passed two bills known as the Affordable Care Act (ACA), often referred to as Obamacare. - The Patient Protection and Affordable Care Act - The Health Care and Reconciliation Act of 2010 • Two key provisions for states to implement - State Health Care Exchanges - Expand Medicare • State Health benefit Exchanges - Assist in accessing affordable health insurance • Texas (among other states) has indicated the state will not establish a state health exchange - The federal government will run exchanges in states that choose not to set up their own system

• Governor Perry also rejects expanding Medicaid provision of ACH - Opposes expanding government and the state absorbing more program responsibilities • The Texas Legislature and/or future Texas government administrations may compromise on the exchanges and Medicaid provisions - Rejecting Medicaid means Texas does not receive millions in federal dollars WATER POLICY • Access to water is necessary for a thriving economy and expanding population • Texas's water consumption projected to increase by 82% in next 50 years. • A statewide water policy is difficult because of the diverse climates within the state - Floods and droughts simultaneously occur in Texas

• County government responsibilities, staff, and resources vary dramatically - Reflect population and land size differences • Compare - Loving County: pop. 94; size 681 sq. mi. - Harris County: pop. 4.2 million; size 1778 sq. mi. • Medium and small counties vulnerable - Natural disasters, costly trials can exhaust budget FUNCTIONS OF GOVT • Five main functions of county government 1. Road and bridge construction and maintenance 2. Law enforcement 3. Disputeresolution 4. Record keeping 5. Socialservices

• Law enforcement - Sheriff: chief county law enforcement officer - Provide deputies for courthouses - Maintain county jails • County and district courts - Attorneys for county and district • DAs typically handle the more serious crimes. • County prosecutors take less serious cases. • In smaller counties, duties are not split in that fashion • County clerks keep records. - Vital stats for county (births, deaths, marriages) - Issue licenses (driving, marriage) - Maintain court records - Record property transactions • Dispute resolution - Justice of the peace, county and district courts resolve civil disputes Functions of County Government • Counties may provide a range of services. - Some of them are a matter of administering federal- and state-funded programs • Nutrition and housing assistance • Health care (including mental health) • Public health monitoring and records • Public parks • Fire and sanitation

• LBB 1. Analyzesagencyprograms 2. Estimatescostsofnewlegislation 3. Creates a draft budget for the legislature • First stage of creating a budget - LBB reviews 5-year projections from each department • Hearings are held before legislature begins session - Comptroller determines Biennial Revenue Estimate (BRE) • The BRE can be updated if dramatic unforeseen changes take place

• Second stage of creating a budget - House Appropriations and Senate Finance Committees are sent proposal • Committees hold hearings and draft legislation - Final budget is passed - Comptroller certifies budget - Sent to governor for veto or signature

Education Policy in Texas - Debate over Texas public education extends back to period when Texas was part of Mexico. - Republic of Texas Constitution requires public education system; legislature adopts one 1854 - Constitution of 1876 established the Permanent School Fund, specifies funding guidelines. - Public education policy was left to local school districts until the 1940s • State legislature attempted to address problems associated with public school funding and facilities. - Debate over Texas public education extends back to period when Texas was part of Mexico. - Republic of Texas Constitution requires public education system; legislature adopts one 1854 - Constitution of 1876 established the Permanent School Fund, specifies funding guidelines. - Public education policy was left to local school districts until the 1940s • State legislature attempted to address problems associated with public school funding and facilities.

• State Board of Education - 15 members, 4-year terms - Oversees the Permanent School Fund - Executes the education budget - Nominates commissioner of education - Purchases textbooks and shapes what is in them • Curriculum, content, and materials covered in books reflects what the SBOE wants—Texas is a huge market for companies selling textbooks and testing services - Sets education standards for students and schools Three issues have shaped Texas public educational policy over the last fifty years: 1. Desegregation 2. Equity in public school funding 3. Search for educational excellence - How to measure and demonstrate - High stakes testing

• The state constitution requires that the legislature operate within a balanced budget. • The Texas budget five broad categories: - general revenue funds budget - general revenue-dedicated funds budget - federal funds budget - other funds budget - all funds budget.

• Texas Tax Policies - No state income tax - Relatively high property and sales taxes • 10th highest sales tax (6.25%) in nation • Texans pay less taxes compared to people in most other states - State taxes per capita rank Texas #48 - Local taxes at #13 - Overall at #32

• Local officials should be easily accountable to the public. • Conditioned upon public and media attention - More time cost to follow local news and politics • Easier to keep informed of higher offices - High volume of national media coverage in virtually all outlets, including local news

• Texas has more than 4,835 local governments. - That is *a lot* of government for a state so much associated with limited and small government. • 254 county units • 1,209 municipal (cities) units • 1,082 school districts • 2,291 special districts - Ex.: water, utility, community college, hospital

• Private property rights make Texas water policy even more complicated. - Spanish law, traditional English common law, and statutory law • Texas law recognizes several legal classes of water rights governed by different rules - For example: laws governing surface water and ground water, for example, sharply differ.

• The Texas Water Development Board - Primary water planning and financing state agency • Several more local and state government agencies and boards oversee water policy and planning - Drainage districts - Conservation and reclamation districts - River authorities - Water and control improvement districts