2306 Texas Government Final Exam

Independent candidates

Candidate who runs in a general election without party endorsement or selection

Disfranchise minority before the 60's did not use

Federal citizenship test

Case that removed all white primary

smith v. allwright

Most important federal law

Voting Rights act of 1965

Special elections

used to fill vacant offices. grant approval for government borrowing. ratify amendments. no primary required. nonpartisan. designed to meet special or emergency needs. winner must receive a majority of votes.

No impeachments

Recall

A procedure allowing the people to vote to dismiss an elected official from state office before his or her term has expired.

First state in south to end women suffrage

Tennessee provided the critical 36th state;

Texas and the 19th amendment in 1920

What did legislation pass in 2011

requiring Photo ID to vote

Early voting

14 days or two weeks before

Who is in charge of redistricting

State legislature

When does redistricting occur

Every 10 years

Reapportionment

The process of reallocating seats in the House of Representatives every 10 years on the basis of the results of the census.

Preclearence

Shelby v Holder;

mandated by the Voting Rights Act of 1965; the prior approval by the justice department of changes to or new election laws by certain states

What modern day tactics are not used to keep voters from voting

They cannot cancel elections

What is the biggest cost of a campaign

Media

Who is the most important party in a campaign

Candidates

What are civil cases

legal case involving civil law or common law, which involves disputes between individuals or organizations in which some form of compensation may be awarded to the victim. A civil case may also be referred to as civil action, civil proceedings, or a civil suit. Civil cases are almost exclusively intended to correct private issues such as breaches of contracts or various negligence issues.

What court presides over civil cases

Texas Supreme Court

What is necessary to become a Texas Judge

35 years or older; 10 years experience

Court of Criminal appeals

In Texas, if someone has been charged with murder and is facing the death penalty, which court automatically has jurisdiction over the case?

How many court of appeals in Texas

14

How many Justice of the peace in Texas

Legal Minimalism

"There is a big difference between what you have a right to do and what is right to do."

---Justice Potter Stewart

Criminal Case

is a legal dispute dealing with an alleged violation of a penal law.

Parties in a Criminal Case

Defendant - The criminal defendant is the party charged with the criminal offense.

Prosecutor - The prosecutor is the attorney who tries a criminal case on behalf of the government.

Felonies

is a serious criminal offense, such as murder or sexual assault. Convicted felons may be fined heavily and sentenced to as many as 99 years in prison.

Texas law divides felony offenses into five categories

--capital, and first-, second-, third-, and fourth-degree (state jail) felonies--with fourth-degree being the least serious category.

Misdemeanors

a relatively minor criminal offense, such as a traffic violation.

Texas law classifies misdemeanor offenses as

Class A, B, or C. Class A misdemeanors are the most serious, Class C the least serious.

Rights of the Accused - Custody to Initial Appearance

Once arrested, officers must inform "Amy the accused" that she has right to:

• Remain silent

(she does not have to answer any questions); but

if she speaks, the statements she makes can be used against her in a court of law;

• Consult with an attorney or have an appointed attorney if she cannot pay for one; and

• Have an attorney present during questioning. Within 48 hours after an arrest, Amy must be taken before a judge. The judge must inform the accused of the charges against her and whether there is an affidavit (sworn statement) supporting the charges. The judge must also advise Amy of her right to:

• Retain counsel

, or have counsel appointed if she cannot afford a lawyer (and the procedures requesting an appointment);

• Remain silent , but if she decides to make a statement to the police or court, then the statement may be used against her;

• Have an attorney present during any interview with peace officers or attorneys representing the State;

• Terminate the interview at any time;

• Conduct an examining trial (a hearing to establish reasons for her arrest or probable cause)

If the grand jury chooses to indict, the trial will most likely

Begin faster. Without a grand jury indictment, the prosecutor has to demonstrate to the trial judge that she has enough evidence to continue with the case.

What are two common forms of plea bargains.

- charge bargain is a type of plea bargain that results in a less serious charge.

- sentence bargain, when the defendant is told the exact terms of his sentence in advance, will usually require some form of approval from the judge. High profile criminal cases use sentence plea bargains from time to time. In a sentence bargain, the prosecutor is guaranteed a conviction, while the defendant accepts the sentence that is settled upon.

Burden of Proof

a term used in a formal debate and in law to refer to the responsibility to prove something

Beyond a reasonable doubt

Evidence that is almost an absolute certainty that a person did commit a crime

Clear and convincing

The amount of evidence the state has to take a child away from it's parents

Preponderance

The amount of evidence to win in an automobile case

Probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Reasonable suspicion

Specific facts which, in light of an officer's experience and general knowledge, taken together with rational inferences from those facts, would reasonably warrant an intrusion on a citizen.

