Texas State ; Local Government (Ch. 11, 12, ; 13) – Flashcards
92 test answers
Unlock all answers in this set
Unlock answers 92question
Petit Jury
answer
a trial jury of 6 or 12 members
Unlock the answer
question
Texas Tomorrow Funds
answer
a tuition plan that provides a way for parents to save for their children's education and to lock in the cost of tuition and fees at the state's public colleges and universities.
Unlock the answer
question
Civil Law
answer
the body of law concerning noncriminal matters, such as business contracts and personal injury.
Unlock the answer
question
Criminal Law
answer
the body of law concerning felony and misdemeanor offenses by individuals against other persons and property, or in violation of laws or ordinances
Unlock the answer
question
Misdemeanor
answer
classified as A, B, or C, a misdemeanor may be punished by fine and/or jail sentence
Unlock the answer
question
Felony
answer
a serious crime punished by fine and prison confinement
Unlock the answer
question
Jurisdiction
answer
a court's authority to hear a particular case
Unlock the answer
question
Probate
answer
proceedings that involve the estates of decedents. Additionally, courts with probate jurisdiction (county courts, county courts-at-law, and probate courts) handle guardianship and mental competency matters.
Unlock the answer
question
Original Jurisdiction
answer
the power of a court to hear a case first
Unlock the answer
question
Appellate Jurisdiction
answer
the power of a court to review cases after they have been tried elsewhere
Unlock the answer
question
Exclusive Jurisdiction
answer
the authority of only one court to hear a particular type of case
Unlock the answer
question
Concurrent Jurisdiction
answer
the authority of more than one court to try a case (for example, a civil dispute involving more than $200 but less than $10,000 may be heard in either a justice of the peace court, a county court ( or county-court-at-law), or a district court)
Unlock the answer
question
Municipal Court
answer
City-run court with jurisdiction primarily over Class C misdemeanors committed within a city's boundaries.
Unlock the answer
question
Justice of the Peace
answer
A judge elected from a justice of the peace precinct who handles minor civil and criminal cases.
Unlock the answer
question
Court of Record
answer
a court that has a court reporter or electronic device to record testimony and proceedings.
Unlock the answer
question
Bifurcated
answer
a divided court system in which different courts handle civil and criminal cases. In Texas, the highest-level appeals courts are bifurcated
Unlock the answer
question
Specialty Courts
answer
courts designed to deal with particular types of problems, such as drug-related offenses, or specific populations, such as veterans or foster children
Unlock the answer
question
Alternative Dispute Resolution (ADR)
answer
Use of mediation, conciliation, or arbitration to resolve disputes among individuals without resorting to a regular court trial.
Unlock the answer
question
Missouri Plan
answer
a judicial selection process in which a commission recommends a panel of names to the governor, who appoints a judge for one year or so before voters determine whether the appointee will be retained for a full term.
Unlock the answer
question
Appointment-retention System
answer
a 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 an uncontested popular election.
Unlock the answer
question
Grand Jury
answer
Composed of 12 persons with the qualifications of trial jurors, a grand jury services six months while it determines whether sufficient evidence exists to indict persons accused of committing crimes
Unlock the answer
question
Venire
answer
a panel of prospective jurors drawn by random selection. These prospective jurors are called veniremen
Unlock the answer
question
Voir Dire
answer
Courtroom procedure in which attorney question pros who cannot be fair and impartial.
Unlock the answer
question
Tort
answer
an injury to a person or an individual's property resulting from the wrongful act of another.
Unlock the answer
question
Plaintiff
answer
The injured party who initiates a civil suit or the state in a criminal proceeding
Unlock the answer
question
Defendant
answer
The person sued in a civil proceeding or prosecuted in a criminal proceeding.
Unlock the answer
question
Discovery
answer
gathering information from the opposing party and witnesses in a lawsuit, including examination of relevant documents, obtaining written and oral answers to questions, inspecting property under the control of the other party, and similar activities
Unlock the answer
question
Special Issues
answer
Questions a judge gives a trial jury to answer to establish facts in a civil case.
Unlock the answer
question
Verdict
answer
a jury's decision about a court case
Unlock the answer
question
Judgment
answer
a judge's written opinion based on a verdict
Unlock the answer
question
Exculpatory Evidence
answer
evidence that helps a defendant and may exonerate the defendant in a criminal trial
Unlock the answer
question
Criminal Justice System
answer
The system involves prosecution, defense, sentencing, and punishment of those suspected or convicted of committing a crime
Unlock the answer
question
Texas Penal Code
answer
The body of Texas law covering crimes, penalties, and correctional measures.
Unlock the answer
question
Graded Penalties
answer
Depending on the nature of the crime, noncapital felonies are graded as first degree, second degree, third degree and state jail; misdemeanors are graded as A, B, C.
Unlock the answer
question
Enhanced Punishment
answer
Additional penalties or prison time for those who engage in organized crime or hate crimes, and for repeat offenders.
Unlock the answer
question
Capital Felony
answer
A crime punishable by death or life imprisonment without parole
Unlock the answer
question
Plea Bargain
answer
a deal between the prosecutor and the defendant in a criminal case in which the defendant agrees to plead guilty to a specific charge and in return will get certain concession from the prosecutor.
Unlock the answer
question
Moratorium
answer
the delay or suspension of an activity or law. A moratorium may be imposed when something is seen as a needing improvement
Unlock the answer
question
Administrative Segregation
answer
Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior.
Unlock the answer
question
Recidivism
answer
criminal behavior that results in reincarceration after a person has been released from confinement for a prior offense
Unlock the answer
question
Adjudication hearing
answer
a trial in juvenile court
Unlock the answer
question
Fiscal Policy
answer
public policy that concerns taxing, government spending, public debt, and management of government money.
Unlock the answer
question
Tax
answer
a mandatory assessment exacted by the government fir public purpose
Unlock the answer
question
Regressive Tax
answer
a tax in which the effective tax rate falls as the tax base (such as individual income or corporate profits) increases
Unlock the answer
question
Progressive Tax
answer
a tax in which the effective tax rate increases as the tax base (such as individual income or corporate profits) increases.
Unlock the answer
question
Service Sector
answer
Businesses that provide services, such as finance, health care, food service, data processing, or consulting.
Unlock the answer
question
Fee
answer
a charge imposed by an agency upon those subject to its regulation
Unlock the answer
question
Balance Budget
answer
a budget in which total revenues and expenditures are equal, producing no deficit
Unlock the answer
question
General Revenue Fund
answer
an unrestricted state fund that is available for general appropriations.
Unlock the answer
question
Dedicated Fund
answer
a restricted state fund that has been identified to fund a designated purpose. If the fund is consolidated within the general revenue fund, it usually must be spent for its intended purpose. Unappropriated amounts of dedicated funds, even those required to be used for a specific purpose, can be included in the calculations to balance the state budget.
Unlock the answer
question
Selective Sales Tax
answer
a tax charged on specific products and services
Unlock the answer
question
Sin Tax
answer
a selective sales tax on items such as cigarettes, other forms of tobacco, alcoholic beverages, and admission to sex-oriented businesses.
Unlock the answer
question
Franchise Tax
answer
a tax levied on the annual receipts of businesses that are organized to limit the personal liability of owners for the privilege of conducting business in the state.
Unlock the answer
question
Payroll Tax
answer
an employer-paid tax levied against a portion of the wages and salaries of workers to provide funds for payment of unemployment insurance benefits in the even employees lose their jobs.
Unlock the answer
question
Severance Tax
answer
an excise tax levied on a natural resource (such as oil or natural gas) when it is severed (removed) from the earth
Unlock the answer
question
Grant-in-aid
answer
Money, goods, or services given by one government to another (for example, federal grants-in-aid to states for financing public assistance programs)
Unlock the answer
question
General Obligation Bond
answer
amount borrowed by the state that is repaid from the General Revenue Fund.
Unlock the answer
question
Revenue Bond
answer
Amount borrowed by the state that is repaid from a specific revenue source
Unlock the answer
question
Rainy Day Fund
answer
a fund used like a savings account for stabilizing state finance and helping the state meeting economic emergencies when revenue is insufficient to cover state-supported programs
Unlock the answer
question
Budget
answer
a plan of financial operation indicating how much revenue a government expects to collect during a period (usually one or two fiscal years) and how much spending is authorized for agencies and programs.
Unlock the answer
question
Legislative Budget Board (LBB)
answer
a 10-member body cochaired by the lieutenant governor and the Speaker of the House. This board and its staff prepare a biennial current services budget. In addition, they assist with the preparation of a general appropriation bill at the beginning of a regular legislative session. If requested, staff members prepare fiscal notes that assess the economic impact of a proposed bill or resolution.
Unlock the answer
question
Budget Execution
answer
the 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.
Unlock the answer
question
"Robin Hood" Plan
answer
A plan for equalizing financial support for school districts by transferring tax money from rich districts to poor districts.
Unlock the answer
question
TEXAS Grants Program
answer
"Toward Excellence, Access, and Success" is a college financial assistance program that provides funding for qualifying students.
Unlock the answer
question
Children's Health Insurance Program (CHIP)
answer
A program that provides medical insurance for minimal premiums to children from low-income families.
