Tx Gov Chapter 10 & 11 Vocab

Plaintiff

The party bringing a civil suit, usually private person or institution

Remedy

The means used to redress an injury, relief from ongoing injury or compensation for past damages

Precedent

A previously decided legal case used as a guiding principle for future cases

Probate

To determine that will is the last and valid will of the deceased

Charter

The organizing document for corporations or a municipalities, which defines their structure, purposes, and activites

Injunctions

Court orders to compel or prohibit specific actions

Right-to-work laws

Laws that prohibit contracts between labor and management that establish a closed shop or a union shop

Negligence

Failure to act with the prudence or care that an ordinary person would exercise

Tort

A private or civil wrong or injury other than a breach of contract

Tort Reform

Efforts to limit liability in civil cases

Punitive damages

Judgements in excess of actual damages intended to punish a defendant in a civil suit

Eminent domain

When government takes private property for public use

Felonies

serious crimes punishable by state institutions

Misdemeanors

Minor crimes punishable by a county jail sentence or fine

Mores

Society's strong beliefs about right and wrong

FBI index crimes

Crimes used as a national barometer of the crime rate-murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, grand theft, and motor vehicle theft

White-collar crimes

Crimes such as bribery, tax fraud, business fraud, price-fixing, and embezzlement, which are usually committed by more prosperous people

Due process

Proper procedures designed to promote justice and protect the individual from the government. Is essential to guaranteeing fairness before the government may deprive a person of life, liberty, or property

Probable cause

Sufficient information to lead a "reasonable person" to believe that evidence is probably contained on the premises and thus a warrant for the invasion of privacy is justified

Exculsionary rule

Evidence acquired in violation of the Fourth Amendment may not be admitted in federal courts

Arraignment

A prisoner's initial appearance before a magistrate in which the changes and basic rights are explained

Bail

The security deposit required for the release of a suspect awaiting trial

Examining trial

An initial court hearing to determine if there is sufficient evidence to send a case to a grand jury

Voir dire questioning

the initial questioning of jurors to determine possible biases

Adversary system

The legal system used in the common law countries in which two contesting parties present opposing views and evidence in a court of law

Compulsory process

the power to seize evidence and to force witnesses to testify under oath

Probation

A judge's sentence of an offender to serve outside a correctional institution but under specific restrictions, often under the supervision of a probation officer

Parole

After an initial stay in prison, prisoners serving the remainder of their sentences under supervision in the community

Deterrance

Discouraging criminal acts by threatening punishment

Rehabilitation

The effort to correct criminals' antisocial attitudes and behavior

Recidivists

Repeat offenders who have relapsed into crime

General-purpose government

A municipal or county government that provides a wide range of public services

Special districts

Local governments that provide single or closely related services that are not provided by general-purpose county or municipal governments

General-law city

An incorporated community with a population of 5,000 or fewer that is limited in the subject matter upon which it may legislate

Home-rule city

A city with a population of more than 5,000 that can adopt its own charter and structures its local government as it sees fit as long as charter provisions and local laws (also called ordinances) do not violate national and state constitutions and laws

City charter

The organized document for a municipality

Recall election

an election, called by petition, that permits voters to remove an elected official before the officials term expires

Council-manager form of government

A form of government in which an elected city council makes laws and hires a professional administrator who is responsible for both executing council policies and managing the day-to-day operations of city government and who serves at the pleasure of the council

Mayor-council system

A form of municipal government consisting of a mayor and a city council; this form includes both strong-mayor and weak-mayor variations

Strong-mayor form of government

A form of municipal government in which the mayor, who is chosen in a citywide election, is both the chief executive and the leader of the city council

Weak-mayor form of government

A form of municipal government in which the mayor and council share administrative authority

Commission form of government

A municipal government in which voters elect one set of officials who act as both executives and legislators. The commissioners, sitting together, are the municipal legislator, but individually each administers a city department

At-large elecitons

Citywide elections in which some or all of the city council members are elected by voters of the entire municipality rather than from neighborhood districts

Pure at-large systems

An election system in which candidates for city council run citywide and the top vote-getters are elected to fill the number of open seats

At-large place system

An election system in which each candidate runs citywide for a specific seat on the council and voters cast one vote for each seat or place

Single-member council districts

A electoral system in which each council member is elected from a particular geographical district by only the voters who live in that district

Cumulative voting

An election system in which members of city councils are elected in at-large elections, and the number of votes a voter can cast corresponds to the number of seats on the council

Rollback election

An election to limit an increase in the property tax rate to no more than 8 percent above that required for increased debt service

User fees

Fees paid by the individuals who receive a particular government service

public debt

money owed by government, ordinarily through the issuance of bonds. Local government issue bonds to finance major projects with voter approval

Mandate

A federal or state requirement that a lower level of government, like a city or county, provide a service or meet certain standards, often as a condition for receiving financial aid

Annexation

A policy that permits a city to bring unincorporated areas into the city's jursidiction

Extraterritorial jurisdiction (ETJ)

a buffer area that extends beyond a city's limits

Colonias

Severely impoverished unincorporated areas along the Texas-Mexico border with a multitude of problems, including substandard housing, unsanitary drinking water, and lack of proper sewage diposal

county government

general-purpose local governments that also serve as administrative arms of the state

Commissioners court

The policy-making body of a county, consisting of a country judge (the presiding officer of the court), who is elected in a countrywide election to a four-year term, and four commissioners, who are elected from individual precincts to four-year terms

County judge

An official elected countywide for a four-year term to preside over the county commissioners court

Sheriff

The chief county law enforcement officer

Constables

county law enforcement officials who are elected to serve as the process officer of justice of the peace courts and also has general law enforcement powers

tax assessor-collector

A county financial officer whose responsibilities include collecting various county taxes and fees and registering voters

county treasurer

In many counties, the official who is responsible for receiving, depositing, and disbursing funds

County auditor

A financial officer whose duties include reviewing county financial records and ensuring that expenditures are made in accordance with the law

County clerk

the officer who serves as the county's chief record keeper and election officer

District clerk

The record keeper for the district court in counties with a population exceeding 8,000

County attorney

A county legal officer whose responsibilities may include giving legal advice to the commissioners court, representing the county in litigation, and prosecuting crimes. In counties that also elect a district attorney, the county attorney specializes in civil matters

District attorney

a county officer who prosecutes criminal cases and also handles civil matters in many counties

Short ballot

the listing of only a few independently elected offices on an election ballot

Spoils system

a system that gives elected officials considerable discretion in employment and promotion decisions

Consolidation

The merging of county government with other local governments to form a single local government

Dependent agency

A classification creates by the U.S Census Bureau for governmental entities that are closely tied to general-purpose governments but do not have as much independence as special-districts govenments

Councils of governments (COGs)

Advisory bodies consisting of representatives of various local governments brought together for the purposes of regional planning and cooperation