Tx Govt Test 3 Study Guide PDF

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Shannon Sinegal; study guide...

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Texas and Local Governments 2306 Unit 3’s Study Guide The Judicial Branch (Chapter 10) • Civil Law (disputes btwn. People, businesses, companies, and govt) v. Criminal Law • Misdemeanor (minor crimes; fine) v Felony(serious crimes; jail) • sources of law in Texas- Provisions of constitution, legislative statutes, state agency regulations, judge-made common law • Four types of Jurisdiction in Texas o Original Jurisdiction- the power of a court to hear a case first; where trial is heard o Appellate Jurisdiction- power of court to review cases after being tried elsewhere; if decision is not correct the decision is kicked down to a lower court o Exclusive Jurisdiction- authority of only one court to hear a particular type of case o Concurrent Jurisdiction- authority of more than one court to try a case • Texas Legislative Council• probate- the action or process of proving before a competent judicial authority that a document offered for official recognition of mental status etc. Local trial courts/ original jurisdiction Municipal courts-city run court with jurisdiction primarily over class c misdemeanors committed within a city’s boundaries Justice of the Peace (JP) courts- have jurisdiction over four types of civil cases (evictions, debt claims, repair/remedies, small claims); 4 year, no law degree • Courts of record- court that has a court reporter or electronic device to record testimony and proceedings (transcript; public unless classified info) County trial courts / original and appellate jurisdiction Constitutional County Courts- 4 yrs, 4 commissioners, law making body, small counties judge hear minor civil and criminal cases; 254 courts; law license not required County courts-at-law- law degree required; 4 years, civil and criminal cases in popular counties; trial courts created by statute to assume the responsibilities of constitutional county courts in counties with larger populations Probate Courts- handle administration of decedents estates, mental competency proceedings, and guardianship proceedings (18 courts in 10 counties) State/ district trial courts District Courts - original jurisdiction; judges, 4 yrs, law degree, 25-74 yrs old, alot of plea deals (say you’re guilty, get less time); Concurrent jurisdiction with lower courts begin @ level; 1 judge per court Intermediate appellate courts Courts of Appeals- 1 chief justice, 2-12 additional justices (80 justices statewide); 35-74 yrs old; law degree 10 years; 6 year term Highest appellate courts

Court of Criminal Appeals- highest court with criminal jurisdiction; 6 yrs; 35-74; 1 chief justice, 8 associate judges The State Supreme Court- highest court with civil jurisdiction; 9 justices; 6 yr term; 35-74 Bifurcated Court System- 2 supreme courts; highest appellate courts in Texas • What are the education requirements for judges in Texas? • How are district, county, district, appellate, and Supreme Courts judges removed from office in Texas? Removed by voters, trial by jury, by legislative address or impeachment • How are judges Selected in Texas? • Are the problems associated with electing judges? o Missouri Plan- selection process in which a commission recommends a panel of names to the governor who appoints a judge for 1 year or so before voters determine whether the appointee will be retained for a full term o Appointment-retention system:merit plan for judicial selection in which the governor makes an appointment to fill a court vacancy for an interim period, after which the judge must win a full term in a uncontested popular election • Specialty courts in Texas- created by county commissioner courts and some cities in regard to drug courts; 250 courts; new; wants to get people help (puts them in rehab) • Alternative dispute resolution - bring in a mediator to resolve conflict • State Commission on Judicial conduct- criticized for being too lenient; oversees amicus curiae; oversees judges; A  citizen who believes a judge has behaved unethically while presiding over his or her case should file a complaint • Lawyers in Texas • State Bar of Texas • Venire (panel of prospective jurors drawn by random selection) v. voir dire (attorneys question prospective jurors to identify who and who cannot be fair and impartial) • Juries o Grand Jury- determine if there is evidence to warrant a trial; 12 person; chosen by key-man system or at random o Trial Jury- minimal qualifications to serve, 6 or 12 members o Qualifications of Jurors- 18 years or older, of sound mine, can read and write, not a felon The Criminal Justice System in Texas (Chapter 13) • Criminal Justice system- looks at the prison & probation system; large system • Texas Penal Code- laws make up this code; list all criminal laws - Graded penalties- types of felonies & misdemeanor; depending the crime you get will determine the consequence given (a part of PENAL CODE) - 3 Misdemeanors: Class A- 1 yr. w/ fine, Class B- 180 days w/ fine, Class C- $500 fine - Enhanced Punishment: based on # of crimes person has committed; adds on jail time

