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WorksheetsExam 4
Total questions: 121
Worksheet time: 1hrs 1mins
_____ is the power to try a case being heard for the first time.
First instance
De Novo
Original jurisdiction
Appellate jurisdiction
Original jurisdiction of a court involves all of the following except
the viewing of material evidence.
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.
a review of the record.
To prove a defendant guilty in a criminal case, the state must provide
a preponderance of the evidence.
enough evidence that at least three-fourths of the jurors agree to guilt.
more evidence than the defense.
sufficient evidence that jurors will believe the defendant is guilty beyond reasonable doubt.
______ 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.
Plea bargaining
De novo
Pleading no contest
A writ
A prisoner's initial appearance before a magistrate is called
arraignment.
bail.
arrest.
bond.
Which U.S. constitutional amendment prohibits "unreasonable" searches?
Fourth Amendment
Fourteenth Amendment
Twenty-fourth Amendment
Second Amendment
The _______ deal primarily with civil matters and juvenile justice.
Texas Court of Criminal Appeals
Texas Supreme Court
district supreme court
county court of criminal appeals
The authority of a court to review a case first heard by a lower court is referred to as
appellate jurisdiction.
original jurisdiction.
original authority.
criminal jurisdiction.
_____ refers to the power of an appeallate court to review the decisions of a lower court.
Original jurisdiction
Municipal jurisdiction
Appellate jurisdiction
Supreme Court
The purpose of a grand jury is to
determine if an individual is guilty or not guilty of a crime.
determine if there is sufficient evidence to bring the accused to trial.
select individuals to serve on a trial jury.
issue information.
How many courts of appeals does Texas have?
254
14
2
36
Texas has a system of two supreme courts. This is referred to as _______.
appellate duo
uni-structure
diffusion of power
dual structure
_______ is where the defendant agrees to a lesser set of charges than initially charged by the prosecutors.
Voir dire
An arraignment
A recognizance
A plea bargain
The court in which the case is first heard is referred to as the court of
criminal jurisdiction.
appellate jurisdiction.
original jurisdiction.
original authority.
Courts that review legal issues of cases decided by lower courts are called
justice courts.
district courts.
appellate courts.
county courts at law.
Texas has a _______ system of courts of last resort.
single
dual
conservative
closed system
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 ______
civil cases
political cases
appeals cases
criminal cases
What type of cases do trial courts hear?
civil cases
felony cases only
criminal and civil cases
criminal cases
Which court has exclusive jurisdiction to try violations of city ordinance?
Municipal
District
Justice of the peace
Appeals
The Texas Court of Criminal Appeals has one presiding judge and _______ other judges.
five
six
seven
eight
How many justices sit on the Texas Court of Criminal Appeals?
seven justices and a presiding judge
two justices and a presiding judge
three justices and a presiding judge
eight justices and a presiding judge
The Supreme Court consists of one chief justice and _______ associate justices.
three
five
eight
two
Nearly all judges in Texas are chosen by
partisan elections.
merit selection.
gubernatorial selection.
non-partisan elections.
Texas officially uses which method to select state judges?
Nonpartisan election
Merit plan
Partisan election
Appointment by governor
A criminal offense that is less serious than a felony is called a ______.
Class 1-A
felony
misdemeanor
indictment
The exclusionary rule prevents which of the following?
Double jeopardy in criminal cases
Using illegally obtained evidence against the accused
A violation of due process of law
A trial without a jury
Municipal courts have exclusive jurisdiction over the following except
violation of city ordinance.
class C misdemeanors.
fine of $500 or less.
jail sentence.
Duties of the justice of the peace courts may include all of the following except
criminal cases where the fine is less than $500.
performing marriages.
acting as coroner.
civil cases where the dispute involves less than $100,000.
Crimes are classified into two primary categories:
misdemeanor and civil suits.
misdemeanors and felonies.
felonies and civil suits.
misdemeanors and class actions.
_____ 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.
District courts
County courts
Justice courts
Municipal courts
To prove a defendant guilty in a criminal case, the state must provide
a preponderance of the evidence.
enough evidence that at least three-fourths of the jurors agree to guilt.
more evidence than the defense.
sufficient evidence that jurors will believe the defendant is guilty beyond a reasonable doubt.
How many courts of appeals does Texas have?
254
14
2
36
A ______ trial is a new trial conducted in a higher court (as opposed to an appeal).
true bill
court of record
de novo
no bill
The burden of proof standard used in civil cases is
reasonable doubt.
probable doubt.
beyond a reasonable doubt.
a preponderance of the evidence.
A criminal offense that is more serious than a misdemeanor is called a ______.
Class 1-A's
felony
misdemeanor
indictment
The official territory and types of cases over which a court exercises authority, is referred to as
authority.
criminal adjudication.
appellate ruling.
jurisdiction.
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 ________
appeals cases
civil cases
criminal cases
political cases
Sentencing a convicted individual to death, is commonly referred to as
incarceration.
community service.
the death penalty.
time let to serve.
