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Worksheets

Exam 4

Total questions: 121

Worksheet time: 1hrs 1mins

Name
Class
Date
1.

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

a)

First instance

b)

De Novo

c)

Original jurisdiction

d)

Appellate jurisdiction

2.

Original jurisdiction of a court involves all of the following except

a)

the viewing of material evidence.

b)

the examination of evidence to determine guilt in criminal cases or responsibility in civil cases.

c)

a trial that involves the determination of fact and the application of law.

d)

a review of the record.

3.

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

a)

a preponderance of the evidence.

b)

enough evidence that at least three-fourths of the jurors agree to guilt.

c)

more evidence than the defense.

d)

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

4.

______ 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 sentance to be served.

a)

Plea bargaining

b)

De novo

c)

Pleading no contest

d)

A writ

5.

A prisoner's initial appearance before a magistrate is called

a)

arraignment.

b)

bail.

c)

arrest.

d)

bond.

6.

Which U.S. constitutional amendment prohibits "unreasonable" searches?

a)

Fourth Amendment

b)

Fourteenth Amendment

c)

Twenty-fourth Amendment

d)

Second Amendment

7.

The _______ deal primarily with civil matters and juvenile justice.

a)

Texas Court of Criminal Appeals

b)

Texas Supreme Court

c)

district supreme court

d)

county court of criminal appeals

8.

The authority of a court to review a case first heard by a lower court is referred to as

a)

appellate jurisdiction.

b)

original jurisdiction.

c)

original authority.

d)

criminal jurisdiction.

9.

_____ refers to the power of an appeallate court to review the decisions of a lower court.

a)

Original jurisdiction

b)

Municipal jurisdiction

c)

Appellate jurisdiction

d)

Supreme Court

10.

The purpose of a grand jury is to

a)

determine if an individual is guilty or not guilty of a crime.

b)

determine if there is sufficient evidence to bring the accused to trial.

c)

select individuals to serve on a trial jury.

d)

issue information.

11.

How many courts of appeals does Texas have?

a)

254

b)

14

c)

2

d)

36

12.

Texas has a system of two supreme courts. This is referred to as _______.

a)

appellate duo

b)

uni-structure

c)

diffusion of power

d)

dual structure

13.

_______ is where the defendant agrees to a lesser set of charges than initially charged by the prosecutors.

a)

Voir dire

b)

An arraignment

c)

A recognizance

d)

A plea bargain

14.

The court in which the case is first heard is referred to as the court of

a)

criminal jurisdiction.

b)

appellate jurisdiction.

c)

original jurisdiction.

d)

original authority.

15.

Courts that review legal issues of cases decided by lower courts are called

a)

justice courts.

b)

district courts.

c)

appellate courts.

d)

county courts at law.

16.

Texas has a _______ system of courts of last resort.

a)

single

b)

dual

c)

conservative

d)

closed system

17.

Cases in which individuals, corporations, or the government bring suit against another party and must prove that a harm was done to them beyond a "preponderance of evidence" are ______

a)

civil cases

b)

political cases

c)

appeals cases

d)

criminal cases

18.

What type of cases do trial courts hear?

a)

civil cases

b)

felony cases only

c)

criminal and civil cases

d)

criminal cases

19.

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

a)

Municipal

b)

District

c)

Justice of the peace

d)

Appeals

20.

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

a)

five

b)

six

c)

seven

d)

eight

21.

How many justices sit on the Texas Court of Criminal Appeals?

a)

seven justices and a presiding judge

b)

two justices and a presiding judge

c)

three justices and a presiding judge

d)

eight justices and a presiding judge

22.

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

a)

three

b)

five

c)

eight

d)

two

23.

Nearly all judges in Texas are chosen by

a)

partisan elections.

b)

merit selection.

c)

gubernatorial selection.

d)

non-partisan elections.

24.

Texas officially uses which method to select state judges?

a)

Nonpartisan election

b)

Merit plan

c)

Partisan election

d)

Appointment by governor

25.

A criminal offense that is less serious than a felony is called a ______.

a)

Class 1-A

b)

felony

c)

misdemeanor

d)

indictment

26.

The exclusionary rule prevents which of the following?

a)

Double jeopardy in criminal cases

b)

Using illegally obtained evidence against the accused

c)

A violation of due process of law

d)

A trial without a jury

27.

Municipal courts have exclusive jurisdiction over the following except

a)

violation of city ordinance.

b)

class C misdemeanors.

c)

fine of $500 or less.

d)

jail sentence.

28.

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

a)

criminal cases where the fine is less than $500.

b)

performing marriages.

c)

acting as coroner.

d)

civil cases where the dispute involves less than $100,000.

29.

Crimes are classified into two primary categories:

a)

misdemeanor and civil suits.

b)

misdemeanors and felonies.

c)

felonies and civil suits.

d)

misdemeanors and class actions.

30.

_____ in Texas have original and exclusive jurisdiction over violations of city ordinance and over Class C misdemeanors, the lowest level of punishment severity of all misdemeanors.

a)

District courts

b)

County courts

c)

Justice courts

d)

Municipal courts

31.

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

a)

a preponderance of the evidence.

b)

enough evidence that at least three-fourths of the jurors agree to guilt.

c)

more evidence than the defense.

d)

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

32.

How many courts of appeals does Texas have?

a)

254

b)

14

c)

2

d)

36

33.

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

a)

true bill

b)

court of record

c)

de novo

d)

no bill

34.

The burden of proof standard used in civil cases is

a)

reasonable doubt.

b)

probable doubt.

c)

beyond a reasonable doubt.

d)

a preponderance of the evidence.

35.

A criminal offense that is more serious than a misdemeanor is called a ______.

a)

Class 1-A's

b)

felony

c)

misdemeanor

d)

indictment

36.

The official territory and types of cases over which a court exercises authority, is referred to as

a)

authority.

b)

criminal adjudication.

c)

appellate ruling.

d)

jurisdiction.

37.

Cases in which the government brings suit against the defendant for violating the law and in which the defendant is guilty beyond a reasonable doubt, are ________

a)

appeals cases

b)

civil cases

c)

criminal cases

d)

political cases

38.

Sentencing a convicted individual to death, is commonly referred to as

a)

incarceration.

b)

community service.

c)

the death penalty.

d)

time let to serve.

39.

What type of court has original jurisdiction in all divorce cases?

a)

county court at law

b)

criminal courts of appeal

c)

municipal courts

d)

district courts

40.

_______ is where all of the justices of the court hear and consider the case.

a)

"En banc"

b)

"Caritate patriae"

c)

"Amantes sunt amentes"

d)

"Amicus curiae"

41.

How many justices sit on the Texas Court of Criminal Appeals?

a)

seven justices and a presiding judge

b)

two justices and a presiding judge

c)

three justices and a presiding judge

d)

eight justices and a presiding judge

42.

The Board of Trustees for an independent school district may do all the following except:

a)

overseeing construction of schools.

b)

selling bonds to finance projects.

c)

collecting property taxes to fund operations.

d)

raising property taxes without voter approval.

43.

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

a)

The council

b)

The mayor

c)

The manager

d)

The city judge

44.

All local governments are _______ the state government.

a)

autonomous from

b)

dominated by

c)

cooperative wth

d)

equal to

45.

Texas cities are classified as either

a)

incorporated or unincorporated.

b)

partisan or nonpartisan.

c)

general-law or home-rule.

d)

homogenous or heterogenous.

46.

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

a)

county.

b)

municipal.

c)

town.

d)

special district.

47.

An administrator hired to run the day-to-day operations in a city is called a

a)

mayor-council.

b)

commission government.

c)

council-manager.

d)

city manager.

48.

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

a)

County clerks

b)

Tax-assessor collectors

c)

Countywide appraisal authority

d)

County auditors

49.

________ is a process through which voters can oust sitting members of the city government before their terms are up.

a)

A recall

b)

A referendum

c)

An initiative

d)

A reform

50.

_______ is a procedure through which local voters can repeal existing ordinances that a city council won't rescind.

a)

A reform

b)

A referendum

c)

A recall

d)

An initiative

51.

Texans interact most frequently with a special district we know as our local ______. They make final decisions on district policies, personnel, textbooks and budgets.

a)

school district.

b)

special district.

c)

special improvement district.

d)

junior/community college district.

52.

County clerks perform which of the following duties:

a)

maintains county records (like birth certificates)

b)

issues vital documents (like marriage licenses)

c)

serves as the chief elections officer

d)

all of the above

53.

Each county has a __________.

a)

county judge and a commissioner's court

b)

land surveyor and a jurisdictional court

c)

county judge and a council

d)

commission

54.

Home rule cities can choose all of the following except:

a)

election system.

b)

form of government.

c)

organization of government.

d)

which state they belong to.

55.

_______ is a process whereby local voters can directly purpose ordinances to city charters.

a)

An initiative

b)

A constitutional amendment

c)

An ordinance

d)

A reform

56.

Which official maintains county records?

a)

County sheriff

b)

Auditor

c)

County judge

d)

County clerk

57.

Dillon's Rule describes a principle that assumes _____ to be a creature of _______.

a)

state government; federal government

b)

local government; state government

c)

local government; federal government

d)

federal government; state government

e)

state government; local government

58.

A city's governing document is its

a)

constitution.

b)

reformatory.

c)

charter.

d)

ordinance.

