TX gov final

What counts as family law

Marriage/Divorce, child custody/support and Probate (property passing owners through a will)

Who does Texas consider the owners of a property after a divorce

Texas follows community property where couples share jointly acquired property when divorced.

What’s property law

Legal protection of private property. Government can regulate activities on your property such as public safety.

What’s the Eminent domain

Government taking private property to use for public purposes and provide just compensation as said in the 5th US amendment.

What U.S. court case allowed the government to take private property for private business if for public benefit

Kelo vs. New London, CT in 2005

What’s a charter

A document a corporation secures from the state that allows them to conduct business

Are businesses protected under legal constitutional rights

Sometimes, as a charter establishes a corporation as a legal person with legal rights and responsibilities.

What cases treated corporations as individuals

The Citizen's United Case of 2010 and the Hobby Lobby case over religious rights of Corporations over access to insurance to cover birth control.

What’s the purpose of Right to work laws

To prevent corporations from agreeing with unions to only employee union members AKA closed/union shops.

What’s At-will employment

An employer can fire an employee for any reason outside of discrimination due to FED law.

Is Texas a right to work state

Texas has been a right to work state since 1947.

What’s the difference between Slander and Libel

Slander is spoken defamation while Libel is written.

What's the legal def of negligence

Failure to act with care resulting in injury to another person.

What’s a tort

As private or civil injury cases where monetary damages and punitive damages may be rewarded for pain and suffering.

What are examples of Tort cases

Personal injuries, defective products, medical malpractice.

What’s the history behind Tort reform

In 1995, Gov.Bush signed Tort reform bill, in 2003 a Texas Constitutional Amendment limited punitive damages to plaintiffs to $250,000, 2011- “loser pays’ law made losing plaintiffs have to pay the defendants legal costs. This has led to Torts for med malpractice drop by 2/3

Who supports Tort reform

Doctors, businesses and Republicans support Tort reform arguing that large awards increase malpractice insurance costs, medical costs and frivolous lawsuits.

What happened in Tulia Texas

In July 1999, a local drug task force arrested 46 people, mostly blacks and hispanics on drug charges based on the informant Tom Coleman. Many caught were forced to take plea deals. Eventually Tom Coleman was found to be a racist and a liar, with all the arrested being released in 2003. In 2004, Coleman was given probation for perjury.

What are examples of Victimless Crimes

Prostitution, gambling and illegal drug use.

What are White collar crimes

Non violent crimes such as Tax and business fraud, bribery, and embezzlement. committed by middle class people who receive lighter sentences than violent crimes.

Who's most likely to commit crimes

Juveniles at 23% of all arrests, men with 80-90%, African amiercan/latinos with 80% of robberies, 72% murder and 61% rape.

Why are minorities most likely to be criminals

Due to poverty, poor education, little opportunities, prejudice in law enforcement, drugs and gangs.

How have crime rates changed over the last 20 years

Crime rates have dropped.

What state law enforcement departments are in place

The Texas Department of Public Safety (DPS) which includes the Texas rangers and Highway patrol and the Texas Alcoholic Beverage Commission (TABC)

What Local Law enforcement departments are in place

County Sheriff, County constables and city police departments as the primary local law enforcement.

What’s the exclusionary rule

It says that illegally obtained evidence can’t be used in court.

What does the 4th amendment prohibit

It prohibits unreasonable search and seizures along with requirements for warrants to be issued for probable cause.

What right does the 5th amendment give you when detained

The right against self incrimination/ the right to remain silent

What case led to the right to be informed of your 5th amendment and 6th amendment rights

The arrest of Ernesto Miranda in Arizona/Miranda v. Arizona 1966 which led to the Miranda warning of the right to remain silent and right to an attorney.

What’s the pre-trial process

The Arraignment- initial court appearance, informed of the accusations (6th amendment), request a Writ of Habeas Corpus, pre trial motions, and possibly plea bargaining.

What’s a Writ of Habeas Corpus

a request for an explanation on why a prisoner is being held.

What amendment restricts excessive bail

The 8th

What are examples of pre-trial motions

Pleading, change of venue, claims of insanity and request for continuance.