The party initiating the lawsuit in a civil case is called the

plaintiff; the civil defendant is the responding party. The burden of proof in civil cases is on the plaintiff. In most cases, it is by a "preponderance of the evidence."

Preponderance of the evidence means

just a little bit more. Note that the plaintiff has the burden of proof. Ties go to the defendant. in Civil cases

Types of civil cases

Property case; probate case; domestic relations case; contract case; tort case

Property case

civil case; over the ownership of real estate or personal possessions, such as land, jewelry, or an automobile.

Probate case

civil case;disposition of the property of a decreased individual

Domestic relations case

civil case; relationships between husband and wife, and between parents and children; such as divorce or child custody case

Contract case

civil case; disputes over written or implied legal agreements

Tort case

civil case; involving personal injury or damage to property, such as a lawsuit stemming from an automobile accident or malpractice

In Criminal law

Injury to public; prosecuted by government; burden of proof is beyond resealable doubt; loss of liberty; may be appointed an attorney

In Civil law

Private injury or wrong; plaintiff sues defendant; preponderant of evidence;no loss of liberty; provide your own attorney;penalties are typically monetary

The following cases can be heard in federal court:

The constitutionality of a law;

Cases involving the laws and treaties of the U.S.;

Cases involving ambassadors and public ministers;

Disputes between two or more states;

Admiralty law;

Bankruptcy cases; and

State civil cases with diversity of citizenship with $75 K or more at stake.

Tort case example

Wendy's sufered a lot. Sponge left in her abdomen while she was giving birth. Wendy is suing for medical bills as well as her daughter's pain and suffering.

Contract case example

A fuel seller has been awarded more than $136,000 in its suit against the owners of a gas station that it claims failed to pay for gas supplies.

Domestic relations case example

Rob is fed up with Cindy's lifestyle, so she has decided to ask for a divorce.

Probate Case example

John and Amanda were together 20 years. Everyone thought they were married, but it was never official. Now, John has died and Amanda's kids from a former wife are claiming his estate.

Texas court systems

5 layers

Texas supreme court

What is the highest appellate court in Texas for civil cases?(9 justices)

Highest (supreme) appellate court for all civil cases.

Consists of one chief justice and eight associate justices.

Decisions from this court may be appealed to U.S. Supreme Court when they involve matters of federal law or the U.S. Constitution.

Administers the judicial branch of state government.

Court of criminal appeals

The court that has final appellate and review jurisdiction in criminal cases.(9 Judges)

Highest (supreme) appellate court for all criminal cases in the state.

Considers death penalty cases appealed directly from the district court.

Consists of one presiding justice and eight additional judges.

Decisions from this court may be appealed to the U.S. Supreme Court when they involve matters of federal law or the U.S. Constitution.

Court of Appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Fourteen courts of appeals, each serving a specific geographic area.

Hear both civil and criminal appeals from the district and county courts, except death penalty appeals, which go directly to the Texas Court of Criminal Appeals.

Altogether, 80 justices staff the 14 courts of appeal with the number of justices in each court varying from 3 to 13, depending on workload.

District courts

trial courts of general civil or criminal jurisdiction Texas has 457 that serve as the basic trial courts of the state.

Constitutional county courts

Exercise criminal jurisdiction involving Class A and B misdemeanor offenses.

Exercise civil jurisdiction handling civil cases involving amounts of money between $200 and $10,000.

Handle appeals de novo (new trials) from Justice of Peace courts or municipal courts.

; one in each county

County courts at Law

Which court is considered a supplemental court, and has civil and criminal jurisdiction?

Statutory probate courts

specialized courts whose jurisdiction is limited to probate and guardianship matters

- The Texas legislature has created 238 county courts known as statutory county courts (because they are established by statute) and 18 statutory probate courts to supplement the constitutional county courts.

Municipal courts

Operate in 927 cities staffed by 1,586 judges.

Exercise criminal jurisdiction involving Class C misdemeanor offenses.

Exclusive jurisdiction involving violations of city ordinances, which are laws enacted by the governing body of a municipality.

Generally function as traffic courts (traffic cases account for more than 80 percent of the workload of municipal courts).

Perform magistrate duties.

Justice of the Peace courts

The Texas constitution requires each county to operate at least have one and allows larger counties to have as many as 16.

