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Final Exam Notecards
Political Science 130 with Scattergood at St. Norbert College
About this deck
By: Molly Hansen
Textbook:
American Government: Historical, Popular, and Global Perspectives, Brief Edition
Created: 2010-12-14
Size: 76 flashcards
Views: 66
Textbook:
American Government: Historical, Popular, and Global Perspectives, Brief EditionCreated: 2010-12-14
Size: 76 flashcards
Views: 66
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civil law
legislative codes/laws/sets of rules that are enacted by authorized lawmaking bodies such as Congress, or any executive authorities entrusted with the power to make laws (law of property, contracts, & issues dealing w/ private citizen's rights)
common law
judge-made law handed down through judicial opinions, which establish slowly evolving precedents over time
criminal law
body of rules and regulations that declare what types of conduct constitute an "offense against society" and that prescribe the punishment to be imposed for those offenses
constitutional law
body of rules and judicial interpretations of rules found in the fundamental law of the nation or state, like Constitution of US
administrative law
body of rules, regulations, orders, and decisions issued by administrative agencies of gov
public law
laws and rules tat govern disputes and issues involving the gov directly acting in its official capacity
private law
all parts of the law concerned with the definition:
1: all parties directly implicated are private individuals
2: gov is acting like any other private citizen when it sues or issued
Cases that begin in fed ct rather than st only in these categories
1-lawsuit requires interpretation of US constitution, a fed law, or US treaty
2-fed gov is suing or prosecuting someone or is itself getting sued
3-lawsuit between 2 citizens of different states for amount more than $75,000
inquisitorial system of justice
judges, working on gov's behalf are responsible for gathering info relevant to disposition of part case
adversarial system of justice
opposing parties contend against each other for a result favorable to themselves
litigation
any judicial contest, including all the events that lead up to a possible court event
plaintiff
complaining party who chooses to initiate formal legal proceedings
complaint
written document justifying why the court is empowered to hear the case and explaining why he/she is entitled to some form of relief under current law
defendant
target of compliance
discovery
stage of pretrial litigation where the plaintiff and defendant have the right to learn what info the other side has about the case by requesting documents or materials, access to ?s about litigation either in written form, or verbally at disposition
grand jury
duty to receive complaints, hear evidence offered by the prosecutor, and determine whether a jury is justified
indictment
authorizing the gov, to proceed to trial against the defendant
plea bargain
a pre-trial negotiated resolution in a criminal case in which the defendants seek to reduce their jail sentences by pleading guilty and in return prosecutors are willing to trade down the severity of the punishment
judicial review
judges may declare acts of the branches of the federal or state gov unconstitutional and thus invalid
writ of mandamus
judicial order commanding an official to perform a ministerial duty over which his discretion is limited
Limitations that the court must adhere to:
1-cts cannot initiate or maintain lawsuits
2-cts can hear only those lawsuits that constitute true "cases" or "controversies"
3-cts must rely on other branches for enforcement
moot
to decide cases that aren't ripe yet
standing
the requirement that a party must be uniquely or singularly affected by a controversy in order to be eligible to file a lawsuit
class action lawsuit
a lawsuit filed by a large group of people with clearly defined common interests
appellate jurisdiction
power to review prior decisions handed down by state and lower federal courts
When choosing nominees to high ct, presidents consider:
-nominee's ideological and policy preferences
-judicial competence
-political loyalty
-demographic factors
-current political factors
writ of certiorari
order by which ct acts in its discretion to hear a case on appeal
Rule of 4
4 of 9 have to vote in order to hear a case
2 factors that increase liklihood that supreme ct grant writ of certiorari
1-when fed gov intervenes in the case
2-when there is a split among 2 or more of the US circuit cts of appeals on similar issues
briefs
written documents filed by parties in an appealed case arguing why constitutional or statuary law weighs in favor of respective positions
amicus curiae briefs
written documents filed by outside parties in the case w/ an interest in the outcome of the litigation expressing their own views on how the ct should decide a particular case
solicitor general
argues on behalf of the US gov in most cases when the fed gov is a party
majority opinion
the opinion of a majority of members of the US Supreme ct which carries the force of law
concurring opinion
the opinion of 1 or more justices that agrees w. the end result reached by the majority, but disagrees w/ reasons offered for the decision
dissenting opinion
the opinion of 1 or more justices who disagree w/ the result reached by the majority
why the justices vote the way they do:
-legal rules and precedents
-changes in circumstances
-ideological "attitudes"
-personal traits and characteristics
-intracourt politics
-external political pressures
stare decisis
previous ct decisions that judges have made, latin for "stand by the decision"
originalism
the search for the framers' original intent about the constitution
civil liberties
specific individual rights that cannot be taken away by gov and are guaranteed by the Constitution
natural rights
based on natural laws of human society
civil rights
rights that members of various groups have equal treatment by gov under the law and equal access to society; positive rights whether political, social, economic conferred by the gov on individuals/groups that had been previously been denied them
positive rights
granted by gov authorities and can usually be shaped and modified by that authority according to certain rules
incorporation
process by which US supreme ct used due process clause of 14th amendment to make applicable to the states most of individual guaranteed by the Bill of Rights, provided that state and local gov as well as fed gov couldn't deny these rights to citizens
Theories that account for lofty status of free expression
-marketplace of ideas
-self governance
-self-fulfillment
-a "safety value"
libel
printing or disseminating false statements that harm someone
prior restraint
gov's requirement that a story needs to be approved by the gov before it can be published
SLAPS test
standard that cts established to determine if material is obscene based in part whether the material has serious literary, artistic, political, or scientific value. If does then material is NOT obscene
symbolic speech
non-spoken forms of speech that might be protected by 1st Amendment (ex: flag-burning, armbands protesting war at school)
free exercise clause
religious freedom clause in 1st amendment denies gov the ability to prohibit free exercise of religion. debates have happened about whether gov laws can force adherents of certain religion to engage in activities that are prohibited by religion
establishment clause
prohibits gov from enacting laws "respecting an establishment of religion"
principle of separation
believe in dividing line between church and state, thinks gov should have no involvement at all in religious practices
principle of accomodation
that gov should hold neutral ground of equality for all religions
Lemon Test
legal test determines if a gov statute aiding public/private schools = unconst violation of estab clause. = unconstitutional if: has no secular purpose, principle effect advances/inhibits religion, or fosters "excessive gov entanglement w/ religion"
bill of attainder
an act of legislature dealing a person/group guilty of some crime and then w/o a trial punishing the accused. Constitution denies congress the ability to issue a bill of attainder
ex post facto laws
a law that punishes someone for doing something in the past, at a time when the act was not illegal. Constitution denies gov to write ex post facto laws
exclusionary rule
the legal rule requiring that all evidence illegally obtained by the police in violation of the Bill of Rights. must be excluded from admission in a ct of law, where it might have assisted in convicting those accused of the crimes
good faith exception
exception to exclusionary rule that states if a search warrant is invalid thru no fault of the police, evidence obtained under that warrant may still be admitted into ct
double jeopardy
constitutional protection that those accused of a crime can't be tried for the same crime twice
Miranda warnings
US Supreme ct requirement when a person is arrested that they be read a statement of his/her rights to remain silent and to the right of an attorney
bail
an amount of money paid to the court as security against a defendant's freedom before trial
political equality
a condition in which members of different groups possess substantially the same rights to participate actively in the political system; In US rights include: voting, running for office, petitioning the gov for redress of grievances, free-speech, etc
Social equality
equality and fair treatment of all groups within the various institutions in society, both public and private that serve the public at large, including stores, theaters, restaurants, etc among other operations open to the public
economic equality
may be defined as providing all groups the equality of opportunity for economic success, or as the equality of results. In US been common understanding of economic equality
working within the political system
some people using political process to implement reforms and end discrimination; done many times by lobbying and petitioning gov officials
litigation
any judicial contest; including all the events that lead up to a possible court event
legal boycotts
organized refusal to buy, sell, or use certain goods or to perform certain services has been long been a tool in economic battles waged between employers and unions
civil disobedience
passive resistance to what they see as an unjust gov policy or law by openly refusing to obey it
Act of 1864 Civil War
fed law that banned racial discrimination in all public accommodations, even privately ones; prohibited discrimination by employers & created the EEOC to investigate complaints of discrim, denied public funds to schools that discriminate race
Jim Crow Laws
used by the southern states and required segregation of blacks and whites in public places; excluded blacks from militias and denied them from certain educational and welfare systems
Pluessy vs Ferguson
supreme ct case on segregation ruled separate but equal
strict scrutiny
level of judicial review that requires the gov to prove that the racial classification of the law or practice in question is "narrowly tailored to meet" compelling state interest"
Civil War Amendment
13th-banished slavery
14th-granted full US citizenship to natural born and persons received equal protections of rights/laws
15th-no discrimination based on race for voting
Voting Acts of 1965
fed law that invalidated literacy tests and property requirements and required select states and cities to apply for permission to the justice department to change voting laws, millions of African Americans effectively refranchised in states
Affirmation Action
programs that are laws or practices designed to remedy past discriminatory hiring practices, gov contracting and school admissions
racial profiling
practice of taking race into account when investigating crimes
Title IX
prohibits the exclusion of women from an educational program or activity receiving financial assistance from the gov
About this deck
By: Molly Hansen
Textbook:
American Government: Historical, Popular, and Global Perspectives, Brief Edition
Created: 2010-12-14
Size: 76 flashcards
Views: 66
Textbook:
American Government: Historical, Popular, and Global Perspectives, Brief EditionCreated: 2010-12-14
Size: 76 flashcards
Views: 66
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
Kathy