wyo gov 3

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  1. T/F—Appeal may be made in any criminal case.
    T
  2. T/F—Appeal may be made in any civil case
    F.  But usually you can.
  3. On what grounds made an appeal be authored, and on what grounds may it not be?
    Applicants for court appeal must show somehow that the laws governing the case were misinterpreted/misapplied by the judge.  Appeal may not be made simply because the convicted believes with the judge or jury misinterpreted the facts of the case.
  4. T/F—One may file an appeal any time after the close of the case.
    F.  There are certain time limits.  One exception is death penalty cases.  Appeal may be filed at any time.
  5. What is an appellant and appellee?
    An appellant is the party filing the appeal.  The appellee is the other party involved in the case.
  6. What is a docketing statement?
    A statement in an appeal describing the reasons for the appeal.
  7. Is the sentence/judgment on the convicted enforced if appeal has been made on the part of the convicted.
    Not usually.  Judgment/sentence is usually stayed (delayed).
  8. Describe the general proceedings of a court appeal.
    Each party presents a brief of the proceedings of the trial begun by the appellant.  Then the appellant may present a reply brief to rebut the points made in the appellee’s brief.  Then appellee may also present a reply brief and so on.  After this, the appellate court may choose to schedule an oral argument session where the justices of the appellate may question both attorneys on facts of the trial that may be unclear.  After the justices have asked all desired questions, they adjourn to a conference room, debate on the issue, then cast their votes.  Then the justices write the court opinion and decision is made on the appeal
  9. Must the appellate court conduct an oral argument?
    No.  In fact, 50-60% of appeals are done without one
  10. What is the process of writing an opinion?
    The chief justice selects one justice of the majority decision to write the court opinion.  It is then reviewed by the rest of the justices and may be revised.  Justices opposing the majority decision may write a dissenting opinion and justices of the majority may write their own concurring opinion
  11. What decisions may the appellate court choose to make?
    They may choose to affirm the trials decision, reverse it, or remand it—meaning send it back to trial.
  12. Must all five justices be present in a court appeal?  If no, then what is done if one cannot attend?
    No.  If any justice cannot attend, the chief justice assigns a retired justice or district judge to substitute
  13. Who are the plaintiff and defendant in a court appeal?  Why?
    The prosecuting attorney and defending attorney of the original case because it is the legal interpretations/applications of the case that are in question—not the facts of the case.  Essentially, it is a case against the court—not the defendant
  14. What are some differences between a trial and an appeal?
    No testimonies or witnesses are involved because, once again, the legal interpretations/applications of the judge/jury on the case are in question.  For the same reason, there is no jury because this is not a case of determining guilt of a certain party but rather the judicial validity of the case.  For the same reason also, this is a case between the prosecuting and defending attorneys.  The original plaintiff and defendant need not even show up
  15. Where may a record be obtained of the Supreme Court’s decisions?
    The Wyoming Reporter
  16. May an appeal be filed against an appeal?
    Yes, but it rarely happens.  The Supreme Court would have to make a decision to rehear its appeal or the convicted would have to persuade the U. S. Supreme Court to hear the appeal, which is highly unlikely—not to mention, an appeal to the U. S. Supreme Court may only be filed when federal laws concerning the case are in question.
  17. How long does the appeals process take in Wyoming?
    Normally a year or more for more serious cases
  18. How many female judges are there in Wyoming’s courts?
    18
  19. Where do most of these judges serve?
    At the municipal level.
  20. Who was the first and only female justice selected to serve on the Supreme Court?  In what year was she selected?
    Marilyn Kite.  2000
  21. How many members of the Wyoming judiciary are of racial or ethnic minority?
    Zero.  And the percentage of that group in the legal profession is very small
  22. Are the judges/justices in Wyoming’s district courts and Supreme Court relatively old and experienced or young and inexperienced?
    Young and inexperienced
  23. Where have most judges/justices in Wyoming’s circuit, district, and Supreme courts received their law degrees?
    University of Wyoming—College of Law
  24. What are the three types of general-purpose local government in Wyoming?
    County, municipality, and township government.
  25. What are the two types of special-purpose local government in Wyoming?
    School districts and special purpose districts
  26. Why are local governments called “creatures of the state?”
    Because the state determines what powers they will have.  This was determined by Iowa Supreme Court Judge John Dillon in what was popularly known as Dillon’s Rule.  The ruling has since been adopted nationwide
  27. What are some negative aspects of having local governments as well as the state government?
    Oftentimes, boundaries for various governmental districts are drawn to gain political advantage in some area causing people to be in all sorts of different districts for different things, which can be confusing.  Also, local governments can be manipulated to serve the needs of local elites
  28. What are some positive aspects of having local governments as well as the state government?
    Specific needs for specific people are better served.  Law, regulations, organizations, and other political action may positively affect some people in the state and, at the same time, negatively affect others.  Local governments provide a way of breaking down political action into more specified groups
  29. What are two major ways that local governments are financed?
    Taxes of all varieties and intergovernmental transfers (i.e. grants from the state government, mineral royalties paid by other governments on land owned by the local government, etc.)
  30. What are the three types of properties that can be taxed?
    Real properties (i.e. land, buildings, etc.), tangible properties (i.e. cars, boats, and other properties that can be moved), and intangible properties (i.e. stocks, bonds, etc.)
  31. What types of property cannot be taxed by the local government?
    Only property which is specifically exempt from taxation by the U.S. Constitution or by state law.
  32. Property taxes are ad valorem taxes.  What does that mean?
    Ad valorem means the amount of money taxed on a property is proportional to its value
  33. What are the three tiers of ad valorem taxes?
    Tier I:  Minerals—assessed at full market value.  Tier II:  Industrial property—11.5% of its fair market value.  Tier III:  Home and commercial property (including agricultural)—9.5% of fair market value.
  34. What is the value of a mill levy?
    A tenth of a cent—or .1%.  (I don’t really know what a mill levy is, though.  The book wasn’t really clear.)
  35. Who sets maximum mill levies for local government?
    The state legislature
  36. What level of local government collects property taxes and what is then done with the money collected?
    County government.  The money is then distributed to other forms of government as required by state law
  37. What is the value of the state sales tax?
    4%
  38. Which level of local government may also impose additional sales taxes?  For what purposes may they tax, and how much?
    County.  For general operations and facilities construction.  An additional 1% each for both purposes
  39. What are other names for these special, county-imposed taxes?
    The general operations sales tax is known as the fifth penny and the facilities construction tax is known as the sixth penny
  40. How are these extra sales taxes enacted?
    Most commonly, the fifth penny is enacted by a majority vote of the citizens in the county, but the county commissioners may also put it into effect.  The sixth penny must be approved by a majority vote among the county’s citizens.  The tax is only imposed during the construction of the facility being funded by it.  Once construction is done, the tax is dropped.
  41. What is a lodging tax?  Which level of government is entitled to the right of exercising a lodging tax?  What are lodging taxes most commonly used for?
    A lodging tax is a tax imposed on goods or services relating to the tourist industry.  Municipal government.  Advertisement of the local tourist industry.
  42. What is an excise tax?  Describe the two types of excise taxes
    An excise tax is a tax on the sale of a particular commodity.  There are two types of excise taxes.  A sumptuary excise tax, or sin tax, is an excise tax used to discourage consumers from buying a particular commodity that has been deemed unhealthy or unsafe for the consumer and the society in general.  A benefits-based tax is an excise tax placed on a certain commodity to help fund a government endeavor which will benefit consumers of that particular commodity.  For example, a government may place an excise tax on gasoline and use the collected money to build and maintain roads and thereby benefit those drivers buying gasoline with better roads.
  43. What is a severance tax?
    A severance tax is a tax imposed upon natural resources when they are extracted or severed from the earth.
  44. What is the Permanent Wyoming Mineral Trust Fund?
    It is a governmental trust funded by the severance tax.  It is used to provide loans to local governments.
  45. What are some other ways local government is funded?
    Charge for licenses (i.e. business licenses, liquor licenses, automobile licenses, etc.), fees for government-provided services (i.e. sewer, garbage, landfills, etc.), and money given by the federal government
  46. Describe some of the various ways local governments may receive money from the federal government.
    Categorical grants are competitive grants which are issued by the federal government to local governments to fund specific projects or programs.  Block grants are grants issued for more general purposes.  County governments may receive grants from the federal government through the Payment in Lieu of Taxes (PILT) program which is money given as compensation to counties where land within the county is owned by the federal government yet for which the federal pays no taxes to the county for ownership.  Lastly, county governments may receive mineral royalty payments for minerals being extracted by the federal government on county-owned lands
  47. Why are block grants more desirable than categorical grants?
    They allow you to have more choice in how you will spend your money because they’re not so specific in purpose.
  48. How many counties are in Wyoming?
    23
  49. Who governs counties?
    A board of commissioners
  50. T/F—County boards of commissioners have legislative and executive powers.
    T
  51. How many commissioners compose a county board?  How long are their terms?  Are commissioners elected or appointed?
    3 or 5 part-time or full-time commissioners.  4 years.  Elected
  52. What is the county assessor?
    Elected county official who is responsible for maintaining records on the ownership and value of property in the county
  53. What is the county attorney?
    Elected county official who represents the county in court and also acts as prosecutor for the state for felonies and misdemeanors committed in the county.
  54. What is the county clerk?
  55. Elected county official who is responsible for keeping the county seal and various records and papers for the county.  Also supervises election, keeps track of voter records, and registers voters.  Keeps record of all licenses issued.
  56. What is the county clerk of court?
    Elected county official who keeps records dealing with child support, civil, criminal, juvenile, workers compensation, and probate matters
  57. What is the county coroner?
    Elected county official who is responsible for investigation of mysterious and/or violent deaths in the county.
  58. What is the county sheriff?
    Elected county official who is responsible for various law enforcement duties and for the collection of fines and fees
  59. What is the county treasurer?
    Elected county official responsible for tax collection and issuance of automobile license plates
  60. What are county judges?
    County official appointed by process of the Missouri Plan who is the judge over the county’s circuit court
  61. Why does the board of county commissioners have so much power in the county government?
    Because they are in charge of most of the budgets of all the various county government agencies
  62. What are some functions of county government?
    They are, first, agents of state government.  (They also are responsible for auto licensing, the keeping of official documents (i.e. property deeds, wills, etc.), determining property values, collecting taxes, and handling various aspects of law enforcement.)  However, counties provide a lot of local services such as road construction, providing land-use planning, and operating libraries and hospitals
  63. What is the debt limit placed on counties by the state constitution?
    2% of the county’s assessed property value
  64. What are the two types of subcounty government?
    Municipal and township
  65. How many municipalities and townships exist in the state of Wyoming?
    97 and 0 respectively
  66. What is home rule?
    The power that electors in cities and towns have to run their local government as they like it
  67. What is a charter ordinance?
    Local law that may be passed that exempts that municipality from obeying a state law that does not apply to them
  68. T/F—Municipalities may, through the use of charter ordinances, exempt themselves from any state law or statute.
    F—Municipalities may exempt themselves from any state law or statute except those regarding the limit to which municipalities may go into debt
  69. As defined by state law, what are the two kinds of municipalities? What is the difference between the two?  How many first-class cities are in the state?
    First-class cities and towns.  First-class cities have more than 4,000 population; towns have less.  17
  70. What are the consequences of being a first-class city or town?
    There are differences in the size of the governing bodies of each, the terms of the various governmental officials in each, and the duties and responsibilities of each.
  71. What are the four types of municipal government?
    Mayor-council, council-manager, commission, and administrator systems
  72. T/F—State law makes provision for all four types of municipal government.
    F—All are provided for except administrator systems, which is enacted through charter ordinance
  73. What is the most prevalent system of municipal government used in the state?
    The mayor-council system
  74. How long are mayoral terms for first-class cities and towns?
    4 years and two years respectively.
  75. T/F—In the mayor-council system, the mayor is the only official holding executive powers.
    T
  76. What legislative powers does the mayor hold in the mayor-council system?
    He/she presides over meeting of the municipality’s governing body, casts votes on propositions before the governing body, presents information and recommendations on financial issues in first-class cities, and holds the veto power.
  77. Can a mayor’s veto be overridden?
    Yes, by a two-thirds vote from the municipal council
  78. What is the council-manager system of government?
    Electors in a municipality select a group of officials to serve on the municipal council for staggered, four-year terms.  The council then selects a city manager who serves a two-year term
  79. What is the size of the council in this form of government?
    Municipalities with a population of less than 4,000 have 3 councilors; municipalities with a population of 4,000 to 20,000 have 7, and municipalities with a population greater than 20,000 have 9.
  80. Who holds more power in the system:  the city manager or the council?
    The council.  The city manager simply acts as an agent of the council by representing the municipality as the head of the government in various ceremonial and legal proceedings
  81. What are the responsibilities of the city manager?
    Carry-out of policy created by the council, appointment of all non-elected municipal officials, selecting and removing all subordinates, setting their salaries, and outlining their responsibilities
  82. How many municipalities in Wyoming currently use the commission system of government?
    0
  83. Describe the city administrator system of municipal government.
    In this system, voters in a municipality elect a council and a mayor.  The mayor then selects a city administrator who is approved by the council.  The city administrator is responsible for managing the day-to-day affairs of the municipality.  His duties are not unlike the city manager’s duties in the council-manager system
  84. What are special district governments?
    Independent, special-purpose governmental units that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments.”  Basically, government institutions that serve a very specific purpose and are quite independent from general purpose government
  85. T/F—Special district governments account for a large part of total created government in Wyoming.
    T—They make up the largest portion of government entities in Wyoming and the U. S.
  86. What types of responsibilities do special district governments generally perform?
    Developing and maintaining facilities (i.e. bridges, airports, parks, etc.), providing specific services (i.e. waste collection, weed control, etc.), and engaging in regulatory activities (i.e. flood control, soil and water conservation, etc.).
  87. What are some benefits of special district governments?
    Oftentimes, the money required to perform a certain service can be shifted from all taxpayers in general and placed upon only those who will benefit from the service.  Special district governments can often be authorized to extend across boundaries of municipalities/counties/other special district governments to perform and manage a certain function.  Other forms of local government usually don’t have that privilege
  88. How are interboundary governmental projects authorized in the state?
    By the Joint Powers Board
  89. How are special district governments created?
    Most of the time, it is by a petition brought before the local government (usually the county commissioners or county court) by a person or group of people advocating for the creation of a particular special district government.  The government that is petitioned assesses the need for the special district government.  If it is decided that it is needed, it may be put to the affected populace for a vote, or it can be created by county court order or resolution of the county commissioners
  90. May special district governments levy taxes to fund their purposes?
    Yes
  91. What are some cons to special district governments?
    They are often sporadically created and fizzled out, so it’s hard to keep track of them.  Also, because there’s so many, voters are often confused or unaware of the purposes of the many special district governments and how their agendas will affect them.  This, in turn, causes very low voter participation in the various issues surrounding special district governments.
  92. T/F—Regulation of education is a responsibility delegated to the states by the U. S. Constitution.
    T—It is guaranteed by the 10th Amendment, to be precise
  93. How many school districts are in Wyoming?
    48
  94. By whom is a school district governed?  How do these officials take office?
    By a board of trustees of 5-9 members elected by voters in the district.  The board also has various chairs and offices.  These offices are given, once again, by election from the members of the board by voters within the district
  95. How long are terms of members on a board of trustees?
    Four years
  96. T/F—Once the board has been organized and various members have been elected to fill certain positions on the board, this may never be changed until the next school board election.
    F—Members of the board are elected every four years, but every year the offices on the school board, are put up for election again, so voters may not choose new board members, but they may shuffle the positions that each holds on the board.
  97. What are some things that a school board does?
    They oversee the district’s curriculum, they appoint the superintendent, and they have control over the district’s budget
  98. What are the two Indian tribes that reside on the Wind River Reservation?
    The Eastern Shoshone and the Northern Arapahoe
  99. T/F—Tribal governments function in basically the same way local governments do.
    F—Tribal governments are not treated as local governments but are dealt with in much the same way as the government would deal with a self-governing foreign nation
  100. What is the Marshall Trilogy?
    A trio of U. S. Supreme Court cases in which Chief Justice John Marshall ruled that Indian tribes should be self-governing entities independent of state government interference but subject to federal control.
  101. What is the BIA?
    The Bureau of Indian Affairs.  It is a federal governmental agency created by Secretary of War John C. Calhoun that is in charge of monitoring relations between Indian tribes and the federal government
  102. Why did Indian reservations first begin to be created by the federal government in the 1850s?
    To avoid conflict between Indians and white settlers and also to help tribes begin to “regenerate” Indian tribes
  103. T/F—Since the 1850s, the federal government’s attitude and actions toward Indian tribes have remained essentially the same.
    F—Attitude and policy has changed a number of times.  In the 1870s, Americans began to believe it would be better to assimilate Indians into American society and culture and moves toward that end were characterized in various political actions.  However, that attitude began to wane in the 1930s and counteractive legislation was put into effect to strengthen tribal autonomy
  104. What happened in the Ex Parte Crow Dog court case?
    This was a U. S. Supreme Court case in which the authority to punish Indians for crimes committed between peoples of the reservations was put in question.  It involved the murder of an Indian committed by another Indian who were both members of the same reservation.  It was decided that the government had no right to interfere in Indian tribal matters.  The case took place in 1883.
  105. What was the MCA?
    It was the Major Crimes Act passed by Congress in 1885 in response to the Ex Parte Crow Dog.  It basically nullified the decision made in the case, making crime absolutely illegal in the U. S.—no matter who committed the crime or where the crime took place
  106. What was the Dawes Act?
  107. It was legislation passed by Congress in 1887 giving Indian tribes the right to allot parcels of land on reservations to individual Indians and also the right to sell parcels of land on reservations to non-Indians.  If individual Indians occupied any land for at least 25 years, they would then be given title to that land.  Also, Indians who accepted allotments of land were made U. S. citizens.
  108. What were the effects of the Dawes Act on Indians and tribal life?
  109. Reservation land decreased because of the incentive to sell this land for money to non-Indians.  Indians began to be more assimilated into U. S. culture through the practice of land ownership and the granting of citizenship.  In general, individual Indian rights began to be emphasized over tribal rights.
  110. What was the ICA?
    The Indian Citizenship Act.  It was legislation passed by Congress in 1924, which made all Native Americans U. S. citizens.
  111. What was the IRA?
  112. The Indian Reorganization Act.  It was legislation passed by Congress in 1934.  It aimed at strengthening tribal sovereignty by stopping the allotment process and thereby conserving tribal lands, lessening the influence of the BIA over tribal matters and allowing tribes to develop their own, written constitutions thereby strengthening their image of independence from the U. S. government.  In order for these goals to be brought to pass, Indians on the Wind River Reservation had to approve it by voting on it.
  113. T/F—Indians on the Wind River Reservation approved the IRA
    F—The Shoshone approved it only by one vote, and the Arapaho voted overwhelmingly against it.
  114. What was the ICC?
    Indian Claims Commission.  It was a committee formed by the U. S. government in 1946 which provided Native Americans with a mechanism to sue the U. S. government over land which was thought to be wrongfully taken from them.
  115. What was the ICRA?
    Indian Civil Rights Act.  It was legislation passed by Congress in 1968.  It was a sort of addendum to the famous Civil Rights Act.  This law extended individual rights named in the Bill of Rights to all Indians—even in matters of the tribe.  This began to shift the momentum away from previous pro-tribal sovereignty legislation.
  116. What are the various governing councils on the Wind River Reservation and who is included in their membership?
    There is a general council for each tribe which is composed of all tribal members over the age of 18.  There are two Business Councils (one from each tribe) which are composed of 6 tribal members each, and there is the Joint Business Council composed of the members of both the tribal Business Councils.  (The Joint Business Council convenes for matters affecting both tribes.)  Lastly, there is the Bureau of Indian Affairs.
  117. What are the functions of the tribal Business Councils?
    They prepare tribal budgets and administer tribal affairs.
  118. What are the functions of the Joint Business Council?
    They are in charge of the reservation budget and land and resource management; they oversee environmental quality, health, education, and welfare.
  119. How is the state of Wyoming involved in affairs on the Wind River Reservation?
    We provide education and many social services for members of the Wind River Reservation.
  120. How do members of the tribal Business Councils attain that office?  How long do members remain in that position?
    By election of members of the associated tribe.  They serve two-year terms.
  121. How are the tribal and Joint Business Councils organized?
    Tribal business councils select a chairperson from among its members.  They hold regular meetings, and both tribal councils regularly meet together as the Joint Business Council.  The chairperson of the Joint Business Council is one of the chairpersons from the tribal Business Councils, alternately.  Members of the JBC also serve on at least one subcommittee dealing with a particular issue of the reservation and each member may recommend political actions to the entire Council.
  122. T/F—The Business Councils can enact any sort of legislation that they wish.
  123. F—They are only given absolute authority on matters which are considered to be “traditional.”  For everything else, they must receive the approval of their tribe’s General Council.  Approval is attained by a majority vote out of a group of at least 150 Arapahos (for the Arapaho General Council) or 75 Shoshone (for the Shoshone General Council.)
  124. How are courts on the Wind River Reservation different from regular courts?
    They’re less concerned about enforcing law and they don’t get into a lot of legal technicalities.  Rather, they focus more on compromise, mediation, and settlement.
  125. By whom is a tribal court staffed?  Describe the qualifications, selection methods, length of terms for these positions.
    Three associate judges and one chief judge.  They are all selected to serve by the JBC.  Associate judges are not required to have any legal training; they serve four-year terms.  The chief judge must be a lawyer, and he serves for life.
  126. What are the other types of courts on the Wind River Reservation?
    Probate court, children’s court, and court of appeals
  127. How may a defendant be represented in a tribal court?
    By an attorney or an advocate chosen by himself
  128. Where is the BIA headquartered?
    Fort Washakie.
  129. Who staffs the BIA??
    It is headed by a superintendent, and he has more than 100 subordinate assistants who are mostly Native Americans.

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