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Government 2306 Exam 3

front 1

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

back 1

Supply-siders

front 2

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

back 2

Broad-based tax

front 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.

back 3

Plea bargaining

front 4

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

back 4

Appellate jurisdiction

front 5

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

back 5

severance tax

front 6

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

back 6

de novo

front 7

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

back 7

writ of habeas corpus

front 8

A rollback election does which of the following?

back 8

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

front 9

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

back 9

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

front 10

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

back 10

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

front 11

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

back 11

0.8 percent

front 12

All of the following are seldom taxed with the exception of

back 12

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

front 13

All of the following groups have advocated for tort reform except

back 13

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

front 14

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

back 14

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

front 15

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

back 15

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

front 16

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

back 16

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

front 17

Appellate proceedings are based on

back 17

review of law as applied in the original court.

front 18

Arrest warrants are issued for all of the following except

back 18

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.}

front 19

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

back 19

478

front 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.

back 20

Comptroller of Public Accounts

front 21

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

back 21

General Sales Tax

front 22

Civil law deals with all of the following except

back 22

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

front 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.

back 23

new legal person is created

front 24

Civil law protects individuals from all of the following except

back 24

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

front 25

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

back 25

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

front 26

Criminal law is concerned with

back 26

Public Morality

front 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

back 27

people's court

front 28

District court jurisdiction extends to all of the following except

back 28

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

front 29

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

back 29

Chief trial courts

front 30

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

back 30

39 percent

front 31

Efforts to limit liability in civil cases is called

back 31

tort reform

front 32

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

back 32

$71 billion

front 33

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

back 33

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

front 34

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

back 34

$2.50 per $ 100 of assessed value.

front 35

How many courts of appeals does Texas have?

back 35

14

front 36

How many members serve in the Grand juries in Texas?

back 36

twelve

front 37

In 1931, Texas adopted a tax on

back 37

cigarettes

front 38

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

back 38

Gilmer Aikin

front 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?

back 39

Edgewood v. Kirby

front 40

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

back 40

plaintiff

front 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)

back 41

at-large city elections

front 42

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

back 42

Secretary of State

front 43

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

back 43

80 cents

front 44

In Texas, all of following crimes are felonies except

back 44

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

front 45

In Texas, political parties do not

back 45

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.}

front 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.

back 46

Citizens United v. Federal Election Commission

front 47

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

back 47

The Mayor

front 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.

back 48

56 percent

front 49

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

back 49

Appropriations

front 50

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

back 50

right-to-work laws

front 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?

back 51

Roads, buildings, and public facilities

front 52

Most states use the __________ system to select their judges.

back 52

?? gubernatorial appointment

front 53

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

back 53

Three

front 54

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

back 54

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

front 55

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

back 55

burden of proof

front 56

Original jurisdiction of a court involves all of the following except

back 56

?? 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.}

front 57

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

back 57

Fifth amendment

front 58

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

back 58

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

front 59

Property taxes were once the major source of state revenue until

back 59

the Great Depression of the 1930s.

front 60

Public confidence in municipal courts is

back 60

low

front 61

Selective sales taxes in Texas are

back 61

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

front 62

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

back 62

freezing property taxes for the disabled and the elderly.

front 63

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

back 63

Revenue Bonds

front 64

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

back 64

regressive tax rates

front 65

Texas cities are classified as either

back 65

general-law or home-rule

front 66

Texas executes more convicted capital felony inmates because

back 66

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

front 67

Texas has a __________ system of courts of last resort.

back 67

dual

front 68

Texas has how many county courts?

back 68

254

front 69

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

back 69

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

front 70

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

back 70

47th

front 71

Texas’s largest single individual revenue source is

back 71

federal funds

front 72

The burden of proof standard used in civil cases is

back 72

a preponderance of the evidence.

front 73

The commissioners court acts as a legislature

back 73

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.}

front 74

The county sheriff has all of the following functions except

back 74

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

front 75

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

back 75

burden of proof

front 76

The exclusionary rule prevents which of the following?

back 76

Using illegally obtained evidence against the accused

front 77

The following crimes are considered white-collar crimes except

back 77

? 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.}

front 78

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

back 78

benefits received

front 79

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

back 79

24.8 percent

front 80

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

back 80

Sixteenth

front 81

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

back 81

voir dire

front 82

The justice of the peace courts are authorized by

back 82

the Texas Constitution

front 83

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

back 83

four

front 84

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

back 84

their budgetary powers

front 85

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

back 85

petition for review

front 86

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

back 86

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

front 87

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

back 87

remedy

front 88

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

back 88

Missouri plan

front 89

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

back 89

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

front 90

The most costly service in Texas is

back 90

education

front 91

The principle of following precedents in deciding legal cases is

back 91

stare decisis

front 92

The procedure used to prove the validity of a will is

back 92

probated

front 93

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

back 93

unitary

front 94

The State Board of Education does all of the except

back 94

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

front 95

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

back 95

eight

front 96

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

back 96

eight

front 97

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

back 97

50th

front 98

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

back 98

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

front 99

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

back 99

logrolling

front 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?

back 100

Sixth Amendment

front 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

back 101

Trans-Texas Corridor.

front 102

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

back 102

non-payment of child support

front 103

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

back 103

6.25 percent

front 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.

back 104

Loser pays system

front 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?

back 105

No-fault insurance

front 106

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

back 106

Hidden taxes

front 107

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

back 107

Due process

front 108

What percentage of Americans pays no income taxes at all?

back 108

40 percent

front 109

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

back 109

Property Taxes

front 110

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

back 110

No bill

front 111

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

back 111

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

front 112

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

back 112

"runaway" grand juries

front 113

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

back 113

State legislature

front 114

Which case made the exclusionary rule applicable to the states?