What type of court has original jurisdiction in all divorce cases?
county court at law
criminal courts of appeal
municipal courts
district courts
_______ is where all of the justices of the court hear and consider the case.
"En banc"
"Caritate patriae"
"Amantes sunt amentes"
"Amicus curiae"
How many justices sit on the Texas Court of Criminal Appeals?
seven justices and a presiding judge
two justices and a presiding judge
three justices and a presiding judge
eight justices and a presiding judge
The Board of Trustees for an independent school district may do all the following except:
overseeing construction of schools.
selling bonds to finance projects.
collecting property taxes to fund operations.
raising property taxes without voter approval.
In the strong-mayor system, who is responsible for administration of city policy?
The council
The mayor
The manager
The city judge
All local governments are _______ the state government.
autonomous from
dominated by
cooperative wth
equal to
Texas cities are classified as either
incorporated or unincorporated.
partisan or nonpartisan.
general-law or home-rule.
homogenous or heterogenous.
All of the following are examples of local government in Texas except
county.
municipal.
town.
special district.
An administrator hired to run the day-to-day operations in a city is called a
mayor-council.
commission government.
council-manager.
city manager.
Property appraisals in all local governments are done by which of the following?
County clerks
Tax-assessor collectors
Countywide appraisal authority
County auditors
________ is a process through which voters can oust sitting members of the city government before their terms are up.
A recall
A referendum
An initiative
A reform
_______ is a procedure through which local voters can repeal existing ordinances that a city council won't rescind.
A reform
A referendum
A recall
An initiative
Texans interact most frequently with a special district we know as our local ______. They make final decisions on district policies, personnel, textbooks and budgets.
school district.
special district.
special improvement district.
junior/community college district.
County clerks perform which of the following duties:
maintains county records (like birth certificates)
issues vital documents (like marriage licenses)
serves as the chief elections officer
all of the above
Each county has a __________.
county judge and a commissioner's court
land surveyor and a jurisdictional court
county judge and a council
commission
Home rule cities can choose all of the following except:
election system.
form of government.
organization of government.
which state they belong to.
_______ is a process whereby local voters can directly purpose ordinances to city charters.
An initiative
A constitutional amendment
An ordinance
A reform
Which official maintains county records?
County sheriff
Auditor
County judge
County clerk
Dillon's Rule describes a principle that assumes _____ to be a creature of _______.
state government; federal government
local government; state government
local government; federal government
federal government; state government
state government; local government
A city's governing document is its
constitution.
reformatory.
charter.
ordinance.
The relationship between states and local governments follows from the fact that states have a _____ system of government.
confederacy
unitary
federal
federation
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?
Elected city council members
The mayor
The city manager
The presiding officer of the city council
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?
Sheriff
County judge
Constable
Precinct judge
How many commissioners serve on the county commissioners court?
3
4
6
2
Which county official presides over the commissioners' court?
The county sheriff
The county auditor
The county clerk
The county judge
A city that is only allowed to operate under the laws that the state provides is a
general law city.
municipality.
county-run institution.
home rule city.
A city that is allowed self-governance independent of state law is a
general law city.
county-run institution.
municipality.
home rule city.
A single-purpose government that performs a specialized function is called a
special district.
special improvement district.
school district.
junior/community college district.
Where home rule cities _____, general law cities ______.
tend to be the smaller cities in Texas; tend to be the larger cities in Texas
make up around 30 percent of cities in Texas; make up around 70 percent of cities in Texas
are more tightly regulated by the state; are given more freedom by the state
are unlimited in local authority; have a short list of powers
elect mayors; have all of their officials appointed by state government
Which of the following is not a special district in Texas?
Hospital district
Metropolitan transit authority
Municipal utility district
Municipal government
Which of the following forms of city government is the most commonly found in Texas?
Weak mayor-council
Council-manager
Strong mayor-council
Commissioners court
Tribunal form
The county sheriff has all of the following functions except
law enforcement in the county.
hiring deputies.
operating the city jail.
delivering and executing court papers.
The number of counties in Texas is now fixed at ______.
254
12
36
119
Which of the following is not a form of city government found in Texas?
Commissioners court
Weak mayor-council
Council-manager
Strong mayor-council
The Board of Trustees for an independent school district may establish all of the following guidelines except:
hiring of teachers and administrators.
curriculum decisions.
discipline policies.
whether or not to follow state standards.
The joining of unincorporated land into the boundary of an existing city is known as
an initiative.
a referendum.
a recall.
annexation.
To become a home-rule city in Texas, a city must have a population of at least ______ residents.
15,000
25,000
5,000
50,000
Which of the following is not a form of local government?
Council-manager system
Mayor-council system
Commission system
Strong manager-council system
The cost of local government is ultimately passed on to:
corporations.
nonprofits.
citizens.
interest groups.
A special government that provides water and sewer is called:
intergovernmental agency.
ISD.
municipal utilities district.
home rule city.
Which official maintains county records?
County sheriff
Auditor
County judge
County clerk
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?
Sheriff
County judge
Constable
Precinct judge
An ordinance is a law enacted by a national government.