• Drug crimes (most arrests, incarceration, counties w/ 550,000 must have drug courts; helps clean up individuals, provide them w/ jobs) v. Hate Crimes (J.Byrd Hate Crimes Act: deals w/ sexual & race orientation- still an issue; Texas has the highest rate of hate crimes; does not protect against offenses based on victim’s sexual identity/ expression, D.A.= plea bargain) • Capital felony/ Death Penalty- Texas has executed the most amount of people; cost millions b/c appealing process; “Death-Row State” (1. Hanging, cruel unusual punishment unconstitutional; 2. electrocution 3. Executed, stops people from committing crimes; electric chair “old sparky”, built by inmates, killed 361, unconstitutional; 4. Texas used lethal injectionsquick & painless) Qualifications- murder police/ ff on duty; multiple murders; murder during specified felonies (rape, kidnap, robbery); murder a correctional officer; murder inmate serving life; hiring people to kill a person; murder during prison escape; murder 10 yr of age or younger; murder of a judge; DOES NOT APPLY to 17 yr. or younger • Furman v. Georgia 1972- Furman breaks into a house in GA, guy panics shoots gun and kills the man, declares death penalty as racial biased & unconstitutional • moratorium- stopped the death penalty; rejected by Texas • Plea bargain- arrangement  between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges • Plaintiff (initiates a civil suit/ injured party in civil case) v. defendant• Texas Department of Criminal Justice (four-part Mission) handles corrections and rehabilitation o Provide public safety- for individuals housed in the institutions - Probation: let individuals out early, must follow requirements - Job training: makes less than minimum wage - Administrative Segregation: isolation; individuals separated from everyone: “the hole”; leads to individuals being more aggressive & mental issues o To promote positive behavioral changes- discipline and education, combat recidivism, every prisoner must have a job, more than half enrolled in vocational and academic classes (Windham School District) o To reintegrate offenders into the general society- helps adjust people back to society; reentry and integration division, community justice assistance division, parole division, successful reintegration is complicated by barriers to entry (lifetime impediments to employment, housing, student loans) o To assist crime victims- helps the criminals and their families; victim services divisions, victim impact statements (delivered when a judge is about to sentence, may have an outcome on decision), crime victims compensation fund (up to 50000 to victims and families, can be used for medical treatment, counselling, burial expenses)

• Private Prisons (more than any other state, corporation controls the prison, saves the state money, made because of overcrowding, have a bad rep, more inmates more money, substance abuse programs/ halfway house) v. local Jails (in all but 19 counties, small crimes, misdemeanors, people awaiting trial, 70% have not been convicted of a crime, waiting on their trial, a lot of poor people and minorities) • recidivism- those who are returning back to jail • Juvenile Justice- “Delinquent children”; Texas youth from 10-17 years old, “status offenders” (tried as non criminal acts), increase of youth-on-youth and youth-on-staff violence since 2012, Texas Juvenile Justice Department (11 board members), PROCEDURES (detained in separate facilities, counseling and probation, residential treatment and commitment, adjudication hearings, considering raising age of adulthood); they lack funding and guards (small pay) need $$$$$ o Adjudication hearings- juvenile court, all cases charged civilly, not criminally • Parole Division • Problems and Reforms (see pgs. 499-506) o Overcrowding and mental illness in prisons (increase in inmate violence, not enough staff, many have mental illness) o Technology: the prison show (radio shows in prison from inmates), facebook and online blogs (inmates having facebooks), dna database (a lot of people convicted due to DNA evidence, a lot of people set free) o Exoneration Issues (Texas compensates wrongfully incarcerated, 80,000 for every year wrongly imprisoned, tuition for college or training, lifetime annuity, assistance in accessing social services) o Racial Bias in the Criminal Justice System: questions about targeting;Texas Commission on Law Enforcement Standards and Education (annual racial profiling reports) o Misconduct by District Attorneys and Prosecutors: 91 criminal cases 2004-2012 where misconduct occurred; Code of Criminal procedure (focus on justice not convictions); District Attorney is a powerful figure Chapter 11: Finance and Fiscal Policy in Texas • Fiscal policy- public policy that concerns taxing, government, spending, public debt, and management of government money; government constantly looks at the policy; economy struggle -> govt spends more $; economy good -> govt spend less • Tax revenue in Texas includes… • Pay-as-you-go spending AKA Balanced Budget- total revenues and expenditures are equal, producing no deficit; made every two years by legislatures; we cannot spend more than we have; in constitution; make CUTS if we dont have enough money; 2011, made cuts in education and jails/prisons ← THE PROBLEM • Service sector

