Government Exam 4

Front 1

The Texas school finance case in 1989, in which the Texas Supreme Court unanimously ordered major, basic changes in the financing of public education to provide more equity between rich and poor school districts, is the ______ case.

Back 1

Edgewood v. Kirby

Front 2

What capital crimes are eligible for the death penalty under current Texas law?

Back 2

Murder committed under specific circumstances.
- Murder of a law enforcement officer or firefighter who is on duty.
- Murder committed during the course of committing certain other major crimes
- Murder for hire
- Murdering more than one person
- Murder of a prison guard or employee
- Murder committed while escaping or attempting to escape from a penal institution
- Murder of a child younger than 6

Front 3

Define the areas of civil and criminal law.

Back 3

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

Criminal law lis the body of law that deals with crime and the legal punishment of criminal offenses.

Front 4

In a criminal case, the punishments for the guilty can be ___.

Back 4

A guilty defendant is punished by incarceration and/or fines, or in exceptional cases, the death penalty. Crimes are divided into two broad classes: Felonies and Misdemeanors.

Front 5

The U.S. and Texas _____ form the basic legal framework of the Texas court system.

Back 5

constitutions

Front 6

In criminal cases, the _____ initiates action against a person accused of a crime.

Back 6

state

Front 7

Most minor crimes are classified as Class A, B, or C ___.

Back 7

misdemeanors.

Front 8

_____ degree felonies are punishable by a prison sentence of 2-20 years.

Back 8

2nd

Front 9

_____ degree felonies are punishable by a prison sentence of 5-99 years or life.

Back 9

1st

Front 10

The body of Texas law that defines criminal offenses and sets a range of punishments that can be assessed is the ___.

Back 10

Penal Code

Front 11

Minor crimes usually punishable by a fine and/or a short sentence in county jail are called ___.

Back 11

misdemeanors.

Front 12

By 2008, more than _____ men and women had been executed in Texas by lethal injection.

Back 12

300

Front 13

In 2010, ___ men and women were executed by lethal injection.

Back 13

17

Front 14

______ provides an avenue of relief against corporate abuses.

Back 14

Civil law

Front 15

_____ determines liability for personal injuries.

Back 15

The penal code

Front 16

One must _____ before a civil dispute can be resolved by a court.

Back 16

file a lawsuit

Front 17

There were _____ individuals executed in Texas from 1924 to 1964, when executions were suspended because of legal challenges.

Back 17

361

Front 18

There are _____ levels of Texas courts.

Back 18

5

Front 19

If a jury cannot return a unanimous verdict, the judge must declare ___.

Back 19

mistrial

Front 20

Courts of _____ jurisdiction are empowered to reverse the judgments of lower courts and to order cases to be retried if mistakes were made.

Back 20

appellate jurisdiction

Front 21

The existence of two courts at the highest level of the state judiciary is referred to as a ___.

Back 21

a bifurcated court system

Front 22

A plea of “no contest” to a charge of criminal wrongdoing is also called ___.

Back 22

nolo contendere

Front 23

Texas governor Rick Perry has issued _____ for several men after DNA evidence proved they had been wrongfully convicted.

Back 23

pardons

Front 24

Vacancies on the district and appellate benches are filled by ___.

Back 24

governor

Front 25

Defendants may plead guilty, not guilty, or ___.

Back 25

no contest. (nolo contendere)

Front 26

A court of limited jurisdiction that hears cases involving city ordinances and primarily handles traffic tickets is the ______.

Back 26

municipal courts.

Front 27

Municipal and justice of the peace courts are courts of ___.

Back 27

limited jurisdiction

Front 28

The early release of an inmate from prison, subject to certain conditions, is called ___.

Back 28

parole

Front 29

Many _____ courts are accused of serving as revenue raisers for local governments.

Back 29

limited jurisdiction

Front 30

The _____ is/are the second level of courts in Texas, offering fourteen courts and eighty justices.

Back 30

court of appeals

Front 31

The _____ have original jurisdiction at the state level.

Back 31

trial courts

Front 32

Each of Texas’s highest appellate courts have _____ justices.

Back 32

9

Front 33

Due process is intended to protect an individual from ___.

Back 33

governmental abuses.

Front 34

The primary trial court in Texas is the ___.

Back 34

district court.

Front 35

Elections in which judges run on their own records rather than against candidates are called ___.

Back 35

retention elections.

Front 36

A nine-member court with final appellate jurisdiction over civil cases is the Texas ___.

Back 36

Supreme Court

Front 37

A nine-member court with final appellate jurisdiction over criminal cases is the Texas ___.

Back 37

Court of Criminal Appeals

Front 38

County attorneys and district attorneys in Texas are primarily selected by what method?

Back 38

They are elected

Front 39

The _____ functions, in theory, to ensure that the government has sufficient reason to proceed with a criminal prosecution against an individual.

Back 39

Grand jury

Front 40

The first woman to serve as a state district judge in Texas was appointed to the bench in ___.

Back 40

1935

(Sarah T. Hughes of Dallas) <---- not part of the answer technically.

Front 41

There are _____ persons who sit on a grand jury, selected by a district judge from a list proposed by a jury commission.

Back 41

12

Front 42

Which individual was appointed U.S. attorney general after serving on the Texas Supreme Court and as Texas secretary of state?

Back 42

Alberto Gonzalez

Front 43

At least _____ members of the grand jury have to agree before an indictment can be issued.

Back 43

9

Front 44

Another word or phrase for indictment is ___.

