government 2
Bebisha
2306-Spring2019-PartIIITest.docxTexas Government 2306 – Spring 2019
TEST III – Chapters 6, 8, Death Penalty and the Insanity Defense
DIRECTIONS FOR ESSAYS: Please turn your Essays in on BlackBoard by 5:00 p.m. on Monday, May 13, 2019.
DIRECTIONS FOR MULTIPLE CHOICE: Please turn your Scantrons in to me by 10:00 a.m. on Monday, May 13, 2019. You may bring them to my office (A520) and I will be in my office from 8:00 – 10:00 a.m. on Monday, May 13, 2019. You may also put your Scantron in my faculty mailbox in the Academic Transfer Office (A442) before that time. PLEASE put your full name, Class, ID Number, and Section on your Scantron (if you do not you may not get credit).
I. ESSAYS (70 points)
Chapter 6 – The Texas Executive
1. Pick one position in the Texas Executive Branch and write me a one paragraph overview of that position. Then research the person in the position now and write me a paragraph about that person.
2. Does Texas have a weak governor or a strong governor? Fully explain your answer.
Chapter 8 – The Judicial System in Texas, the Death Penalty and the Insanity Defense
3. Should prisons exist for rehabilitation OR for punishment? Fully explain your answer.
4. You are a Untied States Supreme Court Justice. A case comes before the Court from Texas arguing the death penalty is unconstitutional under the Eighth Amendment of the United States Constitution. What is your opinion and why?
5. During our study of The Texas Seven and Randy Halprin you learned a defendant can be given the death penalty under the Law of Parties in Texas. Do you agree or disagree with the Law of Parties being applied in death penalty cases? Do you think Randy Halprin have been charged with capital murder? Fully explain your answer.
6. We did a case study over Andrea Yates to study the Insanity Defense. You are on the jury in Andrea Yates’ capital murder trial. Do you vote guilty, not guilty, or not guilty by reason of insanity? Fully explain your answer.
II. EXTRA CREDIT (5 points each) (You must use complete sentences for credit!)
Bonus 1 What part of this class did you enjoy the most / what should stay the same – AND - what part did you not enjoy / think I should change / what can I do differently to improve the student experience? (Thank you for your opinions – I take your opinions seriously and apply them to future classes!).
Bonus 2 What did you learn in this class that you will remember one year from today?
II. MULTIPLE CHOICE (30 points total)
Chapter 6 – The Texas Executive
1. Which of the following individuals are a part of the Texas Plural Executive?
A. The Texas Governor.
B. The Texas Lieutenant Governor.
C. The Texas Attorney General.
D. The Texas Secretary of State.
E. All of the above.
2. Who is the only Texas governor to be successfully impeached by the Texas Legislature?
A. Bill Connelly.
B. James “Pa”Ferguson.
C. Clayton Williams.
D. Preston Smith.
E. James Hogg.
3. If Texas wants to impeach Governor Greg Abbott and a majority of the members of the House of Representatives vote to bring impeachment charges and then the trial takes place in the Senate and a 2/3 majority of the Senators vote to convict Governor Abbott of impeachment, has he been impeached?
A. Yes.
B. No.
4. I am a woman, am 40 years old, am a United States citizen, and have lived in Texas since I was 2 years old. Am I qualified to be the Governor of Texas per the Texas Constitution?
A. Yes.
B. No.
5. Which of the following is NOT a power of the Texas Governor?
A. Grant a one-time reprieve to a criminal defendant on death row.
B. Use a line item veto to strike a specific spending provision from the budget.
C. Grant a pardon to a criminal defendant on death row.
D. Power to deploy the Texas National Guard in a time of disaster.
E. Call a special session of the Texas legislature.
6. If my husband is really behind on his child support payments, which Texas official should I go to for help in getting my child support payments?
A. The Texas Comptroller of Public Accounts.
B. The Texas Agricultural Commissioner.
C. The Texas Lieutenant Governor.
D. The Texas Attorney General.
E. The Texas Secretary of State.
7. If I am the custodian of the Texas state funds and I am responsible for making sure that Texas operates on a balanced budget, as required by the Texas Constitution, who am I?
A. The Texas Comptroller of Public Accounts.
B. The Texas Agricultural Commissioner.
C. The Texas Lieutenant Governor.
D. The Texas Attorney General.
E. The Texas Secretary of State.
8. If I am a military officer and the commanding officer of the Texas State Guard and work with the federal government in time of emergency to furnish Texas troops, who am I?
A. The Texas Comptroller of Public Accounts.
B. The Texas Agricultural Commissioner.
C. The Texas Lieutenant Governor.
D. The Texas Attorney General.
E. The Texas Adjutant General.
9. When there is an election in Texas, which individual serves as the chief election officer in the state?
A. The Texas Comptroller of Public Accounts.
B. The Texas Agricultural Commissioner.
C. The Texas Lieutenant Governor.
D. The Texas Attorney General.
E. The Texas Secretary of State.
10. If the President of the United States issues an Executive Order and the citizens of the State of Texas believe that order is unconstitutional, which individual will sue the President in federal court on behalf of the State of Texas and represent the State of Texas?