• Taxes in Texas o Regressive- tax in which the effective tax rate falls as the tax base increases; TEXAS favors; Favor the rich and puts burden on the poor o progressive taxes- effective tax rate increases as the tax base increases (more $, pay more in taxes) • Comptroller of public accounts • General Revenue Fund- unrestricted state fund that is available for general appropriations (200 separate funds); ALL money state of Texas collects • Dedicated funds- restricted state fund that can ONLY be appropriated for its designated purpose • What are the sources of revenue in Texas? o General sale tax- 6.25% statewide, counties can tax 2%, 8.25% combined state and local, some items exempt, many services untaxed; o Selective taxes Sin taxes (Alcohol, cigarettes, strip club, sex store); Highway taxes (gas, fines) Miscellaneous (bed-tax.. Hotel, feminine tax) o Business taxes- attempt to attract businesses to make more money General business tax- Sales tax, Franchise tax, Payroll severance tax- when a company pays you, part of that goes to the state of Texas Select business tax- Oil/ gas production, Severance tax (anytime we take a natural resource out of the ground, pay tax), Insurance company gross premiums, Public Utilities o Inheritance tax- tax when someone leaves money to someone; stopped in 2005, Tax burden is low, Comptroller is chief tax collector o Revue form Gambling Lotteries (profits go to public education) Casinos (only one in TX, Tx does not get money from it) Racing (horses and dogs, winners are taxed) Bingo (can benefit charities) • What are other nontax revenue in Texas? o Federal grant-in-aid: 36%, money for health and human services, business and economic development, and education (has decreased over the years) o Land Revenues- includes oil and natural gas leases o The Tobacco Suit- Lawsuit pays Texas 18 billion in damages from American tobacco industry; Texas sued tobacco company for saying that tobacco was not dangerous when it was o Other fees (fees, permits, income from investments) • General obligation bond: amount borrowed by the state that is repaid from the General Revenue Fund • Revenue bonds: amount borrowed by the state that is repaid from a specific revenue source

• Fiscal year • Legislative Budget Board (LBB) • Budget: a plan of financial operation (covers two fiscal years, biennial legislature; Sep 1August 31 the following year) • Rainy day fund: a fund used like a savings account for stabilizing state finance and helping the state meet economic emergencies when revenue is insufficient to cover state-supported programs; 15.4 Billion in it • Dual budgeting system: Legislative Budget Board (10 members from house and senate), Governor's Office of Budget and Policy (prepares and presents budget to legislature) • Budget execution- process whereby the governor and the Legislative Budget Board oversee and in some instances modify, implementation of the spending plan authorized by the Texas legislature • Budget process: begins with governor’s mission statement, dual budgeting system, legislative chambers review, committee “markup” appropriations bill and submit for vote • 38% of state funds for education, 37% for health and human services • Discuss the future demands on Texas budget in the future o “Robin Hood” Plan o Texas Grant Program o Children’s Health Insurance Program (CHIP) o Infrastructure Needs in Texas Judicial Branch The process by which attorneys question potential jurors is called voir dire. A lawyer may inquire about a prospective juror’s social media habits to determine if the prospective juror is biased The compensation for a lawyer based on a percentage of a winning lawsuit is known as a Contingency fee If one of the parties to a collaborative divorce chooses to litigate the divorce after the case begins, what must then happen? B  oth attorneys must resign State district courts with general jurisdiction would be able to hear and decide all of the following cases, EXCEPT a dispute over $150 in wages. In a capital felony case in which the death penalty is being sought, __________ must determine punishment. Which of the following courts mainly exercises original jurisdiction? State district courts

The State Bar of Texas performs all the following functions, EXCEPT r ate and publish the qualifications of lawyers In Texas, nearly all judges are chosen by a partisan election In a civil jury trial in a state district court, the judge defines the law, and the jury finds the facts. If you wanted to hear an oral argument in the Texas Supreme Court, you would download  a podcast A trend in the representation of poor people accused of a felony or misdemeanor case that may result in incarceration is more counties are establishing public defender’s offices to represent the poor. What is the major way that the Missouri Plan differs from the appointment-retention system for selecting judges? T  he people can vote on the appointed judge after he or she serves in office for a while. A citizen who believes a judge has behaved unethically while presiding over his or her case should file a complaint with the Commission on Judicial Conduct, whom plays the most important role in disciplining the state's judiciary. The State Bar of Texas has the authority to take all the following actions, EXCEPT to i mpeach attorneys The validity of a contested election is decided by a district court Which amendment to the U.S. Constitution guarantees legal representation to the poor in civil cases? none The court with responsibility for formulating the rules of civil procedure is the Texas Supreme Court An operator of an automobile repair shop cannot collect a bill of $426.42 from a customer. Where would the most  convenient place be for the operator to sue to recover his money? justice of the peace court Which court does NOT require the judge to be lawyer? Justice of the peace Qualifications for serving on a trial jury in Texas include all the following, EXCEPT be able to read and write English

The state's Bill of Rights guarantees that individuals may be charged with a felony only by grand jury indictment In a criminal case how many jurors must agree on a verdict of guilty or not guilty? Unanimous Which statement regarding the intermediate appellate court is INCORRECT? Decisions are reached by the chief justice. The type of case appealed directly to the Texas Court of Criminal Appeals is that of a capital felony conviction with imposed death sentence. The Supreme Court of Texas has the legal authority to the make the rules of civil procedure, however, these rules may not conflict with any general laws of the state Criminal Justice System The minimum sentence for a capital felony is Life imprisonment without parole In 2013, Texas ran out of pentobarbital for lethal injections so they turned to c  ompound pharmacies for custom-made pentobarbital. In Texas, an individual with a serious mental illness is ten times as likely to be incarcerated as to receive treatment. Which would NOT  be subject to enhancement under the Texas Penal Code? a charge of two offenses in the same criminal episode When someone is executed, their death certificate lists the cause of death as “Death caused by judicially ordered execution Which of the following is true of juvenile offenders in Texas? T  exas automatically directs 17-year-olds into the adult criminal justice system. Which of the following is NOT true of juvenile justice in Texas? Texas has a preference for sending juveniles far away from home to correctional facilities. The two agencies responsible for convicts who serve all or part of their sentence in the community rather than in prison are C  ommunity Justice Assistance Division and Parole Division. A successful drug court in Tarrant County, the SWIFT Court, has been described as “probation on steroids.”

Which is true of county jails in Texas? Most of them do not offer rehabilitation programs. Felonies are classified as first, second, or third degree depending on the nature of the crime. This is referred to as g  raded penalties The job of representing the State of Texas in criminal cases belongs to a district attorney Why have so many people been convicted of crimes they didn’t commit based on eyewitness identification? Eyewitnesses can overlook facial features of people of different races, transfer memories of people from different settings, or have poor recall due to stress. Wrongful imprisonment by the state in Texas sometimes happens. One way some Texas prisoners legally communicated with the outside world were _social media websites_, which is now banned for inmates When someone has been found guilty of a capital offense, how many jurors must agree to the death sentence for it to be carried out? All of them Administrative segregation is another term for s  olitary confinement In which case did the Supreme Court rule that the death penalty may not be used for punishment on anyone under 18 years of age? Roper v. Simmons Currently, Texas has approximately _147,000_ inmates. Texas Crime Victim’s Compensation Fund provides money to victims and their families for all of the following, EXCEPT r epresentation by an attorney. Rules and procedures in criminal cases in Texas must legally be grounded in the Fourteenth Amendment’s guarantee that no state can “deprive any person of life, liberty or property without due process of law.” The current focus of legislators on rehabilitation and reentry has succeeded at reducing the rising imprisonment rates of the 1900s. Which of the following is NOT one of the ways that state legislators have sought to address high incarceration rates for drug offenders? e  stablishing harsher and longer sentences for drug crimes

According to statistics compiled by the Texas Department of Crimin...