Back 44

true bill

Front 45

A document formally charging an individual with a misdemeanor based on a complaint filed by a private citizen is a(n) ___.

Back 45

information.

Front 46

A person called to serve on a jury who refuses can be ___.

Back 46

fined for contempt of court.

Front 47

Members of a panel from which a petit jury is chosen are known as ___.

Back 47

veniremen.

Front 48

_____ jurors have to vote that a person is guilty in order to convict him or her of a crime.

Back 48

Criminal Case: Unanimous Decision "Beyond Reasonable Doubt"
Civil Case: 10 to 12 or 5 to 6

Front 49

If a person who is accused of a crime (other than capital murder) chooses, they can _____ jury trial(s).

Back 49

waive their right to a [jury trial].

Front 50

List the steps of civil and criminal trials.

Back 50

- opening argurments
- examination and cross examination of witnesses
- presentation of evidence
- rebuttal
- & summation

Front 51

What are the differences between trial courts and appellate courts in Texas?

Back 51

Appellate Court - generally reviews only findings of law made by lower courts. Has appellate jurisdiction.

Trial Court - It has jurisdiction over criminal felony cases and civil disputes. Has original jurisdiction.

Front 52

Most civil and criminal appeals are made to one of Texas’s _____ intermediate courts of appeals.

Back 52

14

Front 53

Petitions for review are usually filed by ___.

Back 53

losing parties.

Front 54

Texas Supreme Courts _____ cases appealed to them.

Back 54

have civil.

(Questionable answer)

Front 55

A(n) _____ is a court order directing a lower court or another public official to take a certain action.

Back 55

Writ of Mandamus

Front 56

_____ are automatically appealed to the Texas Court of Criminal Appeals.

Back 56

Death penalty cases

Front 57

_____ believe their job is to narrowly interpret and apply the law.

Back 57

Establishment-oriented justices

Front 58

The first Hispanic to be seated on the Texas Court of Criminal Appeals was in ___.

Back 58

1991 - Fortunado Benavides

Front 59

The first Hispanic was seated on the Texas Supreme Court in ___ (year).

Back 59

1984 - Raul A. Gonzalez

Front 60

CBS-TV’s 60 Minutes in 1987 and 1998 concluded that ___.

Back 60

the partisan system of electing judges had remained unchanged and that justice may still be for sale in TX but w/ different people - the business community - now wielding the influence.

Front 61

Who was the first Hispanic elected to the Texas Supreme Court?

Back 61

Raul A. Gonzalez

Front 62

Houston is located in the _____Texas Court of Appeals jurisdiction.

Back 62

1st & 14th

Front 63

Criminal case jurors must reach their guilty decision based upon a standard of ___.

Back 63

a unanimous vote.

Front 64

Which political cultures promoted a plantation system, rule by the elite, control of the social and economic and “Jim Crow” laws?

Back 64

Texas Traditionalism

Front 65

Under which procedure may the prosecution or defense dismiss jurors without cause?

Back 65

Peremptory challenges.

Front 66

What term is described as “a request for Texas Court of Criminal Appeals review, which is granted if four justices agree.”

Back 66

Petition for review.

Front 67

Which political sub-cultures most influenced Texas political culture?

Back 67

Traditionalistic

Front 68

Which political sub-culture influenced the states in western United States?

Back 68

Individualistic

Front 69

According to the lecture notes (and the 2005 ACS), Hispanics are _____ of the Texas population.

Back 69

42%

Front 70

Lubbock is located in the _____Texas Court of Appeals.

Back 70

7th (Amarillo)

Front 71

What punishments (prison terms) are available for convictions of capital murder, first degree felony, second degree felony and third degree felony?

Back 71

- Capital Murder - Death or Life in Prison
- 1st Degree Felony - Prison sentence of 5 to 99 years or life.
- 2nd Degree Felony - 2 to 20 years in prison
- 3rd Degree Felony 2 to 10 years in prison

Front 72

There are about how many municipal courts in Texas?

Back 72

917

Front 73

Except for midterm vacancies, Texas judges are chosen by ___.

Back 73

Merit Selection/Appointment and Elections/ PARTISAN ELECTION

Front 74

Jury selection is from a group of individuals known as

Back 74

veniremen

Front 75

A jury trial can be waived by the defendant in all EXCEPT

Back 75

in capital murder cases.

Front 76

Liability for personal injuries is determined by ___ laws/codes.

Back 76

Penal

Front 77

When a case that has already been tried must be tried over—including hearing witnesses and presentation of evidence—in another court, that case is heard ___.

Back 77

de novo

Front 78

What is the purpose of plea bargaining large numbers of cases?

Back 78

Clearing urban court dockets.

(Plea bargaining also lessens the sentence that would be given)

Front 79

What are the terms of office for the various Texas court judgeships?

Back 79

- Intermediate Court of Appeals = 6 yr. terms
- Highest Appellate courts = 6 yr. terms
- Courts of General Jurisdiction = 4 year terms
- County Courts = 4 year terms
- Courts of Limited Jurisdiction = 4 year terms

Front 80

The Texas Supreme Court hears about what percentage of the petitions for review it has received?

Back 80

12%

Front 81

In _____, the political and philosophical disposition of people of Texas began to change.

Back 81

the 1970's

Front 82

Which judicial philosophy believes that policy should be made by legislatures and justices should narrowly interpret that policy?

Back 82

Establishment Oriented/Conservative/Business Oriented Establishment

Front 83

_____ law involves personal injury lawsuits that seek monetary awards for damages.

Back 83

Personal Injury