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Texas Politics (Test #4)

Terms in this set (79)

judiciary
The system of courts, judges, lawyers, and other actors in the justice system
original jurisdiction
Authority over a given criminal or civil matter at the first, lowest level of the judiciary.
appellate jurisdiction
The authority of a court to hear cases sent to it on appeal from a lower court. Appellate courts review only the legal issues involved and not the factual record of the case.
concurrent jurisdiction
The authority of two or more different types of courts to hear the same type of case.
civil jurisdiction
The authority of courts over civil rather than criminal matters.
criminal jurisdiction
The authority of courts that handle offenses punishable by fines, imprisonment, public service, or death. The authority of a court to try people accused of a crime as opposed to civil jurisdiction.
municipal courts
City courts are authorized by the state constitution and by state laws to handle minor criminal matters involving a fine of no more than $500 with no possibility of imprisonment.
Justice of the Peace (JP) Courts
Original trial courts with both civil and criminal jurisdiction. JP courts deal with misdemeanor criminal cases when the potential punishment is only a fine. They have exclusive jurisdiction when the controversy is $200 or less. They have concurrent jurisdiction when the controversy is between $200 and $5000. Their judges preside over small claims courts, act as notaries public, and like other Texas judges, are authorized to perform marriages.
county courts
The Texas Constitution requires each county to have a court of record in where a transcript is made of each case. They have both original and appellate jurisdiction in civil and criminal cases.
District Courts
In texas, these are the principal courts. Each court has one judge. Most district courts have criminal and civil jurisdiction. Judges must be attorneys who are licensed to practice in the state. Terms are 4 years and the salary is $140,000
Court of Criminal Appeals
The state's final appeals court in criminal matters. In rare cases, its decision may be appealed to the US Supreme court. It considers writs of error filed by losing attorneys who contend that the trial judge made a mistake in applying Texas law and who wish to have their verdict overturned.
The Supreme Court
It hears only appeals from civil and juvenile cases. The highest appellate court in the civil track of the Texas judicial system. It has no criminal jurisdiction.
Misdemeanor
A small or moderate crime punishable by fines or, at maximum, a year in jail.
plea bargains
An agreement between prosecuting and defense attorneys, in which an accused criminal pleads guilty to a lesser charge and receives a lesser punishment in return.
Indictment
An official accusation that a person or organization has committed a crime, normally issued by a grand jury, and normally involving felonies rather than misdemeanors.
Original Courts
Courts that exercise original jurisdiction over criminal or civil matters.
Judge
A public official who presides over a court.
district elections
These are elections in which candidates for public office run in one geographical portion rather than the whole city or county; each district generally sends one representative.
Trial juries
A body of citizens selected to determine the outcome of trials.
grand juries
A body of citizens who determine if the accused will stand trial for a felony.
Felony
A major crime punishable by at least a year in prison upon conviction.
Court of record
A court where a complete transcript is made of each case.
juvenile court
Special state courts that handles accused offenders under the age of 17.
police
An extensive organization primarily for the enforcement of criminal law. There are 51,000 law enforcement officers. The Texas DPS employs 3,487 commissioned officers in 2007. DPS is one of only eight state police agencies across the nation empowered to conduct criminal investigations.
advisory opinions
The Attorney General has the power to issue advisory opinions which are opinions that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.
At-large elections
Elections in which each candidate for any given public office must run jurisdictionwide----in the entire city, county, or state----when several similar positions are being filled.
Judicial Campaign Fairness Act (JCFA)
Limits individual contributions to statewide judicial candidates to $5,000 each election and prohibited law firms from contributing more than $30,000 to individual supreme court candidates. Judicial candidates were also forbidden to accept more than a total of $300,000 from all political action committees.
Partisan elections
Judges are chosen in elections in which their party affiliation is listed on the ballot. This system is employed in Texas.
Civil liberties
Individual freedoms such as speech, press, religion, and assembly. The protection of these liberties is essential to a vital democratic society.
First Amendment (U.S)
The First Amendment to the United States Constitution is a part of the United States Bill of Rights that protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition. In 1925, Gitlow v. New York, the US Supreme Court held that freedom of speech and press were binding on local and state govt's under the due process of law clause of the 14th amendment.
