Lone Star Politics Ch 5
Order by
50 terms
Terms | Definitions |
|---|---|
 Appellate Jurisdiction | the authority to hear the appeal from a lower court, which has already rendered a decision; appellate courts review the court record from the original trial and do not hear new evidence. |
| At-large Elections | elections where a county is treated as a single district and candidates are elected from the entire district as a whole. |
| Beyond a reasonable Doubt | in a system where the defendant is presumed innocent, this is the standard for the burden of proof of a defendant's guilt in criminal trials. |
| Civil Cases | cases in which an aggrieved party sues for damages claiming that he or she has been wronged by another individual. |
| Compensatory Damages | monetary damages designed to compensate the injured party. |
| Concurrent Jurisdiction | a system where different levels of courts have overlapping jurisdiction, often resulting in a confusing and ill-defined system. |
| Criminal Cases | cases in which an individual is charged by the state with violating the laws and the state brings the suit. |
| Cumulative voting | a system that allows voters to take the total number of positions to be selected in a district and divide the votes among one or a few candidates. |
| De Nova | to hear an appeal with a new trial, most commonly taken in the absence of an official case record. |
| Defendant (civil) | the party alleged to have committed the wrong at issue in the suit. |
| Defendant (criminal) | a person charged with committing a crime. |
| En Banc | an appeal that is heard by the entire court of appeals, rather than by a select panel of judges. |
| Exclusive Jurisdiction | a particular level of court with the sole right to hear a specific type of case. |
| Grand Jury | a panel of twelve that reviews evidence, determines whether there is sufficient evidence to bring a trial, and issues an indictment. |
| Incumbency Advantage | advantages enjoyed by the incumbent candidate, or current officeholder, in elections. Based on greater visibility, proven record of public service, and often better access to resources. |
| Indictment | a document that formally charges a defendant with committing a crime. |
| Jessica's Law | adopted in several states, that provides for the death penalty or life imprisonment without parole for repeat sexual predators whose victims are underage, in Texas, defined as under the age of fourteen. |
| Judicial Federalism | a system in which judicial authority is shared between levels of government. |
| Jurisdiction | the court's sphere of authority. |
| Magistrate Functions | the authority to conduct the preliminary procedures in criminal cases, such as issuing search and arrest warrants, conducting preliminary hearings, and setting bail for more serious crimes. |
| Name Recognition | making a voting choice based on familiarity with or previous recognition of a candidate's name. |
| Original Jurisdiction | courts with the authority to hear the initial case; this is where the evidence and the case record are established. |
| Petit Jury | a trial jury, which attends a trial, listens to evidence, and determines whether a defendant is innocent or guilty. |
| Plaintiff | the party claiming to have been wronged and bringing the suit. |
| Preponderance of Evidence | the burden of proof in a civil case, which is lower than that in a criminal case; the plaintiff must show merely that the defendant is likely to have committed the wrong. |
| Private Prisons | private, for-profit prison corporations that staff and run the prison facilities in a state. |
| Prosecutor | a lawyer who represents the government and brings a case in criminal trials. |
| Punitive Damages | larger monetary awards designed to punish the defendant and, perhaps, send a message to the larger society. |
| Recidivism | a former inmate's return to crime after being released from prison. |
| Straight Ticket Voting | allowing a voter to select all of the candidates running under a party label by simply checking off a box with the party label. |
| The Texas state-level trial courts of genearl and special jurisdiction, and most especially original jurisdiction in felony criminal matters, are the, A. Courts of criminal appeals B. District courts C. County-level courts D. Justice of the peace courts | B. |
| True or False? The Texas Supreme Court is the state's highest court for criminal appeals. | False. Court of Criminal Appeals is the correct answer. |
| The Texas Constitution grants the ______ the power to remove district judges for incompetence, official misconduct, or negligence. A. Office of the attorney general B. Governor C. Supreme Court D. Court of criminal appeals. | C. Supreme Court |
| The Location where a case is initially heard is referred to as A. Original Jurisdiction B. Appellate Jurisdiction C. Municipal court jurisdiction D. Stare decisis | A. Original Jurisdiction |
| True or False? The Texas justice system is simplistic, orderly, and provides legal equity for the citizens of Texas. | False |
| True or False? With the exception of municipal judges, judges in Texas are elected to office in partisan elections. | True |
| The Texas Constitution specifies that each county must have from one to eight of this type of court depending on county population. These courts have original jurisdiction only, and civil jurisdiction in cases involving $5,000 or less. A. Municipal courts B. Justice of the peace courts C. Constitutional county courts D. District Courts | B. Justice of the peace courts |
| True or False? Party labels are more meaningful in judicial elections than in other political contests. | False |
| Rather than building new prisons in Texas, the legislature has turned to lowering recidivism by focusing on A. Increasing the number of felony cases with the death penalty as punishment B. The expansion of state rehabilitation facilities, including mental health and substance abuse facilities C. Privatization and shorter prison terms for persons convicted of non violent crimes. D. Pay increase and training of parole officers around the state | B. |
| True or False? Both the Texas Supreme Court and the Court of Criminal Appeals seat nine justices. | True |
| True or False? Due to the long campaign session in Texas, most judicial candidates run unopposed. | True |
| According to critics, which election method makes it much more difficult for minority judicial candidates to win public office? A. Single-member district elections B. At-large elections C. At-large by place elections D. Cumulative voting | B. At-large elections |
| True or False? All Judges in Texas are elected. | True |
| True or False? Where the American Federal Government has one highest court, the Texas State Government has two highest courts. | True |
| True or False? The American Federal Government determines the structure of state court systems. | False |
| A court's jurisdiction defines the court's A. Size of jury used in criminal cases. B. Sphere of authority C. Proximity to the Legislative Budget Board | B. Sphere of authority |
| True or False? The meaning of "en-banc" is a judicial appeal heard by a select panel of judges. | False |
| True or False? Where compensatory damages relate to monetary awards to the injured party, punitive damages relate to larger monetary awards specifically designed to punish the defendant and send a message to society as a whole. | True |
| True or False? Where original jurisdiction means a court is assigned the responsibility of hearing a given case for the first time, appellate jurisdiction means a court has the responsibility to review judicial decisions made in original cases. | True |
| Which of the following are characteristics of local trial courts in Texas? A. There are more than 5,000 Municipal Courts and Justice of the Peace Courts B. Both Municipal Court and Justice of the Peace Courts only handle appellate cases. C. Both Municipal Courts and Justice of the Peace Courts only handle felony cases. D. Local trial courts in Texas handle cases involving not more than $5,000. | D. Local trial courts in Texas handle cases involving not more than $5,000. |
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