Government 2306 Exam 3

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1

__ advocate that taxes on higher-income individuals should be kept low to allow them to save and invest to stimulate the economy.

Supply-siders

2

__ is a tax designed to be paid by a large number of taxpayers.

Broad-based tax

3

__ refers to a situation in which the prosecutor and defense attorney negotiate an agreement whereby the accused pleads guilty to a less serious crime than originally charged or in return for a reduction in the sentence to be served.

Plea bargaining

4

__ refers to the power of an appellate court to review the decisions of a lower court.

Appellate jurisdiction

5

A __ is a tax on raw material (such as oil and natural gas) when they are extracted from their natural state.

severance tax

6

A __ trial is a new trial conducted in a higher court (as opposed to an appeal).

de novo

7

A court order requiring that the prisoner be presented in person and legal cause shown for imprisonment is called which of the following?

writ of habeas corpus

8

A rollback election does which of the following?

Voters in non-school district jurisdictions limit an increase in the property tax rate to no more than 8 percent.

9

According to Brent Boyea the conservative, pro-business preferences among Texas judges are influenced by

All of the above are true. {judicial elections.; public opinion.; campaign laws.}

10

According to the Davis essay, the slow decrease of support from the state has led many colleges and universities to rely more on

All of the above are true. {part-time faculty.; increased class sizes.; offering fewer courses.}

11

Adjusting for population and inflation, state spending grew at an average annual rate of _________ over the last 20 years.

0.8 percent

12

All of the following are seldom taxed with the exception of

real estate. {securities.; bonds.; stocks.}

13

All of the following groups have advocated for tort reform except

plaintiffs’ lawyers. {businesses.; insurance companies.: health professionals.}

14

All the following items have a hidden tax included in their prices except

real estate. {alcohol.; cigarettes.; gasoline.}

15

An act of Congress provides that federal offenses include all of the following crimes except

capital murder {those committed on federal property, territories, and reservations.; those interfering with interstate commerce.; those committed on the high seas.}

16

Anyone who lives in a metropolitan area is likely to be governed by

All of the above are true. {municipal and county governments.; school districts.; hospital districts.}

17

Appellate proceedings are based on

review of law as applied in the original court.

18

Arrest warrants are issued for all of the following except

when an individual looks suspicious. {when a prosecutor files for a writ of information.; when presented with probable cause that the person has committed a crime.; when a grand jury issues an indictment.}

19

As of January 2012, the state of Texas had executed __________ people since 1976.

478

20

At the beginning of each legislative session, the _________ reports to the legislature the total amount of revenues expected from current taxes and other sources.

Comptroller of Public Accounts

21

Broadly based taxes collected on the retail price of most items are called

General Sales Tax

22

Civil law deals with all of the following except

public morality. {individual rights.; private obligations and responsibilities.; private rights.}

23

Civil law holds that when a new corporation is chartered __________ and the new corporation is one that can sue, be sued, or be fined for criminal activity.

new legal person is created

24

Civil law protects individuals from all of the following except

assault. {negligence.; libel.; slander.}

25

County courts-at-law have jurisdiction for all of the following except

Not sure...civil jurisdiction involving cases over $100,000.?? {the handling of both civil and criminal cases.; probate of wills.; ?}

26

Criminal law is concerned with

Public Morality

27

Defenders traditionally refer to the justice courts as the _________ and maintain that elimination of the justice courts would remove the close contact many treasure

people's court

28

District court jurisdiction extends to all of the following except

original jurisdiction for traffic cases. {civil cases exceeding $200.; juvenile cases.; felony cases.}

29

District courts are often described as the _________ of the state, and as a group these courts are called the general trial courts.

Chief trial courts

30

During the 2012–2013 fiscal year, what percent of estimated Texas revenues came from the federal government?

39 percent

31

Efforts to limit liability in civil cases is called

tort reform

32

For the 2012–2013 biennium, Texas will receive approximately __________ in federal funds, which represents 30 percent of state revenue.

$71 billion

33

General-obligation bonds cannot be used for which of the following?

Higher education bonds financed by tuition revenue {Real estate programs for veterans; Water development; Prison construction}

34

Home-rule municipalities can set property tax rates as high as

$2.50 per $ 100 of assessed value.

35

How many courts of appeals does Texas have?

14

36

How many members serve in the Grand juries in Texas?

twelve

37

In 1931, Texas adopted a tax on

cigarettes

38

In 1949, which law increased state funding and established the Texas Education Agency (TEA), which carries out the state’s educational program.

Gilmer Aikin

39

In 1989, in which court case did the Texas Supreme Court unanimously declare that the huge disparities between rich and poor school districts were unacceptable and ordered changes in the financing of Texas’s public schools?

Edgewood v. Kirby

40

In a civil case, the individual filing the case is referred to as the

plaintiff

41

In many cities some or all of the city council members are elected by voters of the entire municipality rather than form neighborhood districts. This is called a(n)

at-large city elections

42

In order for a corporation to secure permission to conduct legitimate business, it must receive a charter from which state official?

Secretary of State

43

In terms of property taxes, the county is limited to a rate of __________ per $100 of assessed valuation.

80 cents

44

In Texas, all of following crimes are felonies except

stalking {livestock rustling.; second-degree murder.; engaging in sexual acts with a person under the age of 17.}

45

In Texas, political parties do not

All of the above are true. {nominate candidates below the county level.; mention party affiliation on the ballot.; increase voter turnout in the municipal and special district elections.}

46

In the case of _________________ the United States Supreme Court upheld disclosure requirements for corporate campaign contributions but removed many financial restrictions on those contributions.

Citizens United v. Federal Election Commission

47

In the strong-mayor system, who is responsible for administration of city policy?

The Mayor

48

Individual and corporate income taxes immediately became the national government’s major source of funding and today, they constitute approximately _________ of federal tax revenue.

56 percent

49

It is through what process that the legislature legally authorizes the state to spend money to provide its various programs and services?

Appropriations

50

Laws that prohibit union shop agreements requiring new employees to join a union are called

right-to-work laws

51

Local governments use public debt (normally bond issues that must be approved by the voters in a referendum) to fund which of the following?

Roads, buildings, and public facilities

52

Most states use the __________ system to select their judges.

?? gubernatorial appointment

53

Of the ten largest cities in the United States, Texas is home to how many of the largest cities?

Three

54

One area of tort reform that the Texas legislature has not seriously considered is

automobile insurance. {home insurance.; health insurance.; personal injury insurance.}

55

One of the most important distinctions between civil and criminal cases involves the issue of

burden of proof

56

Original jurisdiction of a court involves all of the following except

?? a review of the record. {the examination of evidence to determine guilt in criminal cases or responsibility in civil cases.; a trial that involves the determination of fact and the application of law.; the viewing of material evidence.}

57

Overly aggressive police officers extracting confessions from an individual is a violation of which constitution amendment?

Fifth amendment

58

Property taxes are the major source of revenue for virtually all of the following governments except

national government. {cities.; counties.; special districts.}

59

Property taxes were once the major source of state revenue until

the Great Depression of the 1930s.

60

Public confidence in municipal courts is

low

61

Selective sales taxes in Texas are

applied to liquor sales. {applied to real estate sales.; not considered a hidden tax.; NOT All of the above are true.}

62

Some Texas cities have taken measures to limit increases in property taxes by

freezing property taxes for the disabled and the elderly.

63

State bonds that are repaid with the revenues from the service they finance are called

Revenue Bonds

64

Tax rates that place more of a burden on low- and middle-income taxpayers than on wealthier ones care called

regressive tax rates

65

Texas cities are classified as either

general-law or home-rule

66

Texas executes more convicted capital felony inmates because

Texas follows through to execute a larger share of its death row prisoners.

67

Texas has a __________ system of courts of last resort.

dual

68

Texas has how many county courts?

