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texas and local government > Chapter 10 > Flashcards

Chapter 10 Flashcards

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1
Q

What would not be considered a judicial matter?

A

Creation of a budget for the state courts

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2
Q

What is not an example of a civil suit?

A

Arson

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3
Q

What is not an example of a criminal case?

A

Breach - of - contract

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4
Q

What is an incorrect statement about the Texas judicial system?

A

Texas courts dealt with over 24 million cases in 2011, or an average of one case for every resident of the state

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5
Q

What is not true about civil cases?

A

There are tougher rules of procedure to balance or weigh the evidence

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6
Q

What does a criminal case not involve?

A

Cases that deal primarily with individual or property rights

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7
Q

What must the state provide in order to prove a defendant guilty in a criminal case?

A

Sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt

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8
Q

What is one of the most important issue distinctions between civil and criminal cases?

A

Burden of proof

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9
Q

The burden of proof standard used in civil cases is..

A

A preponderance of evidence

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10
Q

What is the duty of a party in a court case to prove its position called?

A

Burden of proof

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11
Q

What is the power to try a case being heard for the first time?

A

Original jurisdiction

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12
Q

What does original jurisdiction of a court not involve?

A

A review of the record

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13
Q

What refers to the power of an appellate court to review the decisions of a lower court?

A

Appellate jurisdiction

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14
Q

What are appellate proceedings based on?

A

Review of law as applied in the original court

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15
Q

What is an incorrect statement about legal briefs?

A

A brief is a written argument prepared by a judge

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16
Q

What is a second prosecution for the same offense after acquittal in the first trial called?

A

Double jeopardy

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17
Q

What court is included in a city’s charter?

A

Municipal

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18
Q

Municipal courts have exclusive jurisdiction over everything except what?

A

Does include jail sentence

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19
Q

Which court has exclusive jurisdiction to try violations of city ordinances?

A

Municipal

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20
Q

Which branch of government authorizes city governments to determine whether their municipal courts are courts of record?

A

State legislature

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21
Q

What does the vast majority of cases heard by municipal courts involve?

A

Traffic and parking violations

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22
Q

What kind of a trial is a new trial conducted in higher court?

A

De novo

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23
Q

Public confidence in municipal courts is…

A

Low

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24
Q

What is the justice of the peace courts authorized by?

A

The Texas Constitution

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25
Q

How many years is a term for justice of peace?

A

Four

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26
Q

What does of duties of the justice of the peace not include?

A

Civil cases where the dispute involves less than $100,000

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27
Q

What is the only constitutional qualification to become a justice of the peace?

A

Being a registered voter

28
Q

Texas has how many county courts?

A

254

29
Q

The Texas Constitution requires that the county judge be elected by voters for a 4 year term and what else?

A

Be well informed in the law of the state

30
Q

What do county courts at law not have jurisdiction of?

A

Civil jurisdiction involving cases over $100,000

31
Q

District courts are often described as the what of the state?

A

Chief trial courts

32
Q

How many district courts function as single judge courts?

A

456

33
Q

What is not a qualifications to become a district court judge?

A

Must be a resident of Texas for 10 years

34
Q

What does district court jurisdiction not extend to?

A

Original jurisdiction for traffic cases

35
Q

What refers to a situation in with the prosecutor and defense attorney negotiate an agreement whereby the accused pleads guilty to a less serious crime than originally charged or in return for a reduction in the sentence to be served?

A

Plea bargaining

36
Q

How many courts of appeals does Texas have?

A

14

37
Q

What is an incorrect statement about court of appeals judges?

A

They must have lived in their district five years prior to the election

38
Q

What kind of courts of last resort does Texas have?

A

Dual

39
Q

How many other judges besides the presiding judge in the Texas Court of Criminal Appeals?

A

8

40
Q

Which court has exclusive jurisdiction over automatic appeals in death penalty cases?

A

Court od Criminal Appeals

41
Q

How many people has Texas executed since 1976 as of January 2012?

A

478

42
Q

What is a correct statement about execution in Texas?

A

Texas has executed far more individuals than any other state

43
Q

Which Texas Court of Criminal Appeals judge refused to take Michael Richards, a death tow inmate, appeal after 5PM?

A

Sharon Keller

44
Q

What is not an original jurisdiction of the Texas Supreme Court?

A

Ruling in death penalty cases

45
Q

The Supreme Court consists of one chief justice and how many associate justices?

A

8

46
Q

Where are the majority of cases heard by the Texas Supreme Court from?

A

Petition for review

47
Q

In 1989, in which court case did the Texas Supreme Court unanimously declare that the huge disparities between rich and poor school districts were unacceptable and ordered changes in a financing of Texas’s public schools?

A

Edgewood v. Kirby

48
Q

How many member serve in the Grand Juries in Texas?

A

12

49
Q

What is an alternative to a grand jury indictment which is used for minor offenses?

A

The information

50
Q

What is the purpose of a grand jury?

A

Determine if there is sufficient evidence to bring the accused to trial

51
Q

What is an incorrect statement about indictments in Texas?

A

The vote of all of the 12 grand jurors is needed to indict

52
Q

What is an incorrect statement about grand jurors?

A

The accused can have an attorney in the room during question

53
Q

Some Texas grand jurors are selected by which method?

A

A grand jury commission

54
Q

What is issued when an individual is not indicted by a grand jury?

A

No bill

55
Q

What is it called when grand juries consider matters independent of the district attorney’s recommendation?

A

“runaway” grand juries

56
Q

Trial by jury in criminal cases is a right guaranteed by the Texas Constitution and which of the amendments to the US Constitution?

A

Sixth Amendment

57
Q

What is a correct statement about petit (trial) juries?

A

County courts have six person juries, whereas there are twelve people on juries at the district court level

58
Q

What occurs when a jury is unable to agree on a verdict after a suitable period of deliberation?

A

Hung Jury

59
Q

What is the merit for selecting judges sometimes referred to as?

A

Missouri plan

60
Q

Texas officially uses which methods to select state judges?

A

Partisan election

61
Q

What system do most state use to select their judges?

A

Merit

62
Q

What is not a criticism of the Texas method of selecting judges?

A

Judges elections are nonpartisan

63
Q

In what case did the United States Supreme Court upheld disclosure requirements for corporate campaign contributions but removed many financial restrictions on those contributions?

A

Citizens United v. Federal Election Commission

64
Q

What is a correct statement about minorities and the state judicial system?

A

The system continues to be harshly criticized by representatives of minority groups

65
Q

According to Brent Boyea, what are pro business preferences among Texas judges influenced by?

A

Judicial elections, public opinion, and campaign laws

texas and local government (12 decks)

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