What case guaranteed the right to an attorney

Gideon v. Wainwright 1963.

What attorney system did Texas used to use

Used to use Assigned counsel where a judge appointed a local attorney using county funds and only recently gave counties the option to have a public defender system.

What act created statewide standards for public defense, state funds for it and implemented the public defender system

The 2001 Texas Fair Defense Act

What were the problems of the assigned counsel system

Poor defendants would receive poor assistance and would be convicted at higher rates and receive longer sentences.

What's a trial

Formal charges brought with an indictment by a grand jury according to the 5th amendment.

How often is a plea bargain taken

9 out of 10 cases in Texas leading to around only 1% of cases going to a jury trial.

Why do people take a plea bargain

To avoid an expensive trial, to receive a lighter sentence, and coercion by officers

What rights does the 6th amendment provide in trial

Right to a speedy and public trial(also 7th), right to impartial jury, and right to confront witness

Can a witness be subpoenaed to testify

Yes.

What happens if a jury isn’t unanimous

There’s a hung jury and a mistrial, possibly a retrial as well.

What amendment prevents double jeopardy and cruel and unusual punishment

The 8th.

What are examples of crime sentences

Supervised probation, deferred adjudication or prison time.

When can a guilty verdict be appealed

In cases of judicial error.

What roles do prisons have

Punishment, Deterrence of future crimes, safety of the public, and rehabilitation of criminals.

What is the difference between Parole and Probation

Parole is early supervised release from prison and probation is supervised release instead of being imprisoned.

What issues occur in Texas prisons

torture/mistreatment, poor living conditions, censorship of mail, lack of medical care, solitary confinement, racism and lack of access to courts and attorneries.

What case tried to correct issues in prisons

In 1972, Estelle v. Ruiz had the Fed court under Justice William W. Justice ordered the TDCJ to correct prison issues.

What’s an infamous immigrant detention center in Texas

The T, Don Hutto detention facility in Taylor TX. Who's detained in county jails

How young can a juvenile be tried as a adult in Texas

As young as 14 can be tried as an adult.

What happens to juveniles

Most juveniles are dealt by the county and go through counseling or temporary detention and eventually probation to their parents.

What does the Texas Youth Commission do

Deal with serious juvenile crimes and operate training schools and halfway houses.

What scandal occurred with the TYC

It was found that in TYC facilities, juveniles were being neglected, abused and SAd by guards in 2007.

When were special civil procedures set up for juveniles

In 1943.

Texas was the first state to use what execution method

Lethal injection

Does Texas execute alot of people?

TX makes up 80% of executions in the south and 37% of all executions in the US. It’s one of 27 states that has the death penalty.

What are the problems with the death penalty

Poor and minority defendants receive much poorer legal defense leading to them receiving much more death sentences.

What’s the case of James Byrd Jr

In Jasper, TX 3 white men dragged African American James Byrd to death by the end of a pickup truck. 2 of them were executed in 2011 and 2019 and the third has a life sentence till 2038.

Who was the last Military execution since 1961

Former Major Dr. Nidal Hasan, the Fort Hood shooter in 2009, killing 13 and injuring 30, convicted in 2013.

Who's Rodney Reed

In 1997, Reed was arrested for supposedly killing his lover Stacey Stites in Bastrop county, and has been on death row since 1998. Later evidence suggests that her fiance Jimmy Fennell Jr, a police officer, killed her. His execution date of November 20, 2019 has been postponed, 2021 his case on appeal to the court of criminal appeals.

Who was Melissa Lucio

Lucio was convicted of killing her 2 yr old daughter Mariah on February 17, 2007. She was convicted in 2008 with prosecutors claiming signs of abuse on the child and an original execution date of April 27, 2022 but has been rescheduled.

Who’s Robert Roberson

Robert Roberson’s 2 yr old Nikki died in 2002 under mysterious reasons and he was convicted in 2003 under the shaken baby theory. His original execution date was Oct 17, 2024 but changed to Oct 16, 2025, but he's still alive.

Who was Todd Willingham

On December 23, 1991, his 3 daughters died in a house fire and he was convicted for suspected arson, and executed in 2004. A case in class bias.

