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Dual Budgeting System

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the compilation of separate budgets by the legislative branch and the executive branch

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DNA (deoxyribonucleic acid

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the fundamental and distinctive characteristics or qualities of someone or something, especially when regarded as unchangeable. DNA testing, has been a resource that aids both defendants and prosecutors

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Contingency Fee

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A lawyer's compensation paid from money recovered in a lawsuit

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Collaborative Divorce

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is another nonadversarial method for resolving disputes outside the courtroom. Families with children are encouraged to use collaborative procedures unless family violence is involved

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Petit Jury

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a trial jury of 6 or 12 members

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Texas Tomorrow Funds

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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.

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Civil Law

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the body of law concerning noncriminal matters, such as business contracts and personal injury.

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Criminal Law

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the body of law concerning felony and misdemeanor offenses by individuals against other persons and property, or in violation of laws or ordinances

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Misdemeanor

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classified as A, B, or C, a misdemeanor may be punished by fine and/or jail sentence

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Felony

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a serious crime punished by fine and prison confinement

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Jurisdiction

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a court's authority to hear a particular case

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Probate

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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.

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Original Jurisdiction

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the power of a court to hear a case first

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Appellate Jurisdiction

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the power of a court to review cases after they have been tried elsewhere

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Exclusive Jurisdiction

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the authority of only one court to hear a particular type of case

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Concurrent Jurisdiction

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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)

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Municipal Court

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City-run court with jurisdiction primarily over Class C misdemeanors committed within a city's boundaries.

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Justice of the Peace

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A judge elected from a justice of the peace precinct who handles minor civil and criminal cases.

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Court of Record

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a court that has a court reporter or electronic device to record testimony and proceedings.

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Bifurcated

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a divided court system in which different courts handle civil and criminal cases. In Texas, the highest-level appeals courts are bifurcated

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Specialty Courts

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courts designed to deal with particular types of problems, such as drug-related offenses, or specific populations, such as veterans or foster children

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Alternative Dispute Resolution (ADR)

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Use of mediation, conciliation, or arbitration to resolve disputes among individuals without resorting to a regular court trial.

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Missouri Plan

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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.

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Appointment-retention System

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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.

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Grand Jury

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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

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Venire

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a panel of prospective jurors drawn by random selection. These prospective jurors are called veniremen

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Voir Dire

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Courtroom procedure in which attorney question pros who cannot be fair and impartial.

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Tort

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an injury to a person or an individual's property resulting from the wrongful act of another.

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Plaintiff

answer

The injured party who initiates a civil suit or the state in a criminal proceeding

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Defendant

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The person sued in a civil proceeding or prosecuted in a criminal proceeding.

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Discovery

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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

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Special Issues

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Questions a judge gives a trial jury to answer to establish facts in a civil case.

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Verdict

answer

a jury's decision about a court case

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Judgment

answer

a judge's written opinion based on a verdict

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Exculpatory Evidence

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evidence that helps a defendant and may exonerate the defendant in a criminal trial

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Criminal Justice System

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The system involves prosecution, defense, sentencing, and punishment of those suspected or convicted of committing a crime

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Texas Penal Code

answer

The body of Texas law covering crimes, penalties, and correctional measures.

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Graded Penalties

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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.

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Enhanced Punishment

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Additional penalties or prison time for those who engage in organized crime or hate crimes, and for repeat offenders.

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Capital Felony

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A crime punishable by death or life imprisonment without parole

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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.

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Moratorium

answer

the delay or suspension of an activity or law. A moratorium may be imposed when something is seen as a needing improvement

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Administrative Segregation

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Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior.

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Recidivism

answer

criminal behavior that results in reincarceration after a person has been released from confinement for a prior offense

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Adjudication hearing

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a trial in juvenile court

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Fiscal Policy

answer

public policy that concerns taxing, government spending, public debt, and management of government money.

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Tax

answer

a mandatory assessment exacted by the government fir public purpose

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Regressive Tax

answer

a tax in which the effective tax rate falls as the tax base (such as individual income or corporate profits) increases

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Progressive Tax

answer

a tax in which the effective tax rate increases as the tax base (such as individual income or corporate profits) increases.

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Service Sector

answer

Businesses that provide services, such as finance, health care, food service, data processing, or consulting.

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Fee

answer

a charge imposed by an agency upon those subject to its regulation

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Balance Budget

answer

a budget in which total revenues and expenditures are equal, producing no deficit

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General Revenue Fund

answer

an unrestricted state fund that is available for general appropriations.

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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.

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Selective Sales Tax

answer

a tax charged on specific products and services

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Sin Tax

answer

a selective sales tax on items such as cigarettes, other forms of tobacco, alcoholic beverages, and admission to sex-oriented businesses.

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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.

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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.

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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

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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)

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General Obligation Bond

answer

amount borrowed by the state that is repaid from the General Revenue Fund.

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Revenue Bond

answer

Amount borrowed by the state that is repaid from a specific revenue source

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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

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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.

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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.

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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.

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"Robin Hood" Plan

answer

A plan for equalizing financial support for school districts by transferring tax money from rich districts to poor districts.

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TEXAS Grants Program

answer

"Toward Excellence, Access, and Success" is a college financial assistance program that provides funding for qualifying students.

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Children's Health Insurance Program (CHIP)

answer

A program that provides medical insurance for minimal premiums to children from low-income families.

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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.

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Texas Court Structure

answer

1. Local Trial Courts 2. County Trial Courts 3. State Trial Courts 4. State Intermediate Appellate Courts

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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

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What are the different types of Country Trial Courts?

answer

- Constitutional County Courts - Statutory County Courts -Statutory Probate Courts

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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

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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).

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Statutory Probate Courts

answer

Limited Primarily to probate matters

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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.

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State Intermediate Appellate Courts

answer

Intermediate appeals from trial courts in their respective courts of appeals districts

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State Highest Appellate Courts

answer

Consist of both the Supreme Court and Court of Criminal Appeals

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Supreme Court

answer

Is the final appellate jurisdiction in civil and juvenile cases

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Court of Criminal Appeals

answer

Final appellate jurisdiction in criminal cases

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What are the different court jurisdictions?

answer

Original, Appellate, Exclusive, & Concurrent Jurisdiction

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Original Jurisdiction

answer

authority to try cases being heard for the first time

question

Appellate Jurisdiction

answer

authority to rule on lower court decision

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Exclusive Jurisdiction

answer

only court with the authority to decided a particular type of case

question

Concurrent Jurisdiction

answer

more than one court has authority to a try specific dispute

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

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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.

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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

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

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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

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

Texas State ; Local Government (Ch. 11, 12, ; 13) – Flashcards

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