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Government 2306 Test 3-Woodard
Terms in this set (92)
An Executive branch in which power is fragmented because of the election of statewide officeholders, independent of the election of governor
In order to run for Governor in Texas you must...
reside in Texas for the prior five years
support from party
The most significant Executive Power is?
Appointment, appointing people they want in order for them to help the governor in return
What does the Attorney General do?
states Attorney in civil cases
collects child support
How do you Impeach our Governor?
1. House brings charges
2. Senate holds trial
3. Texas Supreme Court justice presides
the main differences in Civil and Criminal Law
civil-dispute between two parties where someone is responsible with financial reward as the end result(settlement)
criminal-Dispute between you and the state with fines, probation, jail, or execution as end result
a lawyer working on a "contingency" based outcome, means what?
don't get paid unless you win
What does a Grand Jury do?
hears preliminary evidence in felony cases, determines if there is enough evidence to proceed with prosecution trial, does not determine guilt or innocence, protects citizens from political persecution
Are judges in Texas are appointed, or elected?
Who assigns crime categories and punishments?
the Texas Legislature through laws
Second DWI offense in Texas is categorized as what, and what is the punishment?
Class A Misdemeanor
fine of up to $4,000
one month to one year in jair
loss of drivers license up to two years
annual fee of 1,000 1,500 or 2,000 for 3 years to retain license
What is Bond/Bail?
set by judge, 10% of bond to release you until trial
What is Ruiz vs. Estelle?
lawsuit brought by prisoners that changed prison conditions in Texas
Explain policy and the process of policy formation?
laws passed regarding prominent economic and social issues that reflect the ideology of leadership
What is the name of the Trump's Supreme Court Nominee?
How are Supreme Court Justices nominated and confirmed? What is the "nuclear option"?
President nominates someone and it is up to the senate to confirm the nominee with a simple majority vote(61)
Nuclear: majority changes rules to simple majority
How did the jurors rule in the McDonalds civil lawsuit?
In favor of the plaintiffs
How many state legislators does it take to call a constitutional convention? Why does Gov. Abbott want to do this?
To give power back to states
Why was the Brazos County District Attorney having a hard time deciding what to charge Nathaniel Tillery?
because they weren't sure if there was enough evidence to prove Capital Murder
Texas leads the nation in ________?
The majority of criminal and civil trial cases are heard in what courts?
How many female Governors of Texas has there been?
The highest Civil Court in Texas is? The highest Criminal Court in Texas is?
civil-Texas Supreme Court (9)
criminal-Texas Court of Criminal Appeals (9)
The name of the McDonalds General Manager and local hip hop artist was?
The executive branch ________ laws
Offices under the governor in the executive branch
secretary of state
comptroller public accounts
state board of education
Who appoints the secretary of state on the state level?
What does the secretary of state on the state level do?
When does the lieutenant governor become governor?
If he/she resigns, dies, or impeached, they also become acting governor when governor is out of state or incapacitated
What happened to the governor in 1999?
Gov George W Bush resigned to run for president and Lt Gov Perry became governor
Legislative powers of the governor
Call special sessions(push agenda)
line-item veto power
and state of the state address
the line item veto is what power?
The state of the state address is what power?
What is the governors judicial power?
Appoint state judge vacancies, and pardon criminals
What are the governors military powers?
Declare martial law, national guard, and texas rangers
The governors plural executive is like the presidents what?
Who is our attorney general?
How many members on the railroad commission?
3. Craddick, Sitton, and Christian
How many members on the state board of education? How long are terms?
15, serving 4 year terms
Who is the Lieutenant governor?
Commissioner of general land office
Oldest agency in texas, George P. Bush
Commissioner of Agriculture
Comptroller of Public Accounts
Glenn Heger, in charge of the state's bank account
regulate oil and natural gas industries(granting permits)
Rick Perry's climb up the chain
Ag commissioner, lieutenant governor, governor, ran for president in 2012 and 2016
Gov greg abbott
texas supreme court justice and attorney general. Passed campus carry 2015, and in 2017 he passed sanctuary cities, lgbt didn't pass
Who is second in charge of executive branch?
Secretary of State
Rolando Pablos, only office that is appointed, in charge of elections, and in charge of border and national affairs
3rd most powerful in the executive branch?
Comptroller of Public accounts
Branches of government
legislative=make laws, executive=carry out laws, judicial=interpret laws
Civil law includes what?
legally binding business relationships, legally binding personal relationships
Civil law are legal issues involving what?
Civil Law Process
Plaintiff gets a lawyer and files a complaint with clerk of court, clerk issues a citation against the defendant, defendant files an answer explaining why allegations are not valid, defendant hires a lawyer, settled or go to court
Proof in a civil case is what?
Preponderance of evidence
Why would someone go through criminal law?
violation of the law
In criminal law, government is the _________ and individual is the ____________
Criminal law process
State alleges a violation of criminal law, appear before a judge within 48 hours, charged and bond is set, defendant hires a criminal defense lawyer, trial
What is the burden of proof for a criminal case?
Beyond a reasonable doubt
when the judge tells you what you're being charged with
before the trial you're usually offered a plea bargain which is like a settlement. Taking a lesser charge if you meet certain criteria, and if you break it you're charged with all of it.
Civil case representation
Plaintiff lawyers on contingency, defense attorneys hourly
Criminal case representation
Plaintiff attorneys are government employees, defense attorneys hourly or gov't provided
What are the highest criminal and civil courts in texas?
Supreme court(civil), tx court of criminal appeals(criminal)
After supreme and court of criminal appeals, what is the order of the courts?
court of appeals, district courts, county courts(more a level of government), JOP courts(counties), municipal courts(cities)
Statutory county courts and statutory probate courts
major trial courts in Texas, civil or criminal go through
Texas supreme court. How many judges? How long are terms?
9 elected judges, highest court for civil cases, 6 year terms
texas criminal court of appeals. How many judges? How long is the term?
highest criminal court, 9 elected judges, 6 year term
Trial vs appellate courts
trial-where trial actually occurs, appellate-appealing to see if trial can go back to court
judicial philosophy that the court should go beyond the words of the constitution or a statute to consider the broader societal implications of its decisions
Judicial philosophy to refuse to go beyond the clear words of the constitution in interpreting the document's meaning
death or life without parole
first degree felony
5-99 years fines up to 10,000
second degree felony
2-20 years fines up to 10,000
third degree felony
2-10 years fines up to 10,000
Class A misdemeanor
1 year in county max, 4,000
Class B misdemeanor
3-180 days in county, 2,000
Class C misdemeanor
fine up to 500
Rummel v. Estelle
three strikes provision, three felonies and then life in prison
First offense DWI
class b misdemeanor
fine up to 2,000
3-180 days in jail
loss of license up to a year
annual fee of 1,000-2,000 for three years to retain license
Third offense dwi
third degree felony
10,000 dollar fine
2-10 years in prison
loss of license up to 2 years
speeding, driving without license, first dwi=misdemeanor
leaving the scene of an accident, vehicular homicide, 3rd dwi=felony
petty=up tp 1,500
larceny=more than 1,500
exposing in public to alarm others=misdemeanor
exposed before a child=felony
public lewdness is what charge?
class a misdemeanor
which phase do plea bargains take place?
jury decisions have to be __________ or else it is considered a ___________
criminal cases end in __________ and criminal cases end in ____________
settlement, plea bargain
no incarceration sentence, remains in community, must follow set of rules and under probation officer supervision
early release must follow specific rules under probation officer supervision
Who appoints the texas department of criminal justice and board of pardons and parole?
How many executions has texas performed?
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