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Govt 2 Test 3 MC
Test 3 MC
| Question | Answer |
|---|---|
| What is stare decisis and how does it work? | Precedent a judge on appeal has a large chance of being overruled, makes them look stupid |
| Describe the right of due process—what does it mean in terms of a person’s rights when dealing with a government official? | Procedural rights |
| Recently, have federal court appointments been more or less intensely partisan and full of ideological fights compared to the past? | More intensely partisan |
| Just what is common law in the US? | Judge made law |
| What is an amicus curiae brief and why do groups file them? | Friend of a court brief, pressure groups pass or file them |
| What is the difference in the arguments of those who support judicial activism as opposed to those who support judicial restraint? | Activist – Judges should make law and Restraint – Judges should wait for congress or S.C |
| What is the most frequent and best known action of Supreme Court justices in their role as circuit justices? | S.C. will say it is a legislative issue and not judicial |
| Which court in Texas has automatic jurisdiction over all death penalty cases? | Court of Criminal Appeals |
| is the most common route to a criminal conviction—is it a trial verdict? | Plea Bargin |
| How is the legal standard of guilt different in Texas in a civil versus a criminal trial-what do they have to prove to convict?Plea Bargin | Preponderance of evidence and beyond a reasonable doubt |
| What party do trial lawyers tend to support for judicial offices and why? | Democrats |
| Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Court of Criminal Appeals in Texas? | Businesses contribute to the TX Supreme Court |
| What is the major criticism of the method of judicial selection in Texas today—why do some support merit selection or appointment? | Too much party and money influence |
| What is it called when a person is appointed to a judgeship and then runs for retention (runs on their record)? | Merit Selection |
| Why does Texas have one of the most controversial death penalty systems in the US? Does the Texas Court of Criminal Appeals often overturn a death penalty sentence? | People allow court appointed attorney and get the death penalty |
| Describe the incarceration rate in Texas compared to other states? | The incarceration rate is high in TX |
| the late 80’s what direction has the Texas Supreme Court moved to regarding civil cases? | Toward business and against consumers |
| What are actual examples of substantive civil liberties? | Allow aid to religious schools as long as it does not go in favor to one religion |
| In terms of freedom of speech--what is speech plus and know examples? | More protections speech plus |
| What is the exclusionary rule and the Miranda warning? | Ability of courts to exclude evidence obtained in violation of the Fourth Amendment |
| Ability of courts to exclude evidence obtained in violation of the Fourth Amendment | Self incrimination |
| What is eminent domain and how does it work? | Government takes your house and give you fair market value |
| Does pornography come under the right to privacy? How about abortion, homosexuality and euthanasia? | No they are not under the right to privacy |
| What happened in Lawrence v Texas? | Sexual behavior was illegal |
| What happened in Plessy v Ferguson? | Plessy violated a Louisiana law that provided for equal but separate accommodations |
| How did the Civil Rights Act of 1964 expand the role of the executive branch and the courts by requiring federal grants-in-aid be withheld from what governments and when/why? | If they violated civil rights, the government wouldn’t give state’s money |
| Why were northern schools difficult to integrate-what form of segregation did they practice? | De facto segregation in the north |
| What methods were used to prevent African Americans from voting in the past? | Poll taxes, white crime area |
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