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establishes the judicial brand consisting of the US supreme court and grants congress the authority to establish other courts |
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established a 3 tier structure for the federal court system |
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hearing the case for the first time, trial court |
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authority of court to hear case |
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first tier of federal court system |
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circuit courts/appelate court |
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intermediate level, heard only after originally in another court first |
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top level court, has original and appelate jurisdiction, known as "court of last resort" |
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what are the 3 tiers of courts? |
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district, circuit, supreme |
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body of law that regulates indivdual conduct and is enforced by the state and national government |
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body of law that regulates the conduct and relationships between private indivduals or companies |
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the federal district courts, circuit courts of appeals, and the supreme court are called _________ because of ________ |
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a) constitutional courts b) article III |
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examples of ________. a) US territorial courts - hear federal cases in the territories b) US Court of Veteran Appeals |
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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) |
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Based on a claim under the US constitution, a treaty with another Nation or federal statue. Can involve criminal or civil law. |
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Federal Question Jurisdiction |
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Based on a claim under the US constitution, a treaty with another Nation or federal statue. Can involve criminal or civil law. |
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Federal Question Jurisdiction |
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Represents the government. Bring charges against criminals. Chief law enforcer. |
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Goes after criminals supenead to court |
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DC court of appeals that handles appeals involving federal regulatory commissions and agencies |
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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 |
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each circuit rotates _ judges |
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what is the minimum number of circuit judges in a case? maximum? what is it called when you have the maxiumum number of judges? |
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min. - 6 max. - 30 when using max. - "en bac" |
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what is it called when a lawyer lays out a written legal argument |
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who is the chief justice of the supreme court? |
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Who are the associate justices of the supreme court? |
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John Paul Stevens, Anthony Kennedy, Antonin Scalia, Clarence Thomas, Stephen Breyer, Ruth Bader Ginsburg, Samuel Alito Jr, Sonia Sotomayor |
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how are federal judges selected |
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nominated by the president and confirmed by the senate |
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After the president has narrowed his list of potential nominees for supreme court they are forwarded to the ___ and the ___ |
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ABA rates potential nominees for the supreme court as.. |
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well qualified - qualified - not qualified |
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__ percent of the cases decided by the court deals with issues raised in the bill of rights |
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a request for the court to order up the records from a lower court to review the case |
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takes __ justices to vote to hear a case. if not heard, lower court ruling stands. |
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all petitions of writ of certitorari must meet the following two criteria |
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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. |
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attorney of the US government. often referred to as the 9th 1/2 member of court. can file amicus curiae. |
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"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 |
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the supreme court is in session when? |
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the first monday in october through june |
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the court will listen to oral arguments for periods of _ weeks with a recess of _ weeks |
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attorneys are allocated __ minutes to presented their case and this includes time for questions |
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Written by one member of the court and reflects the view of at least a majority of the justices |
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One written by a justice who agrees with the outcome of the case but not with the legal rathionale for decision |
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One that is written by one or more justices who disagree with the opinion of a majority or plurality of the court |
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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 |
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a philosophy of judicial decision making that argues judges should use their power broadly to further justice |
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the part of government that makes policies as it links together the 3 branches of the national government and federal system |
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a system for carrying on the business of an organization by means of a clear hierarchy of authority and an emphasis of fixed routine |
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german sociologist. came up with a rational way for complex societies to organize themselves. |
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Max Weber came up with a rational way for complex societies to organize themselves. Authority flows from top to bottom |
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a) chain of command b) division of labor c) specialization of authority d) goal orientation e) impersonality f) productivity |
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those who seek employment with the federal governemt must utilize the _____ _________ |
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system based upon performance |
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means of awarding government employees after a successful election |
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end result of ________ system was government inefficiency and corruption |
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Merit system replaces spoil system after assassination of |
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President James A. Garfield |
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made it illegal for federal appointees to be required to contribute to a particular political party |
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approx. ___ million federal workers in executive branch |
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about 3000 persons are appointed directly by the president. This includes the cabinet secrataries. |
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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. |
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Policiy patronage positions which are known as secratarial assistants to policy makers. |
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Low Level Non Policy Patronage Positions |
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The major units are the 15 cabinet positions found with in the executive department of the president. |
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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. |
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Gov units that closely resemble a cabinet dept but have a narrow area of responsibilities such as CIA and NASA. |
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Indepentent Executive Agencies |
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Agencies created by congress to exist outside the major departments to regulate a specific economic activitie or intrest. |
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Independent Regulatory Commission |
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Indepent Regulatory Commissions |
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Prohibits civil servants from takin activist roles in partisan campaigns. |
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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. |
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The federal employees political activities act |
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Rules and regulations issued by the pres that have an affect of law. |
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Presidential Executive Orders |
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The proactive oversight that allows congress to set agenda for programs. |
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The proactive oversight that allows congress to set agenda for programs. |
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Involves a congressional response to a complaint followed by a constituent or politically significant actor. |
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encouraging administrators to act responsibilty in their dealings with the public and protecting individuals and groups from abuse from breaucracy |
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an organization whose goal is to win elective offices in order to influence the policies of government |
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consists of interacting groups that include professionals, candidates, elected officals and rank |
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original format for political elections before politcal parties |
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began with the federalist party composed of those who had supported new constitution and were led by alexander hamiliton |
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evolution of democratic party |
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advocated beliefs in popular government and were led by thomas jefferson |
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under president James Monroe which sent forth the belief that political parties were in fact disappearing |
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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 |
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was created as the anti-slavery party and consisted of anti-masonic and free soil party members |
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Northern Democrats wanted to end slavery. Who was their leader? |
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Southern democrats for slavery. Were led by who? |
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constitutional union was led by whom? |
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Republic party selects ___________. _____ comes to an end. |
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a) abraham lincoln b)whig party |
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the peel off of a main party to start their own party |
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select candidate by ballot |
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ticket splitting/general election |
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any election that signifies party realignment by voter polarization around new issues |
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shift of party correlation that remains for a significant amount of time |
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when politicans are forced to put into work what they were campaigning for |
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what do DNC and RNC stand for? |
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democratic national committee republican national committee they are responsible for making the necessary arrangements for each party's national convention |
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the chairperson of the national committee selected by sitting president or newly nominated candidate |
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key national party offical |
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every 4 years they meet to nominate the president and vice president candidates |
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