Civil rights
Rights accorded to individual citizens by a government. Examples include the right to vote and the right to equality under the law.
14th Amendment
Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in the United States
incorporation
An activity by the US Supreme Court which makes the protections of citizens rights in the Constitution applicable to state and local governments.
Freedom of Expression
An individuals freedom to express his or her thought Examples of Freedom of expression are Gitlow v New York, Texas V. Johnson, where Johnson burned the flag.
Flag Protection Act of 1989
Mandates that a one-year jail sentence and $1,000 fine for anyone who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon, the flag of the United States.
Santa Fe School Board
Began pushing religion over the PA system before each football game. The US Supreme court ruled that the majority (Protestants) in Santa Fe, did not have the right to imposed its particular religion on the minority and that the pregame message was unconstitutional.
Miller v. California
was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes.
Freedom of Religion
There should be a wall of separation between between church and state. It also holds that government may aid religion, as long as it shows no preference among the various religious beliefs.
School Prayer
In 1962 and 1963, the US Supreme court ruled that a nondenominational prayer used in public schools and the reading of the bible and recitation of the Lord's Prayer were unconstitutional. The basis of this was that a Christian ritual was imposed upon all children of a school, many of whom might be non-Christian. Because the prayer takes place in a public school, it is an example of the establishment of religion outlawed by the the First Amendment.
National Rifle Association
An organization with a 2005 membership of 4 million, argues the assertions of an individual "right to keep and bear arms" as promised by the Second Amendment.
Second Amendment
A well regulated Militia, being necessary to the security of a free state, the right of people to keep and bear Arms, shall not be infringed.
Abortion
At issue is the right of a woman to control her own body and the right of the born to kill the unborn.
Roe v. Wade
(1973) A landmark controversial decision by the US Supreme court that legalized abortion. The courts argued that the Bill of Rights protected sexual privacy, including the right to have an abortion.
pro-life
Those who disagree with Roe v. Wade, argue that to terminate a pregnancy is to commit homicide and that the government has every obligation to prevent such a crime.
Pro-choice
Those who agree with Roe v. Wade, argue that the decision to terminate a pregnancy should be made by the woman and her doctor; government has no business interfering.
School Segregation
(1954) The US Supreme Court, ruled in Brown v. Board of education that public schools that were segregated on the basis of race were in violation of the "equal protection of the laws" clause of the Fourteenth Amendment.
Edgewood v. Kirby
(1987) Ruled that Texas's system of financing its public schools violated its own constitution and laws. The ruling identified as Article VII, Section 1, which requires the Legislature of the state to establish an efficient system of public free schools. This led to the Robin Hood Law which took $450 Million in property taxes from the high-wealth districts and distributed the money to the poorer districts.
Jasper/Tulia, Texas
(1998 & 1999) James Byrd Jr, was killed by 3 white men after being chained to a pickup truck and dragged 3 miles to his death in Jasper Texas. In Tulia, Texas Thomas Coleman, an undercover drug agent, participated in a drug sting that arrested 40 black citizens. The citizens were convicted solely on Coleman's testimony. Coleman's testimony was later found to be unreliable and all of the arrests were overturned.
Capital punishment
Is the death penalty for specific types of murder. The state reserves capital felony --criminal homicide associated with one or more of eight aggravating circumstances. The controversy is that a great majority of Texas approve the death penalty as getting what one deserves. Opponents argue that the death penalty does not deter crime and only adds a public, official murder to the private, unauthorized murder committed by the criminal.
Tort Reform
A tort is a private or civil wrong or injury resulting from a breach of a legal duty that exists by reason of society's expectations about appropriate behavior rather than a contract. Proposed changes in common law civil justice systems that would reduce tort litigation or damages.
West Virginia Board of Education v Barnette
Decision by the Supreme Court of the United States that held that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school.
Ruiz v Estelle
(1972) David Ruiz accused the TDC of violating prisoners constitutional rights in the following areas:
The physical security of prisoners
Living and working conditions
Medical care
Internal punishment administered by the TDC
Access to courts of law.
county commissioners' court
The administrative and legislative body of a county. In Texas, the court has five members: the county judge, and four commissioners.
county sheriff
Is elected at-large. The sheriff has jurisdictions throughout the county, but often also makes informal agreements involving a division of labor with the police of the municipalities in the county.
