Texas Govt. 10-11 – Flashcards

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question
While Texas voters are not typically supportive of expanding government, they approved a constitutional amendment in 2007 to create a new state agency __________. a. to regulate the oil and gas industry b. to examine ethics complaints against the legislature c. to fight cancer d. to monitor abortion clinics
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c. to fight cancer
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Attacking government bureaucracy is a common theme in political campaigns in Texas because __________. a. the message fits well with the state's dominant conservatism b. government in Texas is more corrupt than anywhere else in the country c. so few Texans benefit from any government services d. public financing of campaigns supports such messages
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a. the message fits well with the state's dominant conservatism
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People in Texas are often uncertain or confused about which government or agency is responsible for what because __________. a. the federalist system in the United States leaves so few functions in the hands of states b. most government agencies do not have any policy responsibilities c. the state constitution strictly defines what local governments may exist and what their powers are d. there are so many governmental entities in the state, and many have overlapping functions
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d. there are so many governmental entities in the state, and many have overlapping functions
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Characteristics of bureaucracies, according to Max Weber and other scholars, include __________. a. decentralization of authority and small size b. division of labor and specialization c. personal relationships and lack of rules d. job ambiguity and upward mobility
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b. division of labor and specialization
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Potential problems with the bureaucracy in Texas are compounded by __________. a. the fact that the legislature meets too often—every year in sessions lasting 200 days b. the limited administrative control over most agencies by the governor c. the small size and high level of centralization of state government d. laws prohibiting interest groups from contact with bureaucratic agencies
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b. the limited administrative control over most agencies by the governor
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Individuals leaving state employment in Texas cite which of the following as major reasons for doing so? a. flexible working conditions and lack of guidance b. dissatisfaction with job location and commute times c. desire to seek employment in the federal government d. dissatisfaction with wages and with working conditions
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d. dissatisfaction with wages and with working conditions
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What has caused governments to worry about the future of the bureaucracy? a. "Bureaucracy bashing" has convinced many young people that a career in public service is undesirable and so fewer people will seek it as a career. b. Many colleges and universities have eliminated public administration as a major, limiting the number of people who can acquire this degree, which is necessary for public service. c. Since many states are planning on removing special benefits such as tax breaks that public employees currently receive, it is feared there will be a mass retirement of current employees. d. Private companies are increasingly assuming the functions of government typically handled by the bureaucracy, causing the state to lose influence.
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a. "Bureaucracy bashing" has convinced many young people that a career in public service is undesirable and so fewer people will seek it as a career.
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From 1972 to 2012, the size of the state and local bureaucracy in Texas (as measured by full-time equivalent employees) __________. a. decreased by just under 50 percent b. remained constant c. increased by approximately 50 percent d. increased by around 150 percent
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d. increased by around 150 percent
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In terms of per capita government spending, Texas __________. a. consistently ranks among the top three states b. spends about the same as the national state average c. generally ranks among the bottom five states d. declined from near the top of states in 1990 to near the bottom by the 2014-2015 budget
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c. generally ranks among the bottom five states
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How successful has Texas been in curtailing government growth and spending? a. It has been very successful. Though government spending has increased over the past decade, it has only increased by 30 percent, far lower than the average for other states. b. Efforts to reduce spending on health care and welfare have been successful, though Texas has increased educational spending and it now spends well above the national average. c. Except for the 2003 and 2011 budget crises, efforts to slow growth have met with only marginal success as a result of federal mandates and opposition by Texans unwilling to lose services. d. Though there have been few efforts to cut unnecessary spending, Texas has managed to limit the growth of government parallel to the growth in population.
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c. Except for the 2003 and 2011 budget crises, efforts to slow growth have met with only marginal success as a result of federal mandates and opposition by Texans unwilling to lose services.
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The largest categories of state government employment in Texas are __________. a. public safety and government administration b. social services and utilities c. transportation and education d. education and social services
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d. education and social services
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Why has the bureaucracy in Texas grown in recent years? a. The federal government imposed numerous mandates on the states that required massive increases in education and health care services for new programs and personnel. b. Economic stimulus funds provided by the federal government have led to the creation of many new programs that benefit citizens who are now unwilling to cut them. c. As the federal government has reduced funding of programs to states, states have become increasingly responsible for assuming the duties formerly fulfilled by the federal government. d. Citizens have come to expect a wide range of public services while federal mandates have required more funding, and new programs have been implemented as a result of the urging of interest groups.
answer
d. Citizens have come to expect a wide range of public services while federal mandates have required more funding, and new programs have been implemented as a result of the urging of interest groups.
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The largest category of employment for both county and municipal (city/town) governments in Texas is __________. a. public safety and corrections b. housing c. transportation d. government administration
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a. public safety and corrections
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Generally, the __________ broadly defines a program, and the __________ fills in the details of it. a. executive branch; legislature b. legislature; bureaucracy c. executive branch; bureaucracy d. legislature; comptroller's office
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b. legislature; bureaucracy
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Implementation is the conversion of policy plans into __________. a. mandates b. red tape c. reality d. rules
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c. reality
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When things go wrong in state government and problems go unresolved, there is a tendency to blame bureaucrats for __________. a. laziness and simplicity of problems b. unfunded mandates and being too liberal c. privatization and deficit spending d. excessive red tape, mismanagement, and inefficiency
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d. excessive red tape, mismanagement, and inefficiency
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Bureaucracies and bureaucrats are often unfairly blamed when things go wrong in state government and problems go unresolved. Often, the real blame rests with __________ who have been unable or unwilling to resolve complex problems. a. voters b. federal courts c. policymakers d. private citizens
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c. policymakers
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Obstacles to policy implementation by the bureaucracy include __________. a. actions of interest groups or businesses to undercut or dilute policies b. too much funding by the legislature c. privatization d. favorable economic and social conditions
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a. actions of interest groups or businesses to undercut or dilute policies
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What can happen to legislative policies upon implementation by the bureaucracy? a. Policies always translate well into bureaucratic programs with few problems. b. Sometimes policies can be misdirected, with little potential for producing the intended results. c. Policies are typically implemented by people who lack resources or the knowledge to fulfill them. d. Frequently the legislature overfunds programs, which is realized once the policy is implemented.
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b. Sometimes policies can be misdirected, with little potential for producing the intended results.
question
Which of the following would be an example of the bureaucracy carrying out an economic regulation? a. establishing training requirements to operate a barber shop b. establishing child labor laws c. establishing rates at which wells can pump oil from the ground d. reviewing rates charged for automobile insurance
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d. reviewing rates charged for automobile insurance
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Requiring individuals to pass a state exam before practicing law is an example of what type of bureaucratic regulation? a. licensing b. social c. allocation of resources d. economic
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a. licensing
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__________ would be considered co-optation. a. An oil industry executive serving on a state regulatory board working to prevent new restrictions being placed on the industry b. A state university provost appearing before the state legislature with a large group of students advocating for more funding c. Lobbyists from a technology company trying to get the state to provide them with a contract to provide services d. Executives from the transportation industry holding a press conference outside the legislative offices calling for fewer regulations
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a. An oil industry executive serving on a state regulatory board working to prevent new restrictions being placed on the industry
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Every __________ the legislature sets budgets for state agencies. a. six months b. year c. two years d. four years
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c. two years
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The two ways that the legislature can use budgetary control over bureaucracies are by __________. a. the amount of funds allotted and approval of line items in agency budgets b. eliminating an agency or threatening its elimination c. approval of line items in an agency budget and establishing sunset legislation d. allowing the governor to set budgets and directing the governor to review bureaucratic performance
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a. the amount of funds allotted and approval of line items in agency budgets
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Ways in which the legislature can control the bureaucracy include __________. a. appointing people to state boards and commissions and conducting performance reviews b. passing sunset legislation and enacting revolving-door restrictions c. protecting whistle-blowers and holding press conferences d. establishing budgets and delegating interpretation and implementation authority
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b. passing sunset legislation and enacting revolving-door restrictions
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How successful has the sunset process been in Texas? a. Despite failing to reduce the size of the bureaucracy, it has helped rid state government of some obsolete agencies, modernized state laws, and made some agencies more responsive to the public. b. Of the total number of agencies reviewed by the sunset process, around 80 percent have been phased out, with their operations transferred to other agencies. c. The sunset process has been highly successful in ensuring that former members of the bureaucracy do not obtain employment in private industries related to the positions they held in the government. d. The sunset process has been very successful in reducing the number of state government employees by almost half.