Exercise criminal jurisdiction involving Class C misdemeanor offenses.

Exercise civil jurisdiction handling civil cases involving amounts of money of no more than $10,000.

Function as small claims courts and evictions.

Perform magistrate duties.

Appellate courts

The Texas Courts of Appeals, Texas Court of Criminal Appeals, and Texas Supreme Court constitute the state's appellate court system. Handle appeals from the lower trial courts.

District courts

are the general trial courts of the state, hearing major civil disputes and trying felony criminal cases.

Local courts

Municipal courts, justice of the peace (JP) courts, and county courts hear relatively minor civil cases and misdemeanor criminal disputes.

Appellate Courts may issue three types of opinions.

Majority Opinion - Dissenting Opinion- Concurring Opinion

Majority Opinion

The official written statement of the court that explains and justifies its ruling and serves as a guideline for lower courts.

Dissenting Opinion

A written judicial statement that disagrees with the decision of the court's majority.

Concurring Opinion

A written judicial statement that agrees with the court's ruling but disagrees with the reasoning of the majority.

What is the difference between civil court judges and criminal court

Civil lots of money

What is the most important Role Governor plays in the judicial process

fills mid term vacancies

What is called Appeal transfer

federal court of appeal - all three judges will hear the case -enbank plan-

Function of the Judicial campaign fairness act

Investigate judges who have committed violations

Most important cases the Texas supreme court handles

Tort cases

Texas is one of two states with two supreme courts; what is the other state

Texas Supreme Court for civil disputes and the Texas Court of Criminal Appeals for criminal matters.

Oklahoma is the other state with two supreme courts.

Justice of the peace example

Rosa spent $1,500 bailing her boyfriend Hubert out of jail. Rosa says it was a loan, but Hubert says it was a gift.

County court case example

Jack is arrested for marijuana possession, a Class B misdemeanor.

Court of appeals example

Jack is convicted and wants to appeal the conviction.

District court example

Jill stood to inherit millions after the murder of his parents, but the police are suspicious that Jill hired an ex-con to execute it

Texas court of criminal appeals example

Jill is convicted and given the death penalty. The appeal is automatic.

Justice of the peace court example

Luis was stopped by a county sheriff's deputy and given a speeding ticket.

How are all Texas judges elected

are elected in partisan elections, just like other officials; except for some municipal court judges,

Appellate judges in Texas serve

six-year terms.

Trial court judges serve

four-year terms.

Some municipal court judges serve

two-year terms.

The governor fills vacancies in

district courts and appellate courts by appointment subject to a two-thirds confirmation vote of the Texas Senate. In practice, many Texas judges first get to the bench by appointment.

Common benefit in elections

Top of the Ticket

Judicial Selection

Except for some municipal judges who are appointed, Texas judges are chosen by partisan election, which is an election contest in which both the names of the candidates and their party affiliations appear on the ballot.

Missouri plan

Merit Selection is a method for selecting judges that combines gubernatorial appointment with voter approval in a retention election. Twenty-five states use Merit Selection to fill a significant number of judgeship, but NOT Texas.

Judicial Departure

Departure from the bench can be due to death, retirement, loss of reelection or removal by competent authority.

Judicial Conduct

Judges may be disciplined and removed from office for incompetence or unethical conduct. The Texas Constitution empowers the Commission on , a body composed of judges, lawyers, and laypersons, to investigate complaints against judges and recommend discipline.

Which judges can the Commission investigate?

municipal judges;

magistrates;

justices of the peace;

constitutional county judges who perform judicial duties;

county court at law judges;

statutory probate judges;

district judges;

appellate judges;

retired and former judges, sitting by assignment; and

associate judges and masters.

Commission Cannot investigate:

attorneys;

administrative hearing officers for state agencies or the State Office of Administrative Hearings.

private mediators or arbitrators;

federal magistrates and judges ;

the conditions of jails );

prison officials ;

employees of the Texas Department of Protective and Regulatory Services (TDPRS), such as Child Protective Services (CPS) caseworkers;

law enforcement officials, such as police officers or sheriff's deputies ); or

county or district clerks .

Texas judges may be removed in one of four ways:

The state commission on judicial conduct investigates, and if warranted, prosecutes allegations of misconduct by Texas judges.

Upon a commission recommendation of removal or retirement, the supreme court selects a review tribunal from among court of appeals judges to verify the findings and enter a judgment.

Judges may appeal decisions of the review tribunal to the supreme court.

Judges may be removed by the governor on the address of two thirds of the house and senate.

The supreme court may remove district court judges from office.