Exam 2

Question 1

How is the executive branch organized? What is significant about that?

Answer 1

• 6 offices (independently elected offices limit governor power)
• Texas governors have fewer powers than governors in other states

Question 2

Who is the governor currently?

Answer 2

Greg Abbot

Question 3

Which executive position is appointed rather than elected?

Answer 3

Secretary of State

Question 4

Qualifications to be governor

Answer 4

• At least 30 years old
• A U.S. citizen
• Resident of Texas for at least 5 years immediately before the election

Question 5

What is compensation like for being governor?

Answer 5

$153,753 annually (well compensated)

Question 6

How long is the term for governor? (Can you run for re-election?)

Answer 6

4-year terms and running for re-election is allowed

Question 7

Texas’ Longest serving governor:

Answer 7

Governor Perry

Question 8

Governor that has been impeached and removed:

Answer 8

Jim Ferguson

Question 9

Impeachment process for governor

Answer 9

• Impeachment by a majority in the House
• Removal by 2/3 of the Senate

Question 10

Line of succession for governor (who takes over if they vacate office, next 3 in line)

Answer 10

1) Lieutenant Governor
2) The Senate’s President Pro Tempore
3) The Speaker of the House
4) The Attorney General
5) Chief justices of Texas Courts of Appeal

Question 11

Ann Richards

Answer 11

• 1991-1995
• Democrat (last to woman be the governor)
• Pretty well known with humor
• Lost election

Question 12

What are the other executive positions?

Answer 12

• Lieutenant Governor
• Attorney General
• Commissioner of the General Land Office
• Commissioner of Agriculture
• Comptroller of Public Accounts

Question 13

Who is the Lt. Governor currently?

Answer 13

Dan Patrick

Question 14

What is the role of the Lt. governor?

Answer 14

• “Constitutional President of the Senate”
• Casts a deciding vote in the Senate when there is a tie
• Appoints Senate committees and chairs
• Granted legislative power by the Senate
• Performs as acting governor when governor is unable to perform duties
• Chair of the Legislative Budget Board

Question 15

What is the role of the Texas Secretary of State?

Answer 15

• Conducts voter registration drives; collects election-night returns
• Provides media and voters with the latest official election returns
• In charge of voter registration
• Collects election data from county judges and clerks
• Appointed not elected

Question 16

What does the commissioner of Agriculture do?

Answer 16

• Responsible for enforcing agricultural laws

Question 17

Which party dominates the executive?

Answer 17

Republican

Question 18

Civil Law

Answer 18

contractual relationships between parties (legally binding business relationships, personal relationships [adoptions, divorces, marriages], business remedies, personal remedies)

Question 19

Criminal Law

Answer 19

felonies and misdemeanors, indictment and grand juries, plea bargain, guilt beyond a reasonable doubt

Question 20

Highest courts in Texas

Answer 20

Court of Criminal Appeals, Supreme Court

Question 21

Death penalty cases- where are they appealed to?

Answer 21

The Texas Court of Criminal Appeals

Question 22

How are judges selected in TX?

Answer 22

They’re elected

Question 23

Why is that significant?

Answer 23

• Less freedom to make unpopular decisions
• Risk losing office if voters disagree with their legal interpretations
• Less mix of party and ideology

Question 24

How can you be removed as a judge?

Answer 24

Impeachment, voters don’t reelect the judge, removed by the Supreme Court of Texas

Question 25

Criminal justice

Answer 25

the system of law enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal proceedings and punishment

Question 26

1960s /law and order

Answer 26

The start of the “get tough on crime” attitude in the U.S.

Painted liberals/democrats as being soft on crime

Born in a context of civil unrest

Question 27

Purposes of CJ system in Texas

Answer 27

Deter future criminal action

Punish criminal activity

Rehabilitate the offender

Question 28

War on Drugs

Answer 28

Describes the campaign of prohibition of drugs, as well as the military assistance/intervention to stem illegal drug trade

Very harsh drug laws here

Question 29

Stand your ground laws

Answer 29

“Duty to retreat”

Legalized the deadly use of force, allowing individuals to kill someone they perceive as an attacker (even if they have the means to escape a confrontation) without being found criminally liable

Question 30

Recidivism – what is it?

Answer 30

The rate at which criminal offenders commit crime after they leave the state’s custody

Question 31

Harris County effect

Answer 31

This county alone has condemned more people to death than 45 other states

Question 32

What happened in Tulia in the documentary? Why?

Answer 32

Narcotics, selling drugs was getting out control and undercover cops arrested multiple black people, this caused a lot of unrest in the black community

Question 33

Who was involved?

Answer 33

Undercover cop Tom Coleman, black community of Tulia

Question 34

What were the court sentences like?

Answer 34

Long years in prison (99 years) if the plea wasn’t taken

Question 35

What did the appeals courts say eventually?

Answer 35

Those arrested were released

Question 36

What does this tell us about the drug war?

Answer 36

That as a result of the arrests the drug had become racialized and the stigma and assumptions people pinned on one another turned communities against each other, made an influence that easy undercover investigations were the way to go, arrested multiple people without thorough consideration

Question 37

Grand juries- what do they do?

Answer 37

Hear preliminary felony offense cases

Determine whether there is enough evidence to proceed with prosecution trial

Do not establish guilt or innocence

Only focused on whether there was enough evidence up front that a jury could be convinced to convict

Protects citizens from political persecution

Question 38

Trial vs appellate courts

Answer 38

Trial Courts:

Learn the facts

Determine how the law applies

Trial courts are where trials actually occur

Appellate Courts:

Panel of judges, no juries

Focus only on application of law, process, procedure

If new facts of flawed trial, send case back to trial court

Question 39

What does the Court of Criminal Appeals do?

Answer 39

The court consists of 9 judges, including a presiding judge

The court can hear appeals in panels of three judges, though most cases are heard En banc. Cases are decided by majority vote.

Question 40

What does the Texas Supreme Court do?

Answer 40

Court of last resort for civil matters in the state of Texas

Hears appeals from civil juvenile cases

It consists of eight justices plus one chief justice

Conducts proceedings for removal of judges and makes administrative rules for all civil courts in the state

Approves new schools of law

Appoints the Board of Law Examiners

Determines who passes the bar exam

Certifies successful applicants to practice law

Question 41

What are the qualifications to be a Justice of the Texas Court of Criminal Appeals or Texas Supreme Court?

Answer 41

Must be 35 years of age with 10 years of legal experience

The 9 judges are elected statewide for 6 year staggered terms

3 are elected every 2 years

Vacancies filled by gubernatorial appointment

Question 42

Texas incarnation rate (high or low?)

Answer 42

High, 780 per 100,000

Question 43

Death penalty in Texas- how is it used? For what? How often? What are Texans views on it?

Answer 43

Executions are often
Why=Judge selection, Public Defender system, Sentencing issues before 1990s, Pardons/clemency is very difficult

Question 44

Incarceration rates in US (lower or higher than rest of world?)

Answer 44

highest incarceration rate country