False
True
The Board of Trustees fr an independent school district may do all of the following except:
overseeing construction of schools.
selling bonds to finance projects.
collecting property texas to fund operations.
raising property texas without voter approval.
The relationship between states and local governments follows from the fact that states have a _____ system of government.
confederacy
unitary
federal
federation
What taxes are the major source of revenue for virtually all local government, cities, counties, and special duties?
Property
Ad valorem
Severance
Selective sales
The state comptroller provides a ______ at the beginning of each regular session.
a fiscal note
biennial revenue estimate (BRE)
an appropriations summary
a budget request
Selective sales taxes in Texas are
applied to liquor sales.
applied to real estate sales.
not considered a hidden tax.
all of these choices are true.
Property taxes are assessed based upon the ______ the taxpayer owns.
number of children in a family
length of ownership
value of the property
Tax rates place more of a burden on low- and middle- income taxpayers than on wealthier ones are called
marginal propensity tax rates.
progressive tax rates.
regressive tax rates.
nonreformist taxes.
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
Children's Health Insurance Program (CHIP)
Medicare
Medicaid
Social Security
Texas's largest single indiviual revenue source is
general sales tax.
selective sales tax.
federal funds.
gross receipts taxes.
The state controller stating that the state has enough money to cover the budget items, is known as ________ the budget.
evaluating
submitting
certifying
approving
Policies that transfer wealth from those who have more to those who have less, are called
redistributive policies.
unequal policies.
distributive policies.
libertarian policies.
Income measured programs that provide aid t individuals and families with low incomes, are _______ programs.
healthcare
means-tested
entitlement
elderly
The state charges 20 cents per gallon on ________. The more you drive, the more ______ you pay.
"sin" ; fees
sales ; fees
franchise ; tax
gas ; tax
The most costly service in Texas is
health and human services.
education.
transportation.
crime and punishment.
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 broad-based tax.
regulatory tax.
tax rate.
tax base.
_____ is a tax designed to be paid by a large number of taxpayers.
Tax rate
Tax base
Broad-based tax
Regulatory tax
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 ________.
Medicare
Medicaid
Social security
Obamacare
Texas relies primarily on two sources of tax revenue:
county and property taxes
sales and property taxes
sales and county taxes
school district and local taxes
Taxes imposed on the sale of alcohol and tobacco and on some forms of gambling, and fees imposed on "sexually oriented" businesses, are called
franchise taxes.
"sin" taxes.
sales taxes.
gas taxes.
______ advocate that taxes on higher-income individuals should be kept low to allow them to save and invest to stimulate the economy.
Proponents of progressive taxes
Supply-siders
Proponents of ability to pay
Consumer-economic-siders
The current school finance structure, which redistributes tax money from wealthy school districts to poorer ones, is known as
the Robin Hood plan.
the captive plan.
the Demitrio plan.
the Golden Pennies plan.
If you believe that your property taxes are too high, you can
claim that it is commercial property.
double the homestead exemption.
fail to pay.
protest it.
Regulatory taxes are sometimes called a(n)
sin tax.
use tax.
selective tax.
objected tax.
Broad-based taxes collected on the retail price of most items are called
general sales taxes.
ad valorem taxes.
user taxes.
hidden taxes.
What is Texas's general sales tax on retail purchases?
6.25 percent
7.25 percent
8.25 percent
9.25 percent
A tax with a rate that increases as the amount that is taxed rises is known as
a progressive tax.
a regressive tax.
a gas tax.
a "sin" tax.
The _________ has served as the state's largest single source of tax income.
income tax
property tax
sales tax
municipal bonds
Which agency coordinates, develops and evaluates higher education in Texas?
the State Board of Education
the Board of Regents
the College District Board
the Texas High Education Coordinating Board
A ______ tax is a tax on raw material (such as oil and natural gas) when they are extracted from their natural site.
general sales
selective sales
severance
hidden
Which taxes may be applied to two major types of property including real property and personal property?
Ad valorem
Severance
Selective
Gross reciept
Medical coverage for low-income Texans provided by the federal government, is called _______.
Social security
Medicare
Obamacare
Medicaid
An exercise or "sin" tax is levied on the sale, manufacture, or use of all of the following except
snacks.
cigarettes.
liquor.
gasoline.
Texas has ______ income tax.
15%
10%
8%
No
The Patient Protection and Affordable Care Act (PPACA), is commonly referred to as ______.
Social security
Medicare
Obamacare
Medicaid
Ad Valorem means
"according to the location"
"according to the homestead"
"according to value"
"according to the square mileage."
The sales tax is considered to be a
progressive tax.
regressive tax.
grandfather tax.
property tax.
When it comes to education, Texas consistently ranks _____ other states.
about the same as
lower than most
dead last among
higher than most
Which method is most often employed to recapture property tax dollars for poorer school districts?
Combing school districts
Busing
State redistribution
School reassignment
The state sets the sales tax rate at 6.25% and local government can add up to another _______.
8%
5%
2%
10%
The federal government pays for ______ of the Medicaid program in Texas.
95%
60%
40%
25%