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a. Despite failing to reduce the size of the bureaucracy, it has helped rid state government of some obsolete agencies, modernized state laws, and made some agencies more responsive to the public.
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Under sunset review each agency is typically reviewed every __________. a. year b. two years c. six years d. twelve years
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d. twelve years
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Why is the revolving door viewed in a negative way? a. It is a major cause of government size increases, as money that has been saved from one agency gets doled out to another. b. It has raised questions about possible insider industry influence over regulatory agencies and decisions. c. It has limited the success of sunset reviews by transferring the work and funding of a recently dismantled agency into a new agency. d. It has prevented younger generations from entering the public sector by cycling current government employees around to various agencies.
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b. It has raised questions about possible insider industry influence over regulatory agencies and decisions.
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What is the primary aim of whistle-blower protection laws? a. to encourage public employees to report mistakes and intentional wrongdoings in their agencies b. to force state agencies to be reviewed periodically by the state legislature c. to minimize industry influence over regulatory agencies d. to guard against gender and sexual orientation discrimination in the workplace
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a. to encourage public employees to report mistakes and intentional wrongdoings in their agencies
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When an employee reports an agency for costly mistakes, waste, or an endangerment to the public, they are protected by the __________. a. Revolving Door Elimination Act b. Whistle Blower Protection Act c. Patronage Act d. Good Samaritan law
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b. Whistle Blower Protection Act
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How did the 2010 whistle-blower case involving Anne Mitchell and Vickilyn Galle demonstrate the huge obstacles facing whistle-blowers? a. Mitchell and Galle were forced to defend their accusations at their own expense. b. Prior to winning their case, Mitchell and Galle faced retaliation by local officials for their efforts. c. Mitchell and Galle were forced to resign from their jobs until the situation was resolved because of state law. d. After winning, Mitchell and Galle were countersued by those who lost their jobs as a result of their actions.
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b. Prior to winning their case, Mitchell and Galle faced retaliation by local officials for their efforts.
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Which of the following is a "rule" for working with the bureaucracy as a citizen? a. Remember you are dealing with people. b. Be pushy. c. Be confrontational. d. Be impatient.
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a. Remember you are dealing with people.
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Because bureaucracies divide responsibilities among employees, __________. a. citizens should expect the first person with whom they talk to be authorized to help them b. bureaucrats tend to be overworked and not want to perform their assigned duties c. citizens may need to be transferred from one person to another or from one agency to another when requesting a service d. citizens may have to give up on the hope of getting anything accomplished
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c. citizens may need to be transferred from one person to another or from one agency to another when requesting a service
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__________ would be considered political patronage. a. An agency chair hiring a consultant based on her excellent former work in the private sector b. A state representative hiring a campaign contributor to a job he knows nothing about c. A state commissioner delegating hiring duties to a human resources administrator d. A commissioner hiring an employee to a position based on her years of government experience
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b. A state representative hiring a campaign contributor to a job he knows nothing about
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One of the barriers to the development of a merit-based employment system in Texas was __________. a. constitutional provisions allowing the governor to appoint most top officials in the executive branch b. the implementation of whistle-blower protection laws c. the influence of the individualistic political subculture d. the creation of the Civil Service Commission by the federal government
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c. the influence of the individualistic political subculture
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To better serve the public, some reform advocates have pushed for __________. a. decentralization of personnel systems in Texas b. the elimination of most merit-based positions in bureaucratic agencies c. the creation of a patronage appointment panel for administering state employment d. a merit employment system based somewhat on U.S. law
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d. a merit employment system based somewhat on U.S. law
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Since the 1930s, pressure from the federal government on states to adopt merit employment and pay attention to other employment practices has come from __________. a. conditions attached to federal grants and federal laws prohibiting hiring discrimination b. returning governmental authority to states and rulings by the Supreme Court c. increased appointment powers of the president d. sunset laws and anti-revolving-door legislation passed by the U.S. Congress
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a. conditions attached to federal grants and federal laws prohibiting hiring discrimination
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Higher education and public school employees __________. a. are subject to different employment policies than other state employees b. do not have a probationary period, thus guaranteeing them employment for life c. obtain their jobs primarily through appointment by local school boards d. are subject to employment policies laid out by the Texas Education Agency
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a. are subject to different employment policies than other state employees
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Because of Texas's highly decentralized system, __________. a. standing committees in the legislature determine personnel policies for agencies that they oversee b. personnel policies in the state mirror those used by the federal government c. the attorney general must review proposed personnel policies from each executive department d. personnel policies are largely unique to each agency, some with better policies than others
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d. personnel policies are largely unique to each agency, some with better policies than others
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The Texas Workforce Commission is responsible for __________. a. overseeing the hiring process for new public workers b. assisting agencies in recruiting by listing all state job openings c. establishing policies on vacations, holidays, and retirement d. providing a link between state unions and the government
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b. assisting agencies in recruiting by listing all state job openings
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Federal courts have been leaders in __________. a. protecting civil and political liberties b. establishing traffic violations c. implementing the death penalty d. defining terms for the medicinal use of marijuana
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a. protecting civil and political liberties
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Most criminal activities are defined and their punishments established in the __________. a. Civil Code b. Jurisprudence Code c. Penal Code d. Hammurabi Code
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c. Penal Code
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Even minor disputes in lower courts can be costly and time-consuming because __________. a. there are so few courthouses and people typically have to drive a long way to get to one b. they often require professional assistance from a lawyer c. budget cuts in the federal government have led to staff reductions in judges' offices d. most decisions reached in courts go through so many appeals before ever being fully resolved
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b. they often require professional assistance from a lawyer
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The authority of a court to try or resolve a civil lawsuit or a felony prosecution being heard for the first time is known as __________. a. appellate jurisdiction b. original jurisdiction c. supreme jurisdiction d. bifurcated jurisdiction
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b. original jurisdiction
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Texas has a bifurcated court system at its highest level in which __________. a. federal cases are heard by the Texas Supreme Court and state cases are heard by the Court of Criminal Appeals b. the Texas Supreme Court has only original jurisdiction and the Court of Criminal Appeals has only appellate jurisdiction c. the Texas Supreme Court establishes and defines misdemeanors and the Court of Criminal Appeals establishes and defines felonies d. the Texas Supreme Court handles civil cases and the Court of Criminal Appeals handles criminal cases
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d. the Texas Supreme Court handles civil cases and the Court of Criminal Appeals handles criminal cases
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Unlike federal judges, who are appointed by the president to life terms, state judges in Texas, except for those on municipal courts, are __________. a. appointed by the governor for specific terms b. selected by the state legislature for 10-year terms c. chosen by the Judicial Selection Committee of the Texas Bar Association d. elected to limited terms in partisan elections
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d. elected to limited terms in partisan elections
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__________ typically handle cases concerning things such as traffic tickets. a. The county court-at-law and municipal courts b. Municipal and statutory county courts c. Justice of the peace and municipal courts d. District and appellate courts
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c. Justice of the peace and municipal courts
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Most municipal courts and justice of the peace courts __________. a. are not courts of record b. are presided over by judges appointed by the governor c. have mostly appellate jurisdiction d. only deal with civil cases
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a. are not courts of record
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Why did Texas create constitutional county courts? a. They were created by the legislature over the years to supplement the statutory county courts, in the process assuming responsibility over criminal cases. b. They were created by the Texas Constitution to serve the needs of the sparsely populated rural society that existed in Texas then. c. They were created by legislative order in 1954 to relieve the pressure from justice of the peace and municipal courts that had become overburdened with cases. d. They were created to provide a judicial branch at the county level in every county when Texas reorganized its counties in the early 1900s.
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b. They were created by the Texas Constitution to serve the needs of the sparsely populated rural society that existed in Texas then.