A. The Texas Comptroller of Public Accounts.
B. The Texas Agricultural Commissioner.
C. The Texas Lieutenant Governor.
D. The Texas Attorney General.
E. The Texas Secretary of State.
Chapter 8 – The Judicial System in Texas, the Death Penalty and the Insanity Defense
11. If I file a case against someone for slander and I am seeking money damages, what kind of case have I filed?
A. Civil.
B. Criminal.
C. Divorce
D. Probate.
E. Breach.
12. If I have sued someone for negligence and have to prove my case to the jury by a preponderance of the evidence, what kind of case have I filed?
A. Civil.
B. Criminal.
C. Divorce.
D. Probate.
E. Breach.
13. If the case against me has to be proven beyond a reasonable doubt what kind of case is it?
A. Civil.
B. Criminal.
C. Divorce
D. Probate.
E. Breach.
14. If someone in my family dies and I take the will to court, what kind of case do I have?
A. Civil.
B. Criminal.
C. Divorce
D. Probate.
E. Breach.
15. If I am a defendant and the State of Texas is the plaintiff, what kind of case do I have?
A. Civil.
B. Criminal.
C. Divorce
D. Probate.
E. Breach.
16. Which of the following is a true statement about the Texas Supreme Court?
A. There are 10 members and they are elected for life.
B. There are 9 members and they are elected for life.
C. It is the final court for all civil and juvenile matters in Texas.
D. It hears criminal cases.
E. There are 30 Texas Supreme Courts based all around Texas.
17. Which of the following are reasons that a Texas juror can be excused from jury service?
A. You are over the age of 70.
B. You have legal custody of a child or children under the age of 10.
C. You are enrolled in or attending a college, university, or other secondary school.
D. All of the Above.
E. None of the Above.
18. Which of the following are reasons why many civil litigants determine they do not want a jury trial?
A. Jury trials can cost a lot of money.
B. Juries can be unpredictable.
C. Settling the case can often mean your case is finalized sooner than in a jury trial.
D. Settling the case guarantees a known outcome.
E. All of the above.
19. Which method is used to settle a criminal case without going to trial?
A. Voir Dire.
B. Plea Bargain.
C. Grand Jury.
D. Mediation.
E. Habeus Corpus.
20. Which entity indicts someone for felony charges, but does not prove or decide guilt or innocence?
A. Jury trial.
B. Plea Bargain.
C. Nolo Contendere.
D. Bench trial.
E. Grand Jury.
21. Which court in Texas has the final appellate jurisdiction in Texas criminal cases?
A. Texas Supreme Court.
B. Texas Court of Criminal Appeals.
C. Texas Court of Appeals.
D. Texas District Courts.
E. Texas County Level Courts.
22. If I have a case valued at $5,000, I am representing myself, and I am in a court of equity and not a court of law, what court am I in?
A. The Texas Supreme Court.
B. The United States Supreme Court.
C. Texas Municipal Court.
D. Texas Small Claims Court.
E. Texas Criminal District Court.
23. What is the burden of proof in criminal court?
A. A preponderance of the evidence.
B. Beyond a reasonable doubt.
C. Bifurcation.
D. Beyond jurisdiction.
E. Mandamus.
24. What is the burden of proof in civil court?
A. A preponderance of the evidence.
B. Beyond a reasonable doubt.
C. Bifurcation.
D. Beyond jurisdiction.
E. Mandamus.
25. Judges in Texas are:
A. Elected by the voters in the State of Texas.
B. Appointed by the Governor.
C. Appointed by the President.
D. Appointed by the Texas Supreme Court.
E. I missed class that day!
26. Which of the following is true about the death penalty in Texas?
A. The trial is bifurcated.
B. Mitigating factors of the defendant’s life can be considered by the jury.
C. Death by lethal injection was ruled constitutional by the United States Supreme Court.
D. Execution of someone who has “mental retardation” has been held unconstitutional.
E. All of the above.
27. Which of the following crimes is eligible for the death penalty in Texas?
A. I rob the 7-11 and kidnap the clerk.
B. I rob the 7-11 and shoot the clerk and the clerk is in the hospital getting treated and in a lot of pain.
C. I am angry at the Judge who sentenced me in my criminal case so I shoot and kill him.
D. I am driving down the road and accidentally run over and kill someone.
E. I am drunk and run over and kill a police officer who is not in uniform and I do not know he is an officer.
28. Which of the following individuals CAN be sentenced to the death penalty in Texas?
A. A mentally challenged person who shot and killed a 7-11 clerk during a robbery.
B. A 15 year old person who shoots and kills a clerk at the 7-11 during a robbery.
C. A person that robs a 7-11 and shoots the clerk and the clerk lives.
D. A person convicted of rape.
E. A person who was part of a crime spree with his friend, his friend robbed the bank and killed the teller, and this person drove the get-a-way car.
29. What is the burden of proof in a death penalty case?
A. Preponderance of the evidence.
B. Mitigation of evidence.
C. Beyond a reasonable doubt.
D. Beyond a preponderance of doubt.
E. Bifurcated doubt.
30. Has death by lethal injection been found constitutional by the United States Supreme Court?
A. Yes.
B. No.
C. The United States Supreme Court has not ruled on this issue
D. The United States Supreme Court has ruled all forms of the death penalty are unconstitutional.
E. The United States Supreme Court does not hear these kinds of cases.