59.

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

a)

confederacy

b)

unitary

c)

federal

d)

federation

60.

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

a)

Elected city council members

b)

The mayor

c)

The city manager

d)

The presiding officer of the city council

61.

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?

a)

Sheriff

b)

County judge

c)

Constable

d)

Precinct judge

62.

How many commissioners serve on the county commissioners court?

a)

3

b)

4

c)

6

d)

2

63.

Which county official presides over the commissioners' court?

a)

The county sheriff

b)

The county auditor

c)

The county clerk

d)

The county judge

64.

A city that is only allowed to operate under the laws that the state provides is a

a)

general law city.

b)

municipality.

c)

county-run institution.

d)

home rule city.

65.

A city that is allowed self-governance independent of state law is a

a)

general law city.

b)

county-run institution.

c)

municipality.

d)

home rule city.

66.

A single-purpose government that performs a specialized function is called a

a)

special district.

b)

special improvement district.

c)

school district.

d)

junior/community college district.

67.

Where home rule cities _____, general law cities ______.

a)

tend to be the smaller cities in Texas; tend to be the larger cities in Texas

b)

make up around 30 percent of cities in Texas; make up around 70 percent of cities in Texas

c)

are more tightly regulated by the state; are given more freedom by the state

d)

are unlimited in local authority; have a short list of powers

e)

elect mayors; have all of their officials appointed by state government

68.

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

a)

Hospital district

b)

Metropolitan transit authority

c)

Municipal utility district

d)

Municipal government

69.

Which of the following forms of city government is the most commonly found in Texas?

a)

Weak mayor-council

b)

Council-manager

c)

Strong mayor-council

d)

Commissioners court

e)

Tribunal form

70.

The county sheriff has all of the following functions except

a)

law enforcement in the county.

b)

hiring deputies.

c)

operating the city jail.

d)

delivering and executing court papers.

71.

The number of counties in Texas is now fixed at ______.

a)

254

b)

12

c)

36

d)

119

72.

Which of the following is not a form of city government found in Texas?

a)

Commissioners court

b)

Weak mayor-council

c)

Council-manager

d)

Strong mayor-council

73.

The Board of Trustees for an independent school district may establish all of the following guidelines except:

a)

hiring of teachers and administrators.

b)

curriculum decisions.

c)

discipline policies.

d)

whether or not to follow state standards.

74.

The joining of unincorporated land into the boundary of an existing city is known as

a)

an initiative.

b)

a referendum.

c)

a recall.

d)

annexation.

75.

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

a)

15,000

b)

25,000

c)

5,000

d)

50,000

76.

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

a)

Council-manager system

b)

Mayor-council system

c)

Commission system

d)

Strong manager-council system

77.

The cost of local government is ultimately passed on to:

a)

corporations.

b)

nonprofits.

c)

citizens.

d)

interest groups.

78.

A special government that provides water and sewer is called:

a)

intergovernmental agency.

b)

ISD.

c)

municipal utilities district.

d)

home rule city.

79.

Which official maintains county records?

a)

County sheriff

b)

Auditor

c)

County judge

d)

County clerk

80.

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?

a)

Sheriff

b)

County judge

c)

Constable

d)

Precinct judge

81.

An ordinance is a law enacted by a national government.

a)

False

b)

True

82.

The Board of Trustees fr an independent school district may do all of the following except:

a)

overseeing construction of schools.

b)

selling bonds to finance projects.

c)

collecting property texas to fund operations.

d)

raising property texas without voter approval.

83.

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

a)

confederacy

b)

unitary

c)

federal

d)

federation

84.

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

a)

Property

b)

Ad valorem

c)

Severance

d)

Selective sales

85.

The state comptroller provides a ______ at the beginning of each regular session.

a)

a fiscal note

b)

biennial revenue estimate (BRE)

c)

an appropriations summary

d)

a budget request

86.

Selective sales taxes in Texas are

a)

applied to liquor sales.

b)

applied to real estate sales.

c)

not considered a hidden tax.

d)

all of these choices are true.

87.

Property taxes are assessed based upon the ______ the taxpayer owns.

a)

number of children in a family

b)

length of ownership

c)

value of the property

88.

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

a)

marginal propensity tax rates.

b)

progressive tax rates.

c)

regressive tax rates.

d)

nonreformist taxes.

89.

A federal program that is run by the states to provide health coverage to children whose families make to much to qualify for Medicaid but not enough to buy private insurance, is named

a)

Children's Health Insurance Program (CHIP)

b)

Medicare

c)

Medicaid

d)

Social Security

90.

Texas's largest single indiviual revenue source is

a)

general sales tax.

b)

selective sales tax.

c)

federal funds.

d)

gross receipts taxes.

91.