254

69

Texas law protects the property rights of owners to do the following except

misuse it. {sell It.; inherit it.; lease it.}

70

Texas ranked __________ among the 50 states in overall per capita spending.

47th

71

Texas’s largest single individual revenue source is

federal funds

72

The burden of proof standard used in civil cases is

a preponderance of the evidence.

73

The commissioners court acts as a legislature

All of the above are true. {with limited authority to approve the budget for all county operations.; to set the tax rate.; to pass ordinances on a narrow range of policies.}

74

The county sheriff has all of the following functions except

operates the city jail. {hires deputies.; law enforcement in the county.; delivers and executes court papers.}

75

The duty of a party in a court case to prove its position is called

burden of proof

76

The exclusionary rule prevents which of the following?

Using illegally obtained evidence against the accused

77

The following crimes are considered white-collar crimes except

? theft of money greater than $1,500 {prostitution. [ED QUERY: Prostitution is not mentioned in definition. If you want to keep it as it, you should probably change factual to “conceptual.”; tax fraud.; bribery.}

78

The gasoline tax is an example of what type of tax?

benefits received

79

The general sales tax yielded what percent of the state’s revenue?

24.8 percent

80

The income tax became available to the national government with the ratification of which amendment to the United States Constitution?

Sixteenth

81

The initial questioning of jurors to determine possible biases is called what?

voir dire

82

The justice of the peace courts are authorized by

the Texas Constitution

83

The justice of the peace is elected for a ___-year term.

four

84

The major influence exercised by the commissioners’ court over the county offices comes from

their budgetary powers

85

The majority of the cases heard by the Texas Supreme Court are from a

petition for review

86

The maximum property tax rate of a general-law city is

$1.50 per $100 of the assessed value of a city’s property.

87

The means to redress an injury, including relief from ongoing injury or compensation for past damages is known as

remedy

88

The merit plan for selecting judges is sometimes referred to as the

Missouri plan

89

The most common ability-to-pay taxes are levied on all of the following except

gasoline. {sales.; income.; property.}

90

The most costly service in Texas is

education

91

The principle of following precedents in deciding legal cases is

stare decisis

92

The procedure used to prove the validity of a will is

probated

93

The relationship between states and local governments follows from the fact that states have a _________ system of government.

unitary

94

The State Board of Education does all of the except

makes routine managerial decisions. {sets curriculum standards.; requires cost accounting and financial reports from local districts.; establishes guidelines for operating public schools.}

95

The Supreme Court consists of one chief justice and _________ associate justices.

eight

96

The Texas Court of Criminal Appeals has one presiding judge and _________ other judges.

eight

97

The Texas’s ranking of population older than 25 with a high school diploma is

50th

98

To prove a defendant guilty in a criminal case, the state must provide

sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt.

99

Trading votes among legislators, especially to fund local projects to benefit their constituents, is called

logrolling

100

Trial by jury in criminal cases is a right guaranteed by the Texas Constitution and which of the amendments to the U.S. Constitution?

Sixth Amendment

101

TxDOT planned to use comprehensive development agreement with private entities to develop a highly ambitious and controversial 50-year program to supplement existing highways. This program was called the

Trans-Texas Corridor.

102

Under Texas law, an individual can lose the title to a homestead for all of the following reasons except

non-payment of child support

103

What is Texas’s general sales tax on retail purchases?

6.25 percent

104

What is the name of the new law that says if either party refuses an out-of-court settlement and if the jury awards damages significantly different from the settlement offer, the loser must pay all of the winner’s legal expenses in the case.

Loser pays system

105

What kind of insurance plan allows the insured person to collect from the individual’s own insurance company regardless of who is at fault in a vehicular accident?

No-fault insurance

106

What kinds of taxes are included in the retail prices of the goods and services?

Hidden taxes

107

What legal procedure guarantees fairness before the government may deprive a person of life, liberty, or property?

Due process

108

What percentage of Americans pays no income taxes at all?

40 percent

109

What taxes are the major source of revenue for virtually all local government, cities, counties, and special duties?

