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US Gov & Pol For Lee Kyle and Nicole
Final
89
Political Studies
Undergraduate 2
12/15/2009

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Term
establishes the judicial brand consisting of the US supreme court and grants congress the authority to establish other courts
Definition
Article III
Term
established a 3 tier structure for the federal court system
Definition
Judiciary Act of 1789
Term
hearing the case for the first time, trial court
Definition
original jurisdiction
Term
authority of court to hear case
Definition
jurisdiction
Term
federal district court
Definition
first tier of federal court system
Term
circuit courts/appelate court
Definition
intermediate level, heard only after originally in another court first
Term
top level court, has original and appelate jurisdiction, known as "court of last resort"
Definition
supreme court
Term
what are the 3 tiers of courts?
Definition
district, circuit, supreme
Term
marbury v. madison
Definition
judicial review
Term
body of law that regulates indivdual conduct and is enforced by the state and national government
Definition
criminal law
Term
body of law that regulates the conduct and relationships between private indivduals or companies
Definition
civil law
Term
the federal district courts, circuit courts of appeals, and the supreme court are called _________ because of ________
Definition
a) constitutional courts
b) article III
Term
examples of ________.
a) US territorial courts - hear federal cases in the territories
b) US Court of Veteran Appeals
Definition
Legislative Courts
Term
94 of them in the US.
Only federal court with right to be tried by jury.
Every state has at least 1.
PA divided into 3 - (eastern, western, middle)
Definition
US District Courts
Term
Based on a claim under the US constitution, a treaty with another Nation or federal statue. Can involve criminal or civil law.
Definition
Federal Question Jurisdiction
Term
Based on a claim under the US constitution, a treaty with another Nation or federal statue. Can involve criminal or civil law.
Definition
Federal Question Jurisdiction
Term
Represents the government. Bring charges against criminals. Chief law enforcer.
Definition
US District attorney
Term
Goes after criminals supenead to court
Definition
US Marshall
Term
DC court of appeals that handles appeals involving federal regulatory commissions and agencies
Definition
12th court of appeal
Term
US Court of Appeals for the federal circuit which specializes in appeals deals with patents and and contracts and financial claims against the federal governemt
Definition
13th Court of Appeals
Term
each circuit rotates _ judges
Definition
3
Term
what is the minimum number of circuit judges in a case? maximum? what is it called when you have the maxiumum number of judges?
Definition
min. - 6
max. - 30
when using max. - "en bac"
Term
what is it called when a lawyer lays out a written legal argument
Definition
legal brief
Term
who is the chief justice of the supreme court?
Definition
John G. Roberts
Term
Who are the associate justices of the supreme court?
Definition
John Paul Stevens, Anthony Kennedy, Antonin Scalia, Clarence Thomas, Stephen Breyer, Ruth Bader Ginsburg, Samuel Alito Jr, Sonia Sotomayor
Term
how are federal judges selected
Definition
nominated by the president and confirmed by the senate
Term
After the president has narrowed his list of potential nominees for supreme court they are forwarded to the ___ and the ___
Definition
FBI & ABA
Term
ABA rates potential nominees for the supreme court as..
Definition
well qualified - qualified - not qualified
Term
__ percent of the cases decided by the court deals with issues raised in the bill of rights
Definition
42
Term
a request for the court to order up the records from a lower court to review the case
Definition
Writ of Certiorari
Term
takes __ justices to vote to hear a case. if not heard, lower court ruling stands.
Definition
4
Term
all petitions of writ of certitorari must meet the following two criteria
Definition
1) case must come either from a US court of appeals, a special 3 judge district court or state court of last resort
2) case must involve a federal question. must present questions of interpretation of federal constitution law or involve a federal statute or treaty.
Term
attorney of the US government. often referred to as the 9th 1/2 member of court. can file amicus curiae.
Definition
solicitor general
Term
"friend of the court" a third party to a lawsuit who files a vrief for the purpose of raising additional points of view in attempt to influence a court's decision
Definition
amicus curiae
Term
the supreme court is in session when?
Definition
the first monday in october through june
Term
the court will listen to oral arguments for periods of _ weeks with a recess of _ weeks
Definition
2 weeks
Term
attorneys are allocated __ minutes to presented their case and this includes time for questions
Definition
30 minutes
Term
Written by one member of the court and reflects the view of at least a majority of the justices
Definition
the majority opinion
Term
One written by a justice who agrees with the outcome of the case but not with the legal rathionale for decision
Definition
Concurring Opinion
Term
One that is written by one or more justices who disagree with the opinion of a majority or plurality of the court
Definition
dissenting opinion
Term
a philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own senes of principle
Definition
judicial restraint
Term
a philosophy of judicial decision making that argues judges should use their power broadly to further justice
Definition
judicial activism
Term
the part of government that makes policies as it links together the 3 branches of the national government and federal system
Definition
bureaucracy
Term
a system for carrying on the business of an organization by means of a clear hierarchy of authority and an emphasis of fixed routine
Definition
the bureaucracy
Term
german sociologist. came up with a rational way for complex societies to organize themselves.
Definition
Max Weber
Term
Max Weber came up with a rational way for complex societies to organize themselves. Authority flows from top to bottom
Definition
a) chain of command
b) division of labor
c) specialization of authority
d) goal orientation
e) impersonality
f) productivity
Term
those who seek employment with the federal governemt must utilize the _____ _________
Definition
merit system
Term
system based upon performance
Definition
merit system
Term
means of awarding government employees after a successful election
Definition
spoil system
Term
end result of ________ system was government inefficiency and corruption
Definition
spoil system
Term
Merit system replaces spoil system after assassination of
Definition
President James A. Garfield
Term
made it illegal for federal appointees to be required to contribute to a particular political party
Definition
the pendleton act
Term
approx. ___ million federal workers in executive branch
Definition
2.7
Term
about 3000 persons are appointed directly by the president. This includes the cabinet secrataries.
Definition
Appointive Policies
Term
An agency created by congress which is generally concerned with a specific aspect of the economy. President selects but no more influence while in office.
Definition
Inderpendent Regulatory
Term
Policiy patronage positions which are known as secratarial assistants to policy makers.
Definition
Low Level Non Policy Patronage Positions
Term
The major units are the 15 cabinet positions found with in the executive department of the president.
Definition
Cabinet Departments
Term
Business established by congress that preform functions that could be provided by private businesses, such as U.S. postal service and federal depostit insurance corporations.
Definition
Government Corporations
Term
Gov units that closely resemble a cabinet dept but have a narrow area of responsibilities such as CIA and NASA.
Definition
Indepentent Executive Agencies
Term
Agencies created by congress to exist outside the major departments to regulate a specific economic activitie or intrest.
Definition
Independent Regulatory Commission
Term
FRB, FCC, SEC, OSHA
Definition
Indepent Regulatory Commissions
Term
Prohibits civil servants from takin activist roles in partisan campaigns.
Definition
Hatch Act of 1939
Term
Liberation of the hatch act. Fed employees are now aloud to run for office in non partisan elections and to contribute money to campiagns in partisan elections.
Definition
The federal employees political activities act
Term
Rules and regulations issued by the pres that have an affect of law.
Definition
Presidential Executive Orders
Term
The proactive oversight that allows congress to set agenda for programs.
Definition
Police Patrol
Term
The proactive oversight that allows congress to set agenda for programs.
Definition
Police Patrol
Term
Involves a congressional response to a complaint followed by a constituent or politically significant actor.
Definition
Fire Alarm
Term
encouraging administrators to act responsibilty in their dealings with the public and protecting individuals and groups from abuse from breaucracy
Definition
judicial accountability
Term
an organization whose goal is to win elective offices in order to influence the policies of government
Definition
political parties
Term
consists of interacting groups that include professionals, candidates, elected officals and rank
Definition
political parties
Term
original format for political elections before politcal parties
Definition
factions
Term
began with the federalist party composed of those who had supported new constitution and were led by alexander hamiliton
Definition
evolution of democratic party
Term
advocated beliefs in popular government and were led by thomas jefferson
Definition
republican evolution
Term
under president James Monroe which sent forth the belief that political parties were in fact disappearing
Definition
era of good feeling
Term
created in opposition to andrew jackson and was composed of prosperous farmers, the south, the west, and commerical interest in the east and the anti slavery segment in the north
Definition
the wHig party
Term
was created as the anti-slavery party and consisted of anti-masonic and free soil party members
Definition
republican party
Term
Northern Democrats wanted to end slavery. Who was their leader?
Definition
Stephen A. Douglas
Term
Southern democrats for slavery. Were led by who?
Definition
John Breckenridge
Term
constitutional union was led by whom?
Definition
John Bell
Term
Republic party selects ___________.
_____ comes to an end.
Definition
a) abraham lincoln
b)whig party
Term
the peel off of a main party to start their own party
Definition
splinter party
Term
select candidate by ballot
Definition
direct primary
Term
vote by each office
Definition
ticket splitting/general election
Term
any election that signifies party realignment by voter polarization around new issues
Definition
critical election
Term
shift of party correlation that remains for a significant amount of time
Definition
party realignment
Term
when politicans are forced to put into work what they were campaigning for
Definition
mandate
Term
what do DNC and RNC stand for?
Definition
democratic national committee
republican national committee
they are responsible for making the necessary arrangements for each party's national convention
Term
the chairperson of the national committee selected by sitting president or newly nominated candidate
Definition
key national party offical
Term
every 4 years they meet to nominate the president and vice president candidates
Definition
national convention
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