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Constitutional county courts __________. a. exist in approximately 40 percent of Texas counties b. are each led by a county judge who is constitutionally required to be a lawyer c. were established in the 1930s to cope with increasing regulatory responsibilities coming from the federal government d. often share some original jurisdiction in civil matters with justice of the peace and district courts
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d. often share some original jurisdiction in civil matters with justice of the peace and district courts
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What characterizes statutory county courts? a. Judges on these courts are selected by county commissioners. b. The constitution establishes one statutory county court in each county. c. They have inconsistent jurisdictions because each one was set up to deal with specific local problems. d. Determinations reached by these courts cannot be appealed to any higher court as they involve issues of county level legal codes.
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c. They have inconsistent jurisdictions because each one was set up to deal with specific local problems.
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The primary trial court in Texas is the __________. a. court of appeals b. municipal court c. justice of the peace court d. district court
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d. district court
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A plea bargain results when the defendant negotiates __________. a. to testify against individuals in exchange for charges against him or her being dropped b. with the judge in a case to exercise pity in issuing a sentence recommendation to the jury c. with prosecutors to plead guilty in exchange for a lighter sentence than he or she might receive if convicted in a trial d. with the governor to issue a pardon of his or her convicted crime
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c. with prosecutors to plead guilty in exchange for a lighter sentence than he or she might receive if convicted in a trial
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Intermediate courts of appeals __________. a. all have nine justices that hear all the cases brought before the court b. are the primary trial courts in Texas c. have original jurisdiction over most civil disputes involving less than $50,000 d. are generally organized by geographical area of the state
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d. are generally organized by geographical area of the state
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The framers of the Texas Constitution of 1876 created separate courts of last resort for civil and criminal cases __________. a. to fragment political power and decentralize the structure of government b. in an effort to slow down the judicial process c. to follow the example of the federal government and other states d. so they would have more positions on the highest courts to which they could be appointed
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a. to fragment political power and decentralize the structure of government
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What is the primary purpose of the Texas Supreme Court? a. to decide on civil and criminal appeals and oversee the State Bar exam b. to decide on the constitutionality of legislation produced by the legislature c. to decide on civil appeals and develop administrative procedures for state courts d. to handle cases that involve the government and one or more parties
answer
c. to decide on civil appeals and develop administrative procedures for state courts
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Both the Texas Supreme Court and the Court of Criminal Appeals __________. a. have original jurisdiction over any cases in which an elected official is a party in the case b. have nine justices who are elected for six-year staggered terms c. have all of their decisions automatically reviewed by the U.S. Supreme Court d. handle both civil and criminal cases
answer
b. have nine justices who are elected for six-year staggered terms
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In what way does the district attorney (DA) exercise considerable power in the criminal justice process? a. Because DAs are appointed by the governor, their work in the criminal justice system can be an extension of the governor's policy on crime. b. The DA can postpone a criminal trial indefinitely at any time until the state can bring enough evidence to get a conviction. c. The DA decides which cases to take to a grand jury for an indictment and whether to seek the maximum penalty for an offense. d. Not only do DAs prosecute felonies, but they are also in charge of the state prisons within their districts.
answer
c. The DA decides which cases to take to a grand jury for an indictment and whether to seek the maximum penalty for an offense.
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Grand juries __________. a. tend to overrepresent minority interests b. make determinations on the innocence or guilt of defendants c. must meet in public with an attorney present for the accused d. are responsible for reviewing evidence and deciding whether to indict individuals
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d. are responsible for reviewing evidence and deciding whether to indict individuals
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Petit juries __________. a. are responsible for reviewing evidence and deciding whether to indict individuals b. are the juries for which most people are likely to be called on to serve c. meet in private to consider information presented them by a prosecuting attorney d. always have a minimum of 15 people
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b. are the juries for which most people are likely to be called on to serve
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Convicting a defendant on a felony charge in Texas __________. a. requires a unanimous jury verdict b. requires the judge to agree with a jury's decision c. requires a preponderance of evidence of potential guilt d. is most often the responsibility of grand juries
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a. requires a unanimous jury verdict
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Cases reach the Texas Supreme Court primarily on __________. a. petitions for review b. writs of mandamus c. petitions for acceptance d. de novo writs
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a. petitions for review
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The Texas Supreme Court __________. a. must hear all cases appealed to it from lower courts b. holds oral arguments in cases in private with only lawyers for the two sides allowed to be present c. has significant discretion over what cases it will consider d. will only hear an appeal from a lower court if all justices on the court agree to hear the appeal
answer
c. has significant discretion over what cases it will consider
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When a case reaches an appellate court __________. a. judges and a jury start a de novo trial b. the jury provides an opinion to help the judges determine the innocence or guilt of a defendant c. judges can overturn the decisions of lower courts as long as they get a majority vote from the original jurists to do so d. judges review the case to determine if the lower courts conformed to constitutional and statutory law
answer
d. judges review the case to determine if the lower courts conformed to constitutional and statutory law
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What is the purpose of writs of mandamus on which the Texas Supreme Court sometimes acts? a. It is to remedy defects in justice by ordering lower courts or public officials to take a certain action. b. It offers an explanation as to why the Court has decided not to hear a case appealed to it. c. They are used to stop a case from being heard in a lower court and to transfer it to a higher court. d. They are decrees ordering the legislature to strike down unconstitutional laws.