Property Taxes

110

When an individual is not indicted by a grand jury, a _________ is issued.

No bill

111

When did the state of Texas initiate the top 10 percent plan?

When the Fifth Circuit Court of Appeals ruled that race could not be considered in affirmative action admission policies

112

When grand juries consider matters independent of the district attorney’s recommendation they are called

"runaway" grand juries

113

Which branch of government authorizes city governments to determine whether their municipal courts are courts of record?

State legislature

114

Which case made the exclusionary rule applicable to the states?

Mapp v Ohio

115

Which court case did the U.S. Supreme Court approve seizing private residences to make way for a resort hotel, office buildings, and posh apartments? This court case caused Texas to join several other states in limiting government’s power of eminent domain.

Kelo v. City of New London Connecticut

116

Which court case questioned the constitutionality of the death penalty?

Furman v. Georgia

117

Which court has exclusive jurisdiction over automatic appeals in death penalty cases?

Court of Criminal Appeals

118

Which court has exclusive jurisdiction to try violations of city ordinances?

Municipal

119

Which factors influence the sources and amount of revenue used to meet a city’s budgetary obligations?

All of the above are true. {Size of the city’s population; The amount and type of taxes a city is allowed to levy; The total assessed value of taxable property within the city limits}

120

Which is considered a county’s most important financial officer?

The tax assessor-collector

121

Which is not a level of state involvement in health care?

When it advocates socialized medicine {When it provides health care for certain special populations; When it acts as a public health insurer as it does with Medicaid and pays for medical services offered by private practitioners; When it acts as a regulator and buyer of private health insurance}

122

Which is not a reason why reformers recommend a short ballot with fewer elected county officials?

They fear that concentrating too much power in a single chief executive invites abuse and threatens personal liberty. {They would be able to engage in long-range planning and eliminate duplication among various county offices.; They contend that a chief county executive could coordinate county programs.; They argue it would simplify structure with a single-county executive, which would allow voter to hold one high profile officer accountable.}

123

Which is not an example of a civil suit?

Arson

124

Which is not an example of a criminal case?

Breach-of-contract

125

Which is used as the barometer for the crime rate?

FBI index crimes

126

Which law “recaptured” property tax revenue from property-wealthy school districts and distributed those in property-poor districts, in an effort to equalize the financing of all districts throughout Texas?

Robin Hood Plan

127

Which law has been passed by the legislature and is written in codebooks?

Statutory law

128

Which of the following allows many inmates to serve the remainder of their sentences under supervision in the community?

Parole

129

Which of the following did the Trans-Texas Corridor not include?

Housing {Superhighways; Railways; Utility corridors}

130

Which of the following does not fall under the category of the benefits-received principle?

Local school taxes {License plate fees; Tuition at state universities; The 20-cent-per-gallon tax on gasoline}

131

Which of the following has been defined by the United States Supreme Court as a legal exception to the exclusionary rule?

All of the above are true. {Evidence may be admitted when law enforcement agents acted on a search warrant they believed valid when it was not.; If agents would have otherwise discovered the evidence during a routine legal investigation.; If the otherwise illegal evidence is seized for tax purposes rather than a trial.}

132

Which of the following income groups in Texas paid the highest percentage in effective taxes?

Lower

133

Which of the following is a probable reason that county jails fail?

All of the above are true. {Jails are operated by county sheriffs, whose major qualification for office is their ability to get elected.; Jail staffs and physical facilities are designed to maintain custody rather than to rehabilitate.; Many of the people who serve their sentences in local jails have been convicted of habitual vices that are not amenable to rehabilitation in a jail setting.}

134

Which of the following is an example of tax shifting?

All of the above are true. {As taxes on businesses rise, businesses raise their prices; As property taxes increase, landlords raise rents; Businesses making their taxes consumer taxes}

135

Which of the following is considered a restriction on the powers of the mayor in some strong-mayor council systems of government?

