Texas Government: Executive and Judicial Branches Exam Review

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Vocabulary practice flashcards covering the Executive and Judicial branches of Texas government, key legal terms, court structures, jurisdictions, and constitutional requirements.

42 Terms

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Line item veto

The authority of the governor to reject individual spending lines (appropriations) while approving the rest of an appropriations bill. The Legislature can override this with a two-thirds vote in each chamber.

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Plural executive

An executive branch arrangement where power is divided among independently elected officials who answer directly to the voters rather than to the governor.

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Senatorial courtesy

A Texas Senate custom that gives a senator influence over whether a gubernatorial appointee from their district is confirmed; a senator's objection can block the confirmation.

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Sunset review

The periodic evaluation of a state agency to determine if it is still needed, needs reform, or should be abolished.

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Sunset Advisory Commission

A Texas commission that studies state agencies and recommends whether they should be continued, reformed, or abolished to the Legislature.

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Sunshine laws

Government transparency laws designed to promote public access to government records and meetings, including the Texas Open Meetings Act and the Texas Public Information Act.

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Chief of state

The gubernatorial role in which the governor acts as the ceremonial representative and public face of Texas.

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Negotiator

The gubernatorial role in which the governor works and negotiates among local, state, and federal governments on policy disputes and aid.

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Chief executive

The gubernatorial role focused on helping oversee executive administration and the implementation of state laws.

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Texas Board of Pardons and Paroles

An entity established in 1936 following abuses of executive pardon power; it reviews clemency requests and makes recommendations to the governor, without which the governor generally cannot grant pardons or commutations.

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Governor's 30-day reprieve

A one-time, 30-day delay of execution that the governor has the independent authority to issue in a capital case.

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Formal qualifications for Texas governor

Must be a U.S. citizen (natural-born or naturalized), at least 30 years old, and a Texas resident for the five years immediately preceding the election.

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Gubernatorial impeachment process (Texas)

A two-step removal process where the Texas House of Representatives votes by simple majority to impeach (bring charges) and the Texas Senate conducts a trial, requiring a two-thirds vote to convict and remove.

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James 'Pa' Ferguson

The Texas governor who was impeached, convicted, and removed from office by the Legislature in 1917.

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Bureaucracy

The administrative structure comprising state agencies and staff responsible for administering, applying, and enforcing laws passed by the Legislature and delivering state services.

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Criminal courts

Courts that hear cases where the government prosecutes individuals accused of breaking the law, handling both serious felonies and less serious misdemeanors.

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Civil courts

Courts that resolve disputes between private individuals, businesses, and government entities, frequently involving contracts, property disputes, and monetary damages.

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Administrative courts

Specialized judicial bodies that handle disputes concerning the application of state agency regulations and laws, including matters involving licenses, taxes, and public benefits.

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Statutory law

Laws that are formally drafted and enacted as written statutes by legislative bodies.

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Common law

A legal system based on historical judicial opinions, precedent, and court decisions rather than direct legislative enactment.

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Original jurisdiction

The authority of a court to receive, hear, and decide a case at its inception.

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Appellate jurisdiction

The authority of a court to review decisions made by lower courts to check for legal errors rather than retrying facts.

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Concurrent jurisdiction

A situation where two or more different courts share the legal authority to hear the same category of case.

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Exclusive jurisdiction

A situation where only one specific, designated court has the legal authority to preside over a particular type of case.

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Petit jury

A trial jury, typically consisting of 6 or 12 citizens, that evaluates evidence in a criminal or civil trial to reach a verdict.

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Grand jury

A panel of 12 citizens that examines evidence presented by prosecutors to decide whether sufficient cause exists to issue a felony indictment; it does not determine guilt.

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Compensatory damages

Monetary compensation awarded to a plaintiff to cover actual losses or physical harm, such as lost wages or medical costs.

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Punitive damages

Monetary damages awarded in excess of actual harm to punish especially egregious wrongdoing and deter future bad behavior, frequently referred to in Texas as exemplary damages.

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Furman v. Georgia (1972)

A landmark U.S. Supreme Court ruling that struck down existing death penalty statutes because they permitted arbitrary and inconsistent imposition of capital punishment.

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Gregg v. Georgia (1976)

A U.S. Supreme Court decision that upheld revised capital punishment sentencing systems containing structured safeguards to prevent arbitrary sentencing.

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Justice of the Peace Courts

Local trial courts of limited jurisdiction handling fine-only criminal offenses, evictions, and small civil claims; presiding justices are not required to hold a law degree.

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Municipal Courts

Local courts with jurisdiction over fine-only traffic offenses and violations of city ordinances; selection methods and requirements are set by municipal charters or local ordinances.

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Constitutional County Courts

Courts established by the Texas Constitution (one per county) presided over by a constitutional county judge, handling specific misdemeanors, civil issues, and appeals from municipal or justice courts.

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Statutory County Courts

County-level courts created by state statute to assist with caseloads in more populated areas, handling supplementary civil and criminal proceedings.

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Statutory Probate Courts

Specialized legislative county courts that exclusively handle matters related to guardianships, wills, and the administration of estates.

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District Courts

The primary state trial courts in Texas, possessing general and broad jurisdiction over felony criminal prosecutions, significant civil litigation, and family law matters.

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Intermediate Courts of Appeals

Appellate courts consisting of 14 regional appellate districts and one statewide appellate court that hear civil and criminal appeals from lower trial courts without retrying facts.

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Texas Supreme Court

The highest court of last resort in Texas with statewide final appellate authority over civil and juvenile legal disputes.

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Texas Court of Criminal Appeals

The highest court of last resort in Texas possessing statewide final appellate authority over criminal cases.

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Direct appeal for capital cases

The required legal process by which all cases resulting in the death penalty automatically bypass the intermediate Courts of Appeals and go straight from the trial court to the Texas Court of Criminal Appeals.

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Partisan judicial election

The primary judicial selection method used in Texas, wherein candidates for judicial seats run affiliated with political parties and appear on ballots with partisan labels.

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Judicial Campaign Fairness Act (1995)

A Texas law that establishes contribution limits for donors contributing to judicial candidates in an effort to reduce potential bias or conflicts of interest.