answer
a. It is to remedy defects in justice by ordering lower courts or public officials to take a certain action.
question
Most of the minorities who have served on the Texas Supreme Court and the Court of Criminal Appeals __________. a. overwhelmingly won statewide elections to gain their seats b. were originally appointed by the governor to fill midterm vacancies c. were selected by the Judicial Commission to follow affirmative action policies d. have been Native Americans
answer
b. were originally appointed by the governor to fill midterm vacancies
question
What effect did League of United Latin American Citizens et al. v. Mattox et al. have on the Texas judicial system? a. The Court determined that because minority voting power is diluted in statewide elections, Texas had to divide the state into eight districts for electing associate justices of the Texas Supreme Court and the Court of Criminal Appeals. b. It required the governor to consider race and ethnicity as a factor when appointing judges to vacancies. c. Although the Court ruled against the minority plaintiffs, the publicity of the case has led to the election of Hispanics to high-level Texas courts in proportion to their share of the state's population. d. It resulted in little change, and Texas judges for district courts in urban areas are still elected on a countywide basis.
answer
d. It resulted in little change, and Texas judges for district courts in urban areas are still elected on a countywide basis.
question
Prior to the 1970s, how did most justices interpret the law in Texas? a. Justices acted primarily as judicial activists who believed they, and not the legislature, should set policy and that the role of the courts should not be narrowly interpreted. b. Most justices saw themselves as defenders of the lower classes and were actively involved in increasing the powers of the courts and setting policy. c. Establishment justices viewed themselves as strict constructionists who honored case law and legal precedent while typically favoring corporations. d. Justices viewed themselves as protectors of the common citizen and active promoters of consumer interests.
answer
c. Establishment justices viewed themselves as strict constructionists who honored case law and legal precedent while typically favoring corporations.
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Why did the Texas State Commission on Judicial Conduct publicly sanction Texas Supreme Court Justices C. L. Ray and William Kilgarlin in June 1987? a. They had assisted several county officials, including two commissioners and a sheriff, in covering up evidence from a whistle-blower case. b. They were found to have dismissed evidence that was detrimental to several of their cases and of delivering verdicts based on personal beliefs rather than on civil law. c. They were found to have blackmailed several attorneys to misrepresent clients in cases where it was feared the state would lose. d. They were found to have solicited funds from attorneys and to have had improper contact with attorneys practicing before the court.
answer
d. They were found to have solicited funds from attorneys and to have had improper contact with attorneys practicing before the court.