All of the above are true. {Nonpartisan elections; Ethics; Campaign finance laws}

136

Which of the following is included as part of protected homestead?

All of the above are included. {A home and 200 acres of land in rural areas; A home and 10 acres in the city; Cemetery lots}

137

Which of the following is incorrect?

Note: this is the right answer but it was marked wrong c. Raising the tax rate guarantees increased revenues. {a. To raise necessary revenue, a tax must not discourage too much of the activity that produces the income.; b. Excessive property taxes could discourage construction and repair of buildings.; d. High income taxes can discourage general economic activity.} Professor says "a"

138

Which of the following is more likely to be a victim of a crime?

All of the above are true. {Young people; African Americans; Individuals living in metropolitan areas}

139

Which of the following is not a common political rationalization for taxing various groups differently?

To appease the general public back home {To tax them according to their ability to pay; To tax them according to the benefits they receive; To regulate their behavior}

140

Which of the following is not a power of a county judge?

Exercising judicial authority over felony cases {Conducting hearings for beer and wine permits; Performing marriage ceremonies; Serving as the head of civil defense}

141

Which of the following is not a source of municipal revenue?

Income tax

142

Which of the following is not a special district in Texas?

Municipal government {Hospital district; Municipal utility district; Metropolitan transit authority}

143

Which of the following is not a stated purpose of Texas jails and penitentiaries?

Recidivism

144

Which of the following is not an explanation given by prosecutors for agreeing to plea bargains?

Criminal are still punished to the full measure of their crime. {In doing so, evidence is gathered about fellow criminals.; It saves taxpayers money.; Dockets are overcrowded.}

145

Which of the following is not an original jurisdiction of the Texas Supreme Court?

Ruling in death penalty cases {Conducting proceedings for involuntary retirement or removal of judges; Issuing writs; Making rules that govern the licensing of members of the state bar}

146

Which of the following is not considered a city user fee?

Ad valorem

147

Which of the following is not true about juvenile crime in Texas?

Juvenile courts in Texas provide unlimited social services for delinquents. {The young are major perpetrators of crime.; Many young perpetrators later graduate into more serious crime.; Texas juvenile facilities not only fail to correct but serve as breeding grounds for adult crime.}

148

Which of the following statement about gender and crime is correct?

Far more men than women are arrested for crimes.

149

Which of the following statements about bail is incorrect?

Texas does not recognize personal recognizance bonds. {The Texas Constitution guarantees the right to bail immediately after arrest.; Bail can be denied if the defendant is charged with committing a felony while released on bail.; Bail can be denied where proof is evident in capital cases.}

150

Which of the following statements about colonia is incorrect?

A colonia that is eligible for state aid cannot continue to receive such aid after annexation by a city. {There are about 1,800 colonia in Texas.; Most colonia are along the U.S.–Mexico border.; A colonia is a severely impoverished unincorporated area.}

151

Which of the following statements about court of appeals judges is incorrect?

They must have lived in their district five years prior to the election. {They must be at least 35 years of age.; They must be elected from their districts for six-year terms.; They must have a minimum of ten years experience as a lawyer or judge.}

152

Which of the following statements about crime in Texas is correct?

All of the above are correct. {Crime is more likely in large metropolitan areas.; Minority-group members are arrested disproportionately for crime.; The poor, regardless of racial or ethnic background, are more likely to commit violent crimes than members of the middle and upper classes.}

153

Which of the following statements about execution in Texas is correct?

Texas has executed far more individuals than any other state.

154

Which of the following statements about indictments in Texas is incorrect?

The vote of all of the twelve grand jurors is needed to indict. {An indictment is sometimes referred to as a true bill.; An indictment is the responsibility of the grand jury.; If an indictment is not returned, the conclusion of the grand jury is a no bill.}

155

Which of the following statements about the Texas judicial system is incorrect?

Texas courts dealt with over 24 million cases in 2011, or an average of one case for every resident of the state. {Texas has more than 2,700 courts and approximately 3,400 justices or judges.; Texas has been found to rank eighteenth among the states in terms of litigation.; Texas has 292 citizens per attorney.}

156

Which of the following taxes is not considered one of the most effective at raising revenue?