The state controller stating that the state has enough money to cover the budget items, is known as ________ the budget.

a)

evaluating

b)

submitting

c)

certifying

d)

approving

92.

Policies that transfer wealth from those who have more to those who have less, are called

a)

redistributive policies.

b)

unequal policies.

c)

distributive policies.

d)

libertarian policies.

93.

Income measured programs that provide aid t individuals and families with low incomes, are _______ programs.

a)

healthcare

b)

means-tested

c)

entitlement

d)

elderly

94.

The state charges 20 cents per gallon on ________. The more you drive, the more ______ you pay.

a)

"sin" ; fees

b)

sales ; fees

c)

franchise ; tax

d)

gas ; tax

95.

The most costly service in Texas is

a)

health and human services.

b)

education.

c)

transportation.

d)

crime and punishment.

96.

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

a)

a broad-based tax.

b)

regulatory tax.

c)

tax rate.

d)

tax base.

97.

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

a)

Tax rate

b)

Tax base

c)

Broad-based tax

d)

Regulatory tax

98.

A national social insurance program for older Americans, sixty-five and above, funded by a payroll tax, premiums, and surtaxes, and administered by the federal government, is named ________.

a)

Medicare

b)

Medicaid

c)

Social security

d)

Obamacare

99.

Texas relies primarily on two sources of tax revenue:

a)

county and property taxes

b)

sales and property taxes

c)

sales and county taxes

d)

school district and local taxes

100.

Taxes imposed on the sale of alcohol and tobacco and on some forms of gambling, and fees imposed on "sexually oriented" businesses, are called

a)

franchise taxes.

b)

"sin" taxes.

c)

sales taxes.

d)

gas taxes.

101.

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

a)

Proponents of progressive taxes

b)

Supply-siders

c)

Proponents of ability to pay

d)

Consumer-economic-siders

102.

The current school finance structure, which redistributes tax money from wealthy school districts to poorer ones, is known as

a)

the Robin Hood plan.

b)

the captive plan.

c)

the Demitrio plan.

d)

the Golden Pennies plan.

103.

If you believe that your property taxes are too high, you can

a)

claim that it is commercial property.

b)

double the homestead exemption.

c)

fail to pay.

d)

protest it.

104.

Regulatory taxes are sometimes called a(n)

a)

sin tax.

b)

use tax.

c)

selective tax.

d)

objected tax.

105.

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

a)

general sales taxes.

b)

ad valorem taxes.

c)

user taxes.

d)

hidden taxes.

106.

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

a)

6.25 percent

b)

7.25 percent

c)

8.25 percent

d)

9.25 percent

107.

A tax with a rate that increases as the amount that is taxed rises is known as

a)

a progressive tax.

b)

a regressive tax.

c)

a gas tax.

d)

a "sin" tax.

108.

The _________ has served as the state's largest single source of tax income.

a)

income tax

b)

property tax

c)

sales tax

d)

municipal bonds

109.

Which agency coordinates, develops and evaluates higher education in Texas?

a)

the State Board of Education

b)

the Board of Regents

c)

the College District Board

d)

the Texas High Education Coordinating Board

110.

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

a)

general sales

b)

selective sales

c)

severance

d)

hidden

111.

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

a)

Ad valorem

b)

Severance

c)

Selective

d)

Gross reciept

112.

Medical coverage for low-income Texans provided by the federal government, is called _______.

a)

Social security

b)

Medicare

c)

Obamacare

d)

Medicaid

113.

An exercise or "sin" tax is levied on the sale, manufacture, or use of all of the following except

a)

snacks.

b)

cigarettes.

c)

liquor.

d)

gasoline.

114.

Texas has ______ income tax.

a)

15%

b)

10%

c)

8%

d)

No

115.

The Patient Protection and Affordable Care Act (PPACA), is commonly referred to as ______.

a)

Social security

b)

Medicare

c)

Obamacare

d)

Medicaid

116.

Ad Valorem means

a)

"according to the location"

b)

"according to the homestead"

c)

"according to value"

d)

"according to the square mileage."

117.

The sales tax is considered to be a

a)

progressive tax.

b)

regressive tax.

c)

grandfather tax.

d)

property tax.

118.

When it comes to education, Texas consistently ranks _____ other states.

a)

about the same as

b)

lower than most

c)

dead last among

d)

higher than most

119.

Which method is most often employed to recapture property tax dollars for poorer school districts?

a)

Combing school districts

b)

Busing

c)

State redistribution

d)

School reassignment

120.

The state sets the sales tax rate at 6.25% and local government can add up to another _______.

a)

8%

b)

5%

c)

2%

d)

10%

121.

The federal government pays for ______ of the Medicaid program in Texas.

a)

95%

b)

60%

c)

40%

d)

25%