question
Texas Supreme Court Chief Justice John L. Hill resigned from the court in 1988 to advocate for a merit selection plan that would __________. a. establish standardized application procedures for individuals applying to serve as justices on the court b. allow the governor to appoint justices to the court who would then have to run in retention elections to keep their seats c. give the Texas Bar Association the power to approve or disapprove justices elected by the people d. provide the judiciary committees in the two chambers of the legislature the authority to select justices
answer
b. allow the governor to appoint justices to the court who would then have to run in retention elections to keep their seats
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In 1998, the Republican Party won __________ seats on the Texas Supreme Court. a. the majority of the b. all of the c. seven d. none of the
answer
b. all of the
question
Legislation enacted in 1987 aimed at bringing about tort reform attempted __________. a. to put some limits on personal injury lawsuits and damage judgments entered by the courts b. to place limits on campaign contributions that could be donated to judges by corporations c. to put limits on the number of years a judge could serve in a particular court d. to increase the amount of transparency concerning the appointment of judges in district courts
answer
a. to put some limits on personal injury lawsuits and damage judgments entered by the courts
question
In reports issued in 1999, 2008, and 2012, Texas Watch, a consumer advocacy group, __________. a. found that the Texas Supreme Court consistently ruled in favor of consumers over business-related litigants b. argued that the continuation of partisan elections for Texas Supreme Court justices was the only way to ensure fairness in court rulings c. concluded that the Republican justices on the Texas Supreme Court were as activist as earlier Democratic justices, just with a different viewpoint d. found no relationship between campaign contributions and rulings by the Texas Supreme Court
answer
c. concluded that the Republican justices on the Texas Supreme Court were as activist as earlier Democratic justices, just with a different viewpoint
question
What benefits are offered by a nonpartisan election system for judges, which some advocate be used in Texas? a. It would move the judiciary away from judicial activism and instead promote the election of judges based on merit rather than their philosophy. b. It would guard against partisan bickering on the multimember appellate courts and eliminate the possibility of a poorly qualified candidate being swept into office by straight-ticket voting. c. It would allow the governor to appoint judges from lists of nominees recommended by nominating committees, and later the voters could decide whether they should remain in office. d. It would prevent the possibility of corruption by forcing judicial candidates to fund their own campaigns, essentially protecting them from the influence of contributor money.
answer
b. It would guard against partisan bickering on the multimember appellate courts and eliminate the possibility of a poorly qualified candidate being swept into office by straight-ticket voting.
question
If stricter limits were placed on campaign funds that judicial candidates could raise from lawyers and special interests, which of the following would be the most likely result? a. increasing public awareness and the casting of more informed votes in judicial races b. eliminating activist tendencies of elected judges c. increasing the probability of minorities winning judicial elections d. improving public confidence in the impartiality of the judiciary
answer
d. improving public confidence in the impartiality of the judiciary
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Under the __________ ruling, police are required by the courts to inform us of our rights. a. reasonable suspicion b. full disclosure c. Miranda d. defendant protection
answer
c. Miranda
question
Under both the U.S. and Texas Constitutions, a person charged with a crime is presumed __________. a. guilty until proven innocent by an appointed attorney b. innocent until the state can prove guilt beyond a reasonable doubt to a judge or jury c. innocent until the state can prove reasonable guilt to a judge or jury d. guilty until the defendant convinces a jury of innocence beyond a shadow of doubt
answer
b. innocent until the state can prove guilt beyond a reasonable doubt to a judge or jury
question
Following the completion of the Republican takeover of the Texas Court of Criminal Appeals in 1998, that court __________. a. began ruling more frequently in favor of prosecutors b. increased the rate at which it overturned death sentences c. expanded its jurisdiction to include civil cases involving claims of more than $1 million d. ruled that Texas's method of execution in death penalty cases must be changed from the electric chair to lethal injection
answer
a. began ruling more frequently in favor of prosecutors
question
What was the result of the Texas Supreme Court ruling in the 1989 Edgewood school case? a. It ordered basic changes in the financing of public K-12 education in order to provide more equity between rich and poor school districts. b. It ruled that schools could pump as much water as they wanted from wells located on school property. c. It ordered an increase in hiring of minorities through a quota system that would allow for greater diversity among school staff. d. It ruled that public K-12 schools could no longer allow prayer or discussion of religion in a classroom as it violated the principle of separation of church and state.
answer
a. It ordered basic changes in the financing of public K-12 education in order to provide more equity between rich and poor school districts.
question
The Texas Supreme Court ruling in the 1998 Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc. __________. a. overturned the state law prohibiting state funds from being used for medically necessary abortions b. defined life as beginning at inception, thereby making abortion subject to criminal prosecution as murder c. upheld restrictions of a lower court on demonstrations near abortion clinics and the homes of doctors who performed abortions d. overturned a series of restrictions ( including "informed consent" and parental approval for minors) on abortions enacted by the state legislature
answer
c. upheld restrictions of a lower court on demonstrations near abortion clinics and the homes of doctors who performed abortions
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