back 114

Mapp v Ohio

front 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.

back 115

Kelo v. City of New London Connecticut

front 116

Which court case questioned the constitutionality of the death penalty?

back 116

Furman v. Georgia

front 117

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

back 117

Court of Criminal Appeals

front 118

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

back 118

Municipal

front 119

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

back 119

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}

front 120

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

back 120

The tax assessor-collector

front 121

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

back 121

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}

front 122

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

back 122

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.}

front 123

Which is not an example of a civil suit?

back 123

Arson

front 124

Which is not an example of a criminal case?

back 124

Breach-of-contract

front 125

Which is used as the barometer for the crime rate?

back 125

FBI index crimes

front 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?

back 126

Robin Hood Plan

front 127

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

back 127

Statutory law

front 128

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

back 128

Parole

front 129

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

back 129

Housing {Superhighways; Railways; Utility corridors}

front 130

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

back 130

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

front 131

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

back 131

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.}

front 132

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

back 132

Lower

front 133

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

back 133

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.}

front 134

Which of the following is an example of tax shifting?

back 134

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}

front 135

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

back 135

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

front 136

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

back 136

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}

front 137

Which of the following is incorrect?

back 137

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"

front 138

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

back 138

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

front 139

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

back 139

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}

front 140

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

back 140

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

front 141

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

back 141

Income tax

front 142

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

back 142

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

front 143

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

back 143

Recidivism

front 144

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

back 144

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.}

front 145

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

back 145

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}

front 146

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

back 146

Ad valorem

front 147

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

back 147

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.}

front 148

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

back 148

Far more men than women are arrested for crimes.

front 149

Which of the following statements about bail is incorrect?

back 149

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.}

front 150

Which of the following statements about colonia is incorrect?

back 150

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.}

front 151

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

back 151

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.}

front 152

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

back 152

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.}

front 153

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

back 153

Texas has executed far more individuals than any other state.

front 154

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

back 154

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.}

front 155

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

back 155

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.}

front 156

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

back 156

Narrowed based {General sales; Property; Income}

front 157

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

back 157

Creation of a budget for the state courts

front 158

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

back 158

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

front 159

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

back 159

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.}

front 160

Which statement is incorrect about the adversary system?

back 160

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.}

front 161

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

back 161

Ad Valorem

front 162

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

back 162

Sharon Keller

front 163

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

back 163

Single-member districts

front 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?

back 164

Dick Trabulisi

front 165

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

back 165

Attorney General

front 166

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

back 166

New York

front 167

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

back 167

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

front 168

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

back 168

Consolidation

front 169

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

back 169

Progressive Era.

front 170

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

back 170

5,000 residents.

front 171

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

back 171

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

front 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

back 172

term limits.

front 173

Elected county officials hire county employees using

back 173

the spoils system.

front 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

back 174

the state’s board of annexation laws.

front 175

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

back 175

?municipal {not special district; county; town}

front 176

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

back 176

referendum election.

front 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?

back 177

The city manager

front 178

Which statement about a commissioners court is incorrect?

back 178

? (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.}

front 179

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

back 179

road commissioners

front 180

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

back 180

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.}

front 181

The powers of the city manager come from

back 181

a city charter.

front 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

back 182

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.}

front 183

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

back 183

Crime control and prevention districts

front 184

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

back 184

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.}

front 185

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

back 185

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.}

front 186

Which statement about a commissioners court is incorrect?

back 186

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)

front 187

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

back 187

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

front 188

The unit road system does which of the following?

back 188

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

front 189

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

back 189

extraterritorial jurisdiction.

front 190

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

back 190

Commissions

front 191

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

back 191

Driving while intoxicated {Drug possession; Prostitution; Gambling}

front 192

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

back 192

writ of injunction.

front 193

A prisoner’s initial appearance before a magistrate is called

back 193

arraignment.

front 194

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

back 194

Both the U. S. Constitution and the Texas Constitution

front 195

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

back 195

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.}

front 196

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

back 196

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.}

front 197

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

back 197

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

front 198

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

back 198

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

front 199

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

back 199

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

front 200

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

back 200

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

front 201

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

back 201

being a registered voter.

front 202

Which of the following statements about legal briefs is incorrect?

back 202

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.}

front 203

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

back 203

Initiative

front 204

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

back 204

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

front 205

In a weak-mayor form of government, power is

back 205

decentralized.

front 206

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

back 206

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

front 207

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

back 207

Houston and Pasadena.

front 208

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

back 208

Cumulative

front 209

A criminal case does not involve

back 209

cases that deal primarily with individual or property rights.

front 210

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

back 210

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.}

front 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?

back 211

Constable

front 212

Which of the following statements about mandates is correct?

back 212

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

front 213

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

back 213

Parole {Reprieve; Pardon; Commutation of sentence}

front 214

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

back 214

fourteen

front 215

The legislature has passed laws involving all of the following except

back 215

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

front 216

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

back 216

common law.

front 217

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

back 217

Fourth Amendment

front 218

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

back 218

The commissioners’ courts

front 219

Declining marginal propensity to consume means

back 219

?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.}

front 220

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

back 220

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.}

front 221

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

back 221

positive view

front 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?

back 222

District clerk

front 223

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

back 223

Countywide appraisal authority

front 224

Which county official presides over the commissioners’ court?

back 224

The county judge

front 225

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

back 225

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.}

front 226

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

back 226

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.}

front 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

back 227

regulatory tax.

front 228

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

back 228

Alaska

front 229

Declining marginal propensity to consume means

back 229

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.)

front 230

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

back 230

456

front 231

Which of the following is not true about civil cases?

back 231

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.}