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Unit 2 tes
| Question | Answer |
|---|---|
| Discussion set | 3 |
| What is the first reason why judicial independence is "crucial to a commitment to the rule of law | To ensure that judges will treat each side in a way that is fair and impartial in either a criminal or civil court proceeding |
| In Federal Paper No. 10, what did James Madison argue would be the "great test by which the success of the U.S. Constitution would be judged?" | The success of the U.S. Constitution would be judged by whether it could provide a system of both majority rule and protection against majority tyranny |
| In Federalist Paper No. 78 what argument did Alexander Hamilton make given that the courts were "more protected from political pressures?" | the courts could play a key role in checking and balancing the popularly elected branches of government |
| Why does Korey say, "The need for accountability can be stated Simply?" | When courts interpret laws and constitutions they are involved in deciding what laws and constitutions actually mean in practice |
| discussion set | 1 |
| What action or actions may the governor take when a bill comes to his/her desk? | The governor may sign a bill, allow it to become law without a signature, or veto it |
| If the governor vetoes a bill, what must be done to keep it from dying? | it must be overridden by a 2/3rds vote of both the senate and the assembly |
| What is a second key advantage enjoyed by the governor | the item veto, this allows the governor to reduce or eliminate any item of the state budget bill or any other appropriations bill without having to veto the entire measure. this usually gives the final say on budget controversies |
| Why does Korey, "While the legislature's ability to change the budget is important, it is the governor who has the upper hand?" | The governor sets the agenda at the start of the process and holding the power of the item veto at the end. |
| discussion set | 2 |
| In order to function effectively, agency secretaries and department director must serve not only the interests of the governor, but also other, sometimes competing interests as well | They administer programs authorized and funded by the state legislature and implemented by career civil servants who have their own points of view and who often serve for several administrations |
| How long has the overall structure of state administration been in place? | for over 40 years |
| What was the title and year a proposition passed that increased the governor's power of reorganization? | Prop 1a, passed in 1966 |
| What step can be taken and by whom to prevent reorganization plans proposed by the governor form becoming law automatically | either house of legislature vetoes the change |
| christian park | is a fag |
| What terminology is used to describe elected executives, including the governor of CA? | plural executives |
| In CA how many elected executives are there | 12 |
| What is the maximum number of terms elected executives can serve | 2, four year terms |
| To whom does each elected executive directly answer to | the voters |
| Like CA's state legislators, in what year were elected executives subject to term limits | 1990 |
| Why does Korey say that governors probably gain more than they lose from adoption of term limits | they are now dealing with legislators who are less experienced and less well staffed |
| Who limits the CA governor's powers of appointment and removal? | the plural executive |
| How do most state employees gain office? | they are part of the civil service system |
| Why doesn't the governor have any control over the appointment or removal of most state employees | governor isn't powerful enough |
| what act created the federal civil service system in 1883 | Pendleton Act |
| When did CA adopt a civil service | 1913 |
| What key nominations or appointments to top-level political positions does the governor make? | in state agencies, to various boards and commissions, and to appellate courts |
| What elected executive or legislative leader sets the agenda for the annual battle over the state budget | the governor |
| What branch of government has the ability to make any changes it likes to the proposed budgets | the legislature |
| What reason or reasons does Korey specify for why much of the state budget is beyond the regular control of wither branch of government | constitutional and statutory restrictions |
| When does the Lieutenant governor become chief executive | when the office becomes vacant |
| What does the lieutenant governor also serve as | president of the state senate |
| when does the president of the senate vote | only in case of a tie |
| By provision of the state constitution, what are some additional official duties of the lieutenant governor | they serve on the Board of Regents of the University of CA and on various other boards and commission |
| T or F. the lieutenant governor is independent of the governor | T |
| T or F. the lieutenant governor is required to be of same party of the governor | F |
| T or F. citizens vote for the governor and the lieutenant governor as a team, one vote for both candidates grouped together on the ballot like candidates for president and vice president | F |
| In Ca, when does the lieutenant governor become acting governor | during the impeachment, absence from the state, or other temporary disability of the governor |
| What lieutenant governor did his best to discomfort Governor Jerry Brown during the latter's frequent trips out of state | Mike Curb |
| What is the states chief legal officer and heads the CA department of justice | attorney general |
| Aside from criminal matters, when do the [justice] department's attorneys provide legal representation? | In most civil matters in which the state is involved |
| Why does Korey say that the Department of Justice or office has a quasi-judicial role | state and local agencies can ask the attorney general for an advisory opinion in matters of legal interpretation. |
| T or F. An advisory opinion can be overruled in court | t |
| On What commission does the attorney general serve that must approve the governor's nominations to the state supreme court and district courts of appeals | Commission on judicial appointments |
| What is the most important job of the secretary of state | to serve as the state's chief elections officer |
| What is the job of the insurance commissioner | to oversee the insurance industry |
| What changes must be submitted to the insurance commissioner for approval | rate changes |
| What happened to the commissioner's office as part of a rewriting of the states insurance laws that the voters approved in 1988 | the office was made elected |
| How is the race for superintendent of public instruction unlike the contests for other elected executive | its non-partisan |
| Who heads the department of education | superintendent |
| Who sets policy | board of education |
| What is the source of the treasurer's clout | the treasurers influence over how state and pension fund money is directed |
| before state can pay its bills what elected executive must ascertain that the expenditures are proper and that there is money in the state treasury to cover the payments | the controller |
| How were many state employees, vendors, and others owed money by the state paid by controller gray davis throughout most of the summer | they were paid in scrip |
| scrip | any various documents used as evidence that the holder or bearer is entitled to receive something; paper currency or a token issued for temporary use in an emergency |
| How many counties does CA have | 58 |
| What are CA's trial courts called | superior courts |
| Where are the CA trail courts located | One in each county |
| What has jurisdiction over felony cases and all general civil disputes | superior courts |
| In a case of criminal law who is the dispute between | the accused and the government acting on behalf on behalf of the people as a whole |
| In a suit involving civil law who is the dispute between | between two parties |
| probate | the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine |
| What initial determination must be made due to the seriousness of felony cases | sufficient evidence exists to warrant a trial |
| What is the principal function of a grand jury | to serve as a local government watchdog |
| Why have some counties appointed a grand jury | to deal specially with criminal cases |
| In what way or ways are grand jury proceedings conducted differently from trials | The grand jury meets in closed session and hears only such evidence as the prosecuting attorney chooses to present. The defendant is not allowed to be present or to cross-examine witnesses |
| What happens if the grand jury is convinced that there is sufficient evidence to try a case, and how is the defendant affected | it issues an indictment, and the defendant is bound over for trial |
| What is far more common that a grand jury proceeding | a pretrial hearing |
| In a pretrial hearing, who decides whether there is sufficient evidence to warrant a trail | a judge |
| in criminal cases what office represents the people | the county district attorney |
| who represents defendants charged with felonies or misdemeanors who can't afford to hire a lawyer | public defenders |
| What idea or idea is the jury system based on | the common person is as qualified as anyone else to decide questions of fact and that people who are accused of a crime or involved in a civil dispute are entitled to be judged by their peers |
| What is the job of the judge and what does he/she decide | interpretation of the law is the job, who decides on the admissibility of evidence and other procedural matters and issues instructions interpreting the law for the jury |
| what is the jury's task | to determine questions of fact based on the evidence presented |
| in a criminal case what standard must be met to prove guilt | beyond reasonable doubt and the verdict must be unanimous |
| how many jurors must agree on a criminal case | all 12 |
| in a civil case what standard must be met to prove guilt | preponderance of evidence |
| how many jurors must agree | 3/4 |
| in a mistrial what does the prosecutor do | they decide whether or not to re-do the case |
| how many courts of appeal are counties grouped into it | 6 |
| what do the courts of appeal hear | appellate cases, except for those involving a death sentence, as well as relatively minor cases handled by the appellate division of the superior court |
| how do cases in courts of appeal begin | lawyers for each side submit written briefs and other interested parties may submit amicus curiae briefs with the courts permission |
| what happens after briefs have been submitted to a court of appeal | the case is assigned to a panel of three justices for hearing |
| What reason or reasons are given for why a hearing before an appellate court panel is very different from a trial | it isnt held to settle a fact, no testimony from witnesses, and no jury involved, rules if a law violates a constitution |
| What will the courts of appeal more commonly decide | whether the law has been interpreted and applied correctly by the trial court and whether proper procedures have been followed |
| How is a decision rendered by the justices of a courts of appeal | majority vote |
| what happens if justices of the courts reverse a trial courts decision | it will normally send the case back to the trial court for reconsideration |
| What is CA's highest court called | supreme court |
| what review is CA's highest court required to make | appeal in all cases that require the death penalty |
| What kind of cases does the supreme court generally choose to take on | cases that raise crucial points of law or those that have produced contradicting rulings form the different district courts of appeal |
| What % of the petitions it received were accepted for review by the CA supreme court in 05-06 | 3 |
| How many justices serve on the supreme court | 7 |
| Local governments in CA divide into what five categories | counties, cities, special districts, school districts, and miscellaneous |
| What abilities do police powers have | the ability to make and enforce regulations |
| What abilities do corporate powers have | the ability to raise revenue and to provide service |
| board of supervisors | the 5-member elected governing body for every county |
| What are the largest portions of county expenditures in CA | public assistance to needy families and individuals, for health and hospitals, and for public safety |
| As with cities, how may counties choose to operate | under to state's general law for counties, or they may adopt their own charters |
| How many charter counties are in CA | 12 |
| In addition to the board of supervisors, what public officials are elected by voters in each county | sheriff, district attorney, and the assessor |
| about what percent of CA live in unincorporated ares | 17 |
| Why do all counties contain at least some unincorporated areas except San Fran | the city is the county |
| How many incorporated cities are in CA | 478 |
| What are the primary responsibilities of city governments | public safety, public utilities, transportation, health, community development, and culture leisure |
| how many charter cities are in CA | 110 |
| How many charter cities be amended | initiative or referendum |
| what are the governing cities called | city councils |
| how many members do most city councils have | 5 |
| What is the title of individuals who are hired to administer city staff and services | professional city managers |
| What is a strong mayor system | the mayor is not a member of the council but has veto power over its decisions |
| How many special districts are in CA | 4750 |
| Why are special districts created | to provide a service for a small area within a city or county, or they may cover an entire region |
| What are joint exercise of powers districts and how are they set up | districts set up by two or more general-purpose governments to deal with problems |
| About what % of special districts are governed by independent boards | 60 |
| aside from joint exercise of powers districts and districts governed by independent boards, what is the governing board of special districts | county board of supervisors |
| Why are the governing bodies of some independent districts, such as special tax assessment districts unique | they are elected by landowners, rather than by all registered voters |
| What did a report by the little Hoover commission find regarding special districts | special districts often operate in relative obscurity, hidden from the scrutiny of the public they were created to serve and that much of the public may not even realize that they are indeed governments |
| In the 16 year period ending in 06, how much has the total decreased by | 9% |
| About how many school districts including elementary, high school, are in CA | 1000 |
| About what percent of CA's public school children were classified as limited English proficient (LEP) by the 1996-1997 school year | 25 |
| What did the English Language in Public Schools statue initiative passed by voters in June 1998 do | it transfered LEP students into regular classes after a year of sheltered english immersion |
| What is the composition of the board of equalization | four members selected from districts drawn up by the legislature after each census |
| What responsibility is entrusted to the Board of Equalization | collecting various taxes |
| how is the boards name derived | from its role in overseeing the work of country assessors to ensure that assessment practices are equal |
| If the state government receives very little of its revenue from property taxes, then why is the board of equalization's responsibility significant | a # of federal and state programs include assessed property values in the formulas for dispersing funds to localities |
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