3.1 Flashcards
what are the 4 types of federal organisations
departments, independent agencies, regulatory agencies, and government corporations
what is the difference between a civil service and a political employee
civil service reports to the government
political reports to their party
what is the patronage system
A system that rewards the supporters of successful political candidates and parties while firing supporters of the opposing parties.
what is the civil service system
A government employment system in which employees are hired on the basis of their qualifications and cannot be fired merely for belonging to the wrong political party.
what was the pendleton act of 1883
Established the civil service by greatly expanding the use of competitive examinations for public post
what was the hatch act of 1939
Federal law that limits participation of federal employees in political campaigns.
what does decentralisation mean
Permits regional and local offices to manage their own performances without close supervision from headquarters.
what does privatisation mean
A formerly public service that is now provided by a private company but paid for by the government.
what is the iron triangle and which parties are involved
The tight relationship between employees in government agencies, interest groups, and legislators and their staff members, who work together behind the scenes to shape laws and public policy.
THE THREE POINTS:
Interest Groups
Bureaucracy
Congress
what are regulations
Legal rules created by government agencies based on authority delegated by the legislature.
what was the Schechter Poultry v US case about and who won?
?
what was the Chevron USA v. NRDC case about and who won?
?
what was Hamilton’s view of the judiciary as a whole?
Hamilton thought if judges exercised will instead of judgment they would be substituting themselves for the legislature.
what was Hamilton’s view of appointments for the judiciary?
Hamilton favored federal judges getting life time appointments so that they could be free to say what the law is and so that they could have advanced expertise in the law.
what is the difference between the adversarial system and the inquisitorial legal system?
Common law countries use an adversarial system to determine facts in the adjudication process. The prosecution and defence compete against each other, and the judge serves as a referee to ensure fairness to the accused, and that the legal rules criminal procedure followed.
(USA USES THIS ONE)
The inquisitorial system is associated with civil law legal systems, and it has existed for many centuries. It is characterized by extensive pre-trial investigation and interrogations with the objective to avoid bringing an innocent person to trial.
how does federalism impact the judicial system
Because of federalism there are state courts and federal courts, but that state courts can still be appealed to the Supreme Court if the cases touch on a federal question
What are US District courts
- Usually first court to hear a case (Original Jurisdiction)
- Trial Courts-jury or bench trials
- Finder of facts-guilty (criminal case) or liable (Civil case)
***district courts have trials to find facts and appeals courts review the law.
what is the US Circuit Court of Appeals
- 11 Circuit courts, DC Court of Appeals
- Oral arguments of Lