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Judges of the State Supreme Court and Court of Appeals serve a six year term while judges of the Superior Court, Probate Court, and State Court serve four year terms

1. The two major ways that judges are selected are popular elections and appointment. The electorate chooses the judge in a popular election while the executive or legislative branch decides the matter in appointment. Popular elections allow for accountability to the people but also require the judge to be a political candidate which can erode trust in the judiciary due to campaign financing. Appointment can produce distrust in the judicial system due to the potential for loyalty to a particular party or person who is instrumental in the appointment.

The state of Georgia elects judges based on a nonpartisan election and does not utilize retention elections. Judges of the State Supreme Court and Court of Appeals serve a six year term while judges of the Superior Court, Probate Court, and State Court serve four year terms. It has been my experience that the local judiciary elections are most contentious and partisan with large fundraising efforts that easily show the electorate the party the candidate is affiliated with. I am ashamed to admit that I couldn’t name a single member of the Supreme Court or Court of Appeals for the state of Georgia and I have lived here my entire life. I do believe this system works with the opportunity to elect judges and hold them accountable to the job.  

(Please respond with 200 words or more)

2. Having lived in the south for most of my life, but having worked for an electric company based out of New England for the past three years, and having in Iowa for two years a decade ago, I feel that I have gathered a feel for the catch 22 in the major variables in local government structures.In South Carolina, there are many large areas with no city or township incorporation, thus, even in high population density areas, much of South Carolina leans on the County governments as the primary local government agency. While the cities have a fair amount of automy, they often border on redundancy. For instance, in Aiken County, where I live, there are ten municipal governments within it. However, only North Augusta’s Public Saftey takes responsibility for police patrol. All other city police departments only suppliment the Aiken County Sheriff’s Department’s patrol division.My biggest grievance with this structure is that the uniformity often comes at the price of property taxes that do not render their worth to the tax payer.In New England, the exact opposite happens. Their elimination or minimization of county goverments is modeled after the townships in the United Kingdom. In both cases, the benefit of minimizing the local tax burden subsequently adds the burden to the state. This is not entirely negative; every one of these states have a more developed state police force, as well as other state level services that many southern states are prone to delegating to the counties. Midwestern state seem to strike a balance with these two polar opposites. The municipal goverments are developed comprehensively to meet the needs of the community, while county governments never fully abandon the responsibilities of supporting the larger geographic area. The further west you move, the more intensive both get, and once you get to the west coast, you have the outlandishly high cost of living because of egregiously redundant government facilities on the state, county, and city levels.  (Please respond with 200 words or more)

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A Comparison of the Persuasive Effects of Mild Humor and Mild Fear Appeals

An experiment is described in which mild humor and mild fear-arousing appeals are studied for two “new” products. Effects are compared for the humor, the fear, and a straightforward information message. Results on the humor appeals are similar to those of many other studies; they were not different than the straightforward information treatment. However, fear appeals had negative effects, which conflicts with some previous results and suggests that advertisers should be cautious about using fear appeals.


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Texas has an unusual appeals process for judicial cases.

Texas Judiciary Assignment

Texas has an unusual appeals process for judicial cases. District courts, where trials on matters of fact are held, are separated into different types according to the kind of cases they hear. You may notice when you vote in county elections, there are civil courts, criminal courts, probate courts, family courts, etc.

All these cases are appealed to a court that has jurisdiction in all of those areas. The First and Fourteenth Courts of Appeals, which meet in Houston, hear all kinds of criminal and civil cases.

After that, however, the process splits again. Criminal cases go to the Texas Court of Criminal Appeals. Civil cases go to the Texas Supreme Court.

Go the the Texas Supreme Court website: http://www.txcourts.gov/supreme/ (Links to an external site.)

Use the “case search” feature to find a case called “Mosley v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services (17-0345),” decided on May 3, 2019.

In this case, a state agency investigated a nurse, Patricia Mosley, for allegedly neglecting a disabled patient, and recommended she be added to the department’s “Employee Misconduct Registry,” a blacklist that would have effectively ended her career. She requested an appeal of the department’s decision, following  the process the agency told her to follow in a letter it sent her. As it turned out, however, the department’s letter gave her the wrong procedure to follow, and – following the department’s instructions – she didn’t file the required motion for rehearing and her appeal was dismissed. The state’s position was, basically, that she should have known better than to follow the department’s own instructions.

The question before the Texas Supreme Court: Did the government’s actions violate Mosley’s right to “due course of the law of the land” under the Texas Constitution?

Write a 2 – 5 page essay explaining the facts of the case and how the court ruled. What did Justice Brown say about the court’s reasoning in his majority opinion? What is a concurring opinion, and what did Justice Blacklock say in his? [Note: How cool is it that the Supreme Court cited the movie Animal House as a scholarly source of judicial reasoning (“Come on, Flounder. You can’t spend your whole life worrying about
your mistakes. You [messed] up. You trusted us.”)?]

Submit in Word. Cite your sources.

Other Resources

Forbes Magazine take a look at the case: https://www.forbes.com/sites/nicksibilla/2019/05/21/texas-supreme-court-government-deception-violated-nurses-right-to-due-process/#3ed972ea7957 (Links to an external site.)

Texas Appellate Watch has a summary: https://www.texasappellatewatch.com/2019/05/texas-supreme-court-opinions-may-3-2019.html (Links to an external site.)

The Institute for Justice has a summary: https://ij.org/press-release/texas-supreme-court-rules-that-the-government-cannot-lie-to-you-and-then-hold-it-against-you-in-court/ (Links to an external site.)

Legendary Houston law firm Baker Botts handled the case for the petitioner: https://www.bakerbotts.com/news/2019/05/baker-botts-wins-due-course-of-law-case-at-the-supreme-court-of-texas (Links to an external site.)

Note on state court websites

The Texas Supreme Court seems to take its website down for maintenance a lot, usually around time time you’re supposed to be working on my Texas courts assignment. If the website is down, there are some alternative ways to get the information you need.

Here’s another way to get to the majority opinion: https://law.justia.com/cases/texas/supreme-court/2019/17-0345.html (Links to an external site.)

Here’s another way to get to the concurring opinion: https://law.justia.com/cases/texas/supreme-court/2019/17-0345-0.html