Avery v Midland (1968)
This ruling by the US Supreme Court, held that all counties had to abide by the one person one vote rule that had been applied earlier to the US House of Reps and to state legislatures. This rule required that electoral districts must be roughly equal in population.
county attorney
Elected at large. Head of the county's legal department. Provides legal counsel and representation of the county. Prosecutes misdemeanors in the justice of the peace and county courts.
county judge
As a member of the commissioner's court, the judge presides over and participates fully in that body's decision making. As a member of the county election board, the county judge receives the election returns from the election judges throughout the county, presents the returns to the commissioner's court for canvassing, and then forwards the final results to the secretary of state. They have the authority to fill vacancies on the commissioner's court, they are notaries public, can perform marriages, and issue beer, wine, an liquor licenses in wet counties. Presides over county court, but the position does not require legal credentials.
assessor-collector
Collects taxes, collects the ad valorem (general property tax), collects fees for license plates, license renewal stickers, and certificates of title for motor vehicles, and serves as registrar of voters.
partisan ballot
Selecting public officials based on party affiliation.
county clerk
Elected at large. County clerk is the recorder of all legal documents (such as deeds, contracts, and mortgages), issues all marriage licenses, and is the clerk of both the county court and the commissioners court. Absentee voting is handled by the county clerk.
property tax
State legislature determine the maximum tax rates that the local governments can set. The property tax rate may not exceed 80 cents per $100 of assessed valuation. For specific purposes such as county roads, rates can go up to $1.25 if authorized by the legislature and approved by the voters.
ordinance making power
Is the power to pass laws pertaining to the county. These laws can protect the health and welfare of citizens and through that power, they can regulate the operation of a sanitary landfill and mandate inoculations in the midst of an epidemic.
general law cities
City statutes that pertain to all municipalities that do not have home-rule status.
home-rule cities
The ability of cities with populations of 5,000 or more to organize themselves as they wish within the constitution and laws of Texas.
extraterritorial jurisdiction (ETJ)
Gives cities limited control over unincorporated territory contiguous to their boundaries;that is, cities get some control over what kind of development occurs just outside the city limits.
annexation
Allows cities to bring adjacent unincorporated areas inside the municipal boundaries.
Council-Manager
A city council of 5 to 15 members is elected at large or by districts and, in turn, appoints a city manager who is responsible for the hiring and firing of department heads and for the preparation of the budget. A mayor is elected at large or by the council, is a member of the council and presides over it. The form of municipal government in which the council acts as a policymaking body and appoints a chief administrator for the city.
City Manager
Is in charge of administering public policy. Makes recommendations to the council on such highly political matters as tax, utility rates, and zoning.
Mayor-Council
Council members are elected at large or by geographic districts, and the mayor is elected at large. Mayor can veto acts of the city council.
Commission Form
Under this type of organization, the elected commissioners collectively composed the policy-making board, and as individuals, are administrators of various departments, such as public safety, streets and transportation, finance, and so on.
nonpartisan
On in which candidates bear no party label.
at-large elections
City-wide or district wide elections.
district system
A system in which a candidate is required to live in the particular geographic area in which he or she runs for office.
place system
A form of at large election in which all candidates are elected citywide , but the seats on the council are designated Place One, etc., and each candidate runs only against others who have filed for the same place.
Special District
A unit of local government created to perform limited functions. Their authority is narrow, rather than broad.
School District
School board members are elected, most commonly at large, by place system. Their decisions are well publicized with the local media. The public has considerable interest in and knowledge about school district politics.
Council of Government (COGs)
They provide coordination in metropolitan areas. These voluntary organizations provide such functions as regional land-use and economic planning, police training, and fact-finding studies on problems such as transportation.
Mud's
Created by land speculators and real estate developers to increase the value of their holdings. It's main purpose is to provide water, sewer, and other utilities within it's boundaries.
spoils system
Appointing people to government jobs on the basis of whom they supported in the last election and how much money they contributed.
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