Unlock the answer
question
ChildLINK
answer
A program administered by the Texas Attorney General's Child Support Division in which medical support payments from noncustodial parents are used to provide insurance for their children.
Unlock the answer
question
Texas Court Structure
answer
1. Local Trial Courts 2. County Trial Courts 3. State Trial Courts 4. State Intermediate Appellate Courts
Unlock the answer
question
Local Trial Courts
answer
- Most Familiar municipal courts and justice of the peace courts -Charges involve Class C misdemeanors which includes most traffic violation and is the least serious category -Judges and justices of the peace may perform marriages -Judges & justices of the peace may issue warrants for the arrest of suspects and conduct hearings to determine whether a person charged with a criminal act will be released on bail or jailed pending further court action
Unlock the answer
question
What are the different types of Country Trial Courts?
answer
- Constitutional County Courts - Statutory County Courts -Statutory Probate Courts
Unlock the answer
question
Constitutional County Courts
answer
a. Original jurisdiction in civil actions between $200 and $10,000 b. Probate (contested matters may be transferred to district court) c. Exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentence d. Juvenile matters e. Appeals de novo from lower courts or on the record from municipal courts of record
Unlock the answer
question
Statutory County Courts
answer
a. All civil, criminal, original and appellate action prescribed by law for constitutional county courts b. In addition, jurisdiction over civil matters up to $200,000 (some courts may have higher maximum jurisdiction amount).
Unlock the answer
question
Statutory Probate Courts
answer
Limited Primarily to probate matters
Unlock the answer
question
State Trial Courts
answer
1. Original jurisdiction in civil actions over $200, divorce 2. Original jurisdiction in felony criminal matters 3. Juvenile matters 4. 13 district courts are designated criminal district courts; some others are directed to give preference to certain specialize areas.
Unlock the answer
question
State Intermediate Appellate Courts
answer
Intermediate appeals from trial courts in their respective courts of appeals districts
Unlock the answer
question
State Highest Appellate Courts
answer
Consist of both the Supreme Court and Court of Criminal Appeals
Unlock the answer
question
Supreme Court
answer
Is the final appellate jurisdiction in civil and juvenile cases
Unlock the answer
question
Court of Criminal Appeals
answer
Final appellate jurisdiction in criminal cases
Unlock the answer
question
What are the different court jurisdictions?
answer
Original, Appellate, Exclusive, & Concurrent Jurisdiction
Unlock the answer
question
Original Jurisdiction
answer
authority to try cases being heard for the first time
Unlock the answer
question
Appellate Jurisdiction
answer
authority to rule on lower court decision
Unlock the answer
question
Exclusive Jurisdiction
answer
only court with the authority to decided a particular type of case
Unlock the answer
question
Concurrent Jurisdiction
answer
more than one court has authority to a try specific dispute
Unlock the answer
question
What are jury systems good for?
answer
It let's citizens participate directly in the administration of justice. It consists of the Grand and Petit Jury
Unlock the answer
question
Grand Jury
answer
- Composed of 12 citizens - Most states and the federal government only use random selection to choose grand jurors - County commissioners determine the pay for grand jurors - A grand jury's life lasts for a district court's term - During this period, grand juries have the authority to inquire into all criminal actions but devote most of their time to felony matters - Jurors and witnesses are sworn to keep secret all they hear in grand jury sessions. - If, after investigation and deliberation at least nine grand jurors decide there is sufficient evidence to warrant a trial, an indictment is prepared with the aid of the prosecuting attorney.
Unlock the answer
question
Petit Jury
answer
- A greater number of Texans can expect to be summoned to duty on trial jury - The court gives them brief printed instructions that describe their duties and explain basic legal terms and trial procedures
Unlock the answer
question
What are some exemption from being excused from jury duty?
answer
1. Being age 70 or older 2. Having legal custody of a child or children younger than age 10 3. Being enrolled in and attending a university, college, or secondary school 4. Being the primary caregiver for an invalid 5. Being employed by the legislative branch of state government 6. Having served as a petit juror within the preceding two years in counties with population of at least 200,000 or the preceding three years in counties with populations of more than 250,000 7. Being on the active military duty outside the county
Unlock the answer
question
Qualification for Jurors are...
answer
1. A citizen of the U.S. and of the state of Texas 2. 18 years of age or older 3. Of sound mind 4. Able to read and write 5. Neither convicted of a felony nor under indictment or other legal accusation of theft or any felony
Unlock the answer
question
What are some roles for the State Bar of Texas?
answer
1. Known for both its lobbying activities and its role in enforcing ethical standards for Texas lawyers 2. Organization is authorized to discipline, suspend, and disbar attorneys
Unlock the answer