Narrowed based {General sales; Property; Income}

157

Which of the following would not be considered a judicial matter?

Creation of a budget for the state courts

158

Which public official is not a member of the Unfunded Mandates Interagency Work Group?

The lieutenant governor {A state senator; The state auditor; The comptroller}

159

Which statement about councils of government (COGs) is correct?

All of the above are true. {Most of their members are municipal and county governments.; They are not governments and have no jurisdiction over the various local governments within its borders.; They are a voluntary grouping of governments that have not relinquished any of their self-government rights.}

160

Which statement is incorrect about the adversary system?

It is not a violation of due process for the government to withhold evidence. {Each side can cross-examine witnesses.; Each side can challenge the material evidence.; The prosecutor has the legal responsibility to prove guilt beyond a reasonable doubt.}

161

Which tax may be applied to two major types of property including real property and personal property?

Ad Valorem

162

Which Texas Court of Criminal Appeals judge refused to take Michael Richards, a death row inmate, appeal after 5 P.M.?

Sharon Keller

163

Which type of election system has served as the primary means of increasing minority representation on city councils?

Single-member districts

164

Who founded Texans for Lawsuit Reform and was responsible for parlaying the single issue of tort reform to become a real player in Texas’s political establishment?

Dick Trabulisi

165

Who is responsible for bringing civil suits to seek writs of injunction to end violations of the Texas antitrust and consumer protection laws?

Attorney General

166

The Texas state budget is exceeded only by those of California and

New York

167

An excise or “sin” tax is levied on the sale, manufacture, or use of all of the following except

snacks. {gasoline. ; cigarettes.; liquor.}

168

__ is the merging or joining of responsibilities by county and other local governments.

Consolidation

169

Council-manager government was initiated as part of a reform movement during the

Progressive Era.

170

To become a home-rule city in Texas, a city must have a population of at least

5,000 residents.

171

Which of the following is not a form of local government?

Strong manager-council system {Commission system; Mayor-council system; Council-manager system}

172

The idea that city hall is best governed by new blood and fresh ideas and that limiting the number of terms for council members in the best way to achieve that goal is known as

term limits.

173

Elected county officials hire county employees using

the spoils system.

174

Big cities in Texas have suffered less than many other U.S. cities from “white flight,” urban decay, the evacuation of industry, and declining tax bases; one reason they have escaped some of the worst of these problems is

the state’s board of annexation laws.

175

All of the following are examples of local governments in Texas except

?municipal {not special district; county; town}

176

Voters who wish to repel an existing ordinance can petition the council to hold a(n)

referendum election.

177

In a council-manager form of government, who is responsible for both executing council policies and managing the day-to-day operations of city government?

The city manager

178

Which statement about a commissioners court is incorrect?

? (Commissioners are frequently referred to as road commissioners.; Commissioner districts need not be drawn on the basis of the one-person, one-vote principle.; Commissioners are elected in single-member districts.) {Not: Four county commissioners make up the membership of the court and are elected for four-year terms.}

179

Commissioners are sometimes called __________ because they are responsible for the county roads and bridges within their precincts.

road commissioners

180

Which of the following is a limit placed on home rule cities in Texas?

All of the above are true. {State law determines the specific dates for municipal elections.; Local government are subject to sunshine laws.: All local election law changes must meet federal pre-clearance requirements.}

181

The powers of the city manager come from

a city charter.

182

In 2007, Farmers Branch in Dallas, Texas, passed an ordinance that was upheld by the 5th Circuit Court of Appeals; this ordinance was a ban on

renting apartments to illegal immigrants. (this is the answer that must be selected but is wrong as it was overturned by 5th Circuit Court not upheld) {other options were illegal immigrants living in the city.; providing health services to illegal immigrants.; businesses employing illegal immigrants.}

183

Which of the following is a dependent agency and not a special district?

