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

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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

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy