Govt Test 3

Front 1

Bureaucratic Tasks

Back 1

Implementation and execution of policies enacted by the legislature.

Front 2

Concern about bureaucratic abuses and have led to discussions about:

Back 2

Control, restraint, Political accountability and responsiveness.

Front 3

Largest budget agencies

Back 3

Police and Fire department.

Large advantage against pay cuts

Front 4

T/F

Agencies have a bias

Back 4

True

Front 5

How much of the Tx History Committee budget got cut in one fell swoop?

Back 5

90%

Front 6

Whistle-blower law

Back 6

Designed to public employees from retaliation.

Symbolic gesture

Ensures if you speak up about something unethical in your agency you will not be fired. (Does not guarantee promotion)

Ethical questions about insider advantages

*Legal to warn future boss they are "whistle blowers".

Front 7

Bureaucratic Oversight

Back 7

Concern about bureaucratic abuses and autonomy have led to discussions.

Texas has enacted a whistle-blower law.

The 1991 ethics reform legislation places limits

Front 8

8 Rules

Back 8

1. Politics is not about truth
2. Expect resistance
3. Strategy matters
4. Politics involves conflict
5. There will always be conflict within and between people
6. You don't have to be the smartest.
7. There will always be winners and losers and nothing in between
8. Politics are practical

Front 9

Budgetary Power

Back 9

Budget reductions can discipline an agency and bring it into compliance with legislative objectives

Sunset legislation (1977)--state agencies are subject to periodic evaluation

Front 10

What is a form of discipline to keep an agency in compliance with legislative objectives?

Back 10

Performance audits of state agencies

Front 11

Sunset legislation

Back 11

Every 12 years an agency is reviewed by a 10-member sunset advisory commission

28 agencies have been abolished--Issues?

Front 12

When the treasurer of state role was abolished, who picked up the duties?

Back 12

Comptroller

Front 13

What has often been the topic of controversy?

Back 13

The complex, decentralized Texas court system

Front 14

There have been increased complaints about what regarding the TX court system?

Back 14

Too cushy, but not so cushy

High Fines

Slow, justice delayed-justice denied

Too many tix, "picking on you"

High incarceration rates

If you are going o continue to look a lot of other people, need to release some (crowded dockets)

Leniency in criminal penalties

Early release from jails and prisons

High costs of campaigns for judgeships
----Contributions from PACs, lawyers, and interest groups

Front 15

PAC

Back 15

Political Action Committee

Front 16

Federal Vs. State Court

Back 16

The US has a dual judicial system

Criminal acts are defined in the State's penal code

Front 17

How are criminal acts defined in the stat's penal code?

Back 17

The more serious violations are felonies

Misdemeanors are less serious crimes

Front 18

Describe the US dual judicial system

Back 18

Approximately 97% of all cases are litigated in state or local courts.

Federal courts hear both civil and criminal cases based on national laws.

Front 19

Federal courts hear both civil and criminal cases based on national laws. Explain:

Back 19

Federal courts hear cases involving issues arising under the US constitution

State laws are influenced and shaped by federal laws and court systems.

Front 20

Texas Courts

Back 20

There are five levels of courts in Texas

Some of these courts have only original jurisdiction

Others have original and/or appellate jurisdiction. (original subject of jurisdiction related to geographic subject).

Front 21

T/F
Double Jeopardy means you cannot be tried for the same offense more than once with or without a verdict.

Back 21

False. Only with a verdict are you protected from it.

Front 22

List the 5 TX courts

Back 22

Courts of limited jurisdiction

Courts of general jurisdiction

Intermediate Court of Appeals

Supreme Court

Court of Criminal Appeals

*Court of Criminal Appeals and Supreme courts are on the same level (parallel courts) but for different reasons.

Front 23

Courts of Limited Jurisdiction

Back 23

Authority to hear both Civil and Criminal cases

Approximately 854 municipal courts in Tx

Justice of the peace courts are the lowest courts in the State court system

Front 24

Courts of Limited Jurisdiction have the authority to hear both Civil and Criminal cases. Explain:

Back 24

Less serious criminal cases

Civil matters with dollar limitations

Front 25

How are judges hired for the municipal courts?

Back 25

Judges are hired by the city council

Front 26

T/F
Municipal courts are courts of record

Back 26

False.
Generally not courts of record.
-Appeals are heard "de novo".

Front 27

De Novo

Back 27

No record

Front 28

How are Justice of the Peace positions filled?

Back 28

Nominated and Elected

Front 29

What do the JP courts deal with and are they a court of record or "de Novo"?

Back 29

Deal with judgements less than $5,000 and criminal fines

Generally not courts of record (appeals are heard "de novo")

Front 30

Courts of Limited Jurisdiction

Back 30

Authority to hear both civil and criminal cases.

County commissioners court and courts-at-law
Approximately 854 municipal courts in Tx

Front 31

Courts of Limited Jurisdiction have authority to hear both civil and criminal cases. Explain:

Back 31

Less serious criminal cases

Civil matters with dollar limitations

Front 32

How are the County commissioners court and courts-at-law served?

Back 32

By a County Judge

Front 33

T/F
In rural counties the county judges perform both administrative and judicial functions

Back 33

True

Front 34

How are the county judge positions filled?

Back 34

Nominated and Elected

Front 35

T/F
County Commissioner courts and courts-at-law have appellate jurisdiction over JP and municipal courts

Back 35

True

Front 36

Courts of General Jurisdiction

Back 36

District Courts
-Primary trial courts in TX
-Original jurisdiction over civil cases involving $200 or more in damages and criminal felony cases.
-The majority of criminal cases are resolved through plea bargains ~97% or 122,736 (2006-2007)

*System works well when used, but only used about 3% of the time.

Front 37

Intermediate Courts of Appeals

Back 37

Minimum number of judges is 3--a chief justice and two other judges.

Judges MUST be 35 years of age and attorneys WITH 10 years of experience

Hear both criminal and civil cases on appeal.

Front 38

Is substantive appeal limited or unlimited?

Back 38

Unlimited

Front 39

How many procedural appeals are you allowed?

Back 39

1

Front 40

How many differences do the Supreme Court and the Court of Criminal Appeals have? and is/are they?

Back 40

1, Court of Criminal Appeals ONLY hears criminal cases

Front 41

What do the Parallel courts have in common?

Back 41

Nine Justices, one of whom is elected statewide as chief justice

Three members are up for election each two years, and justices serve six years

Justices must be 35 and practicing attorneys with 10 years of experience