Crime control and prevention districts

184

All of the following statements about county government are true with the exception of which one?

Texas counties, like cities, have home-rule provisions. {Texas has 254 counties.; County government is far less flexible than municipal government in its organization and functions.; Counties cannot pass ordinances unless specifically authorized by the state.}

185

When it comes to the use of lobbyists to promote the needs of local government, which is an argument not used by critics?

Local governments need additional leverage when it comes to combating unfunded mandates. {Local government advocacy is a responsibility best met by local elected officials.; Taxpayers should not have to foot the bill for lobbyists.; Money dedicated to lobbyists would be better spent on services and projects, especially when local governments face financial shortfalls.}

186

Which statement about a commissioners court is incorrect?

Commissioner districts need not be drawn on the basis of the one-person, one-vote principle. (this is the answer that has to be selected but is wrong) {Commissioners are frequently referred to as road commissioners.; Commissioners are elected in single-member districts.; This should be correct answer - Four county commissioners make up the membership of the court and are elected for four-year terms. Commissioners court is commissioners and county judge)

187

Which of the following statements about a general-law city is correct?

It is an incorporated community with a population of 5,000 or less.

188

The unit road system does which of the following?

Takes the day-to-day responsibility for roads away from individual county commissioners and places it in the hands of a professional engineer

189

Texas cities can keep from being boxed in by suburban “bedroom” cities using their power of

extraterritorial jurisdiction.

190

Which city governments have officials who act as both executives and legislators?

Commissions

191

Which of the following is not an example of a victimless crime?

Driving while intoxicated {Drug possession; Prostitution; Gambling}

192

A court order to compel or restrain a particular action is called

writ of injunction.

193

A prisoner’s initial appearance before a magistrate is called

arraignment.

194

The right to a grand jury indictment is guaranteed in which document?

Both the U. S. Constitution and the Texas Constitution

195

As a community property state, Texas requires all of the following except

alimony must be paid after 5 years of marriage. {that children have a right to be supported by their parents even if the parents are divorced.; that a spouse is not usually responsible for the other’s support after divorce.; that a couple divide property acquired during marriage.}

196

Which of the following statements about persons who typically commit serious crimes is incorrect?

They have a strong sense of responsibility. {Many have acute emotional and social problems.; They are disproportionately young, poor, and members of racial or ethnic minority groups.; They are unwilling to accept the mores of the people who write the law.}

197

Ad valorem taxes may not be applied to which of the following?

The sale of real estate {Personal property; Land; Buildings}

198

Duties of the justice of the peace may include all of the following except

civil cases where the dispute involves less than $100,000. {perform marriages.; criminal cases where the fine in less than $500.; act as coroner.}

199

Which of the following statements about petit (trial) juries is correct?

County courts have six-person juries, whereas there are twelve people on juries at the district court level.

200

Which statement about minorities and the state judicial system is correct?

The system continues to be harshly criticized by representatives of minority groups.

201

The only constitutional qualification to become a justice of the peace is

being a registered voter.

202

Which of the following statements about legal briefs is incorrect?

A brief is a written argument prepared by a judge. {A brief summarizes the pertinent laws that relate to the case.; A brief summarizes the application of laws to the facts supporting a counsel’s position.; A brief summarizes the facts of the case.}

203

Which of the following allows registered voters to force a sometimes reluctant city council to place a proposed ordinance on the ballot?

Initiative

204

The lessons learned from observing decision making in small cities in Texas

apply to larger cities, states, and the national government as well.

205

In a weak-mayor form of government, power is

decentralized.

206

Which of the following is not an example of a federal mandate?

No-smoking ordinances {The Americans with Disabilities Act; The No Child Left Behind Act; The Motor Voter Act}

207

The two largest Texas cities with a mayor-council form of government are

Houston and Pasadena.

208

__ voting is an at-large system that permits voters to cast one or more votes for a single candidate.

Cumulative

209

A criminal case does not involve

cases that deal primarily with individual or property rights.

210

Which of the following is not a qualification to become a district court judge?

Must be a resident of Texas for 10 years. {Must be a licensed practicing lawyer or judge for four years.; Must be a resident of the district for two years.; Must be at least 25 years of age.}

211

Who is the county law enforcement official elected to serve as the process officer of justice of the peace courts and also has general law enforcement powers?

Constable

212

Which of the following statements about mandates is correct?

There is an increase in the number of mandates imposed by the federal government.

213

Which of the following is not a type of clemency in Texas?

Parole {Reprieve; Pardon; Commutation of sentence}

214

Children as young as __________ that are arrested for serious crimes may be certified to stand trial as adults.

fourteen

215

The legislature has passed laws involving all of the following except

reforming automobile insurance lawsuits. {capping jury awards of punitive damages.; reducing frivolous lawsuits.; restricting lawsuits by prison inmates.}

216

Civil law in the states today is based in large part on centuries-old English

common law.

217

Which U.S. Constitutional Amendment prohibits “unreasonable” searches?

Fourth Amendment

218

Which of the following has the authority to determine the property tax rate on real property in a county?

The commissioners’ courts

219

Declining marginal propensity to consume means

?as income increases, a smaller percentage is spent on consumer goods. (is correct but marked wrong) {as income increases, a larger percentage is spent on consumer goods.; as income decreases, spending remains constant as a percentage of income.; as income increases, spending increases proportionately.}

220

Which of the following is not true about recent state budgets?

Demands for state services have decreased over time. {State costs tend to go up due to inflation.; Each budget is a record for spending.; State costs have accelerated due to population increases.}

221

According to the Pew Research Center, the American public has a more _________ of local governments than of the national and state governments.

positive view

222

When a county has a population of more than 8,000, which office assumes the county clerk’s role as record keeper for the district courts even as the county clerk continues to maintain records for the constitutional county court and any county courts-at-law?

District clerk

223

Property appraisals in all local governments are done by which of the following?

Countywide appraisal authority

224

Which county official presides over the commissioners’ court?

The county judge

225

Which of the following is an optional county power authorized by state laws and various state codes?

All of the above are true. {A county may establish and maintain libraries.; Counties may regulate sexually-oriented businesses.; A county government has the authority to maintain a county hospital.}

226

According to the United States Supreme Court, which of the following is not a legal exception to the Miranda Rule?

Answer is not "A confession made without Miranda warnings may not be used as evidence of perjury if later statements by the accused contradict it." (options are When the public safety is endangered, Miranda warnings are unnecessary.; When a confession given without the Miranda warning leads to witnesses, their testimony may be used.; Police may ad lib the Miranda warning without using the precise language in the 1966 decision.}

227

A tax imposed with the intent of exerting social or economic control by reducing taxes on approved behaviors or imposing higher taxes on undesirable activities is

regulatory tax.

228

Which of the following states does not collect a small percentage of their resident’s income than Texas?

Alaska

229

Declining marginal propensity to consume means

correct answer is as income increases, a smaller percentage is spent on consumer goods. but is marked wrong (other options are as income decreases, spending remains constant as a percentage of income.; as income increases, spending increases proportionately.; as income increases, a larger percentage is spent on consumer goods.)

230

Currently, there are _____district courts, all of which function as single-judge courts.

456

231

Which of the following is not true about civil cases?

There are tougher rules of procedure to balance or weigh the evidence. {The dispute is usually set out in a petition.; The plaintiff and defendant are often private parties.; The final court remedy is relief from or compensation for the violation of legal rights.}

232

In the battle over taxation, one of the most intense issues is

what should be taxed.

233

Cities that limit the sale of beer and wine, freeze property taxes for seniors and people with disabilities, increase minimum wage, and place a cap on property tax rates is an example of a(n)

initiative.

234

Texas officially uses which method to select state judges?

Partisan election

235

__ is the power to try a case being heard for the first time.

Original jurisdiction

236

The vast majority of cases heard by municipal courts involve

traffic and parking violations.


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