What type of people are attorneys in Texas

Mostly wealthy white men

What’s a civil suit

Civil suits are non-penal law dealing with rights and responsibilities.

How is a civil suit decided?

The burden of proof is Preponderance of evidence and decided in monetary judgment

What are examples of civil suits

Family law, divorce/custody, breach of contract, and property disputes

What's a criminal case

A case over violations of the law/public morality made by a gov prosecutor against a person.

How is a criminal suit decided?

The burden of proof is beyond a reasonable doubt and can result in criminal sanction of imprisonment.

What's the original jurisdiction

The first trial court to cover the case. It heats witnesses and evidence. It has a judge overseer but the verdict is decided by a jury.

What's the Appellate jurisdiction

The trial reviews the decisions of lower/original court to see if law was applied correctly. It only uses legal briefs and oral arguments of lawyers and it’s reviewed and has a verdict made by judges.

What cases are covered in Municipal/city courts

Minor criminal offenses/Class C misdemeanors, most of them being traffic and parking offenses.

How are judges in municipal courts chosen

Municipal court judges are appointed

What’s a justice of the peace

A county level judge with civil and criminal jurisdiction, can perform marriage ceremonies, act as coroners and don’t have to be attorneys.

What cases do Justices of the Peace deal with

Criminal cases with fines over $500 and small claims civil cases

What types of cases do county courts cover

Criminal cases of theft, DWI, drugs, assault, Civil cases of debt collection, probate (inheritance), and juvenile cases.

What cases do District courts-State trial courts cover

Felony criminal cases (Assault, homicide, burglary, theft, DWI and drug cases), Civil suits valued over $200, Family law, juvenile cases and election disputes.

How are most District Court criminal cases settled

90% of them are settled with plea bargaining

How are District-State trial court judges chosen

District judges are elected to 4 yr terms from at large districts.

What’s the function of the Court of Appeals

The Court of Appeals acts as Intermediate State appellate court, with rulings decided by multi-judge panels without juries.

What cases do Courts of Appeal cover

Appeals of civil and non-death penalty criminal cases.

How are Court of Appeals judges chosen?

80 judges are elected to 6 yr terms.

How often do Courts of Appeals reverse rulings

almost never

How many highest courts does Texas have

2 with only TX and Ok splitting civil and criminal courts at the highest levels.

How are Highest court judges chosen

Both of the Highest courts judges are elected in Partisan elections to staggered 6 yr terms and may be impeached by the legislature for misconduct.

What’s the purpose of the highest courts

The Highest courts hear appeals and interpret the state constitution.

What’s the purpose of the Court of Criminal Appeals

It acts as the final state court for criminal cases including death penalty cases.

What’s the purpose of the Texas Supreme Court

It acts as the final state court for civil and juvenile case appeals.

How many Highest court justices are Republicans

All 18 justices.

What famous case did the Texas Supreme court have in 1989?

In 1989, the Texas supreme court overturned the entire state school financing system in Edgewood V. Kirby.

What Contest occurred with the previous Presiding Judge of the Texas Court of Criminal Appeals

Sharon Keller was investigated for closing her court at 5pm on September 25, 2007, refusing to wait for the death penalty appeal of MIcheal Richard, who was executed that evening. Keller was charged with misconduct and dereliction of duty. Went to trial in August 2009, issued an eventually overturned public warning in 2010. Sharon Keller was Presiding judge from 2000 until 2024 where she lost the primary.

What’s a jury

A group of ordinary citizens are asked to make initial court decisions on guilt or civil responsibility.

What are the two types of juries

Grand and Petit/Trial juries.

What are Grand juries

12 people who offer indictments or official accusations for usually felonies, with 9 out of 12 needing to vote for there to be enough evidence to go to trial.

How often do Grand juries vote to indict

Around 95% of the time, Grand juries vote to indict.

What are petit/trial juries

Juries of 6-12 people that make a verdict on criminal and civil cases. The jury must make a unanimous decision in criminal cases but not in civil cases.

How are people chosen for jury duty

Juries are chosen from driver’s license lists and voter id lists.

What's the jury pay

1954 jury pay was set to $6 per day and in 2006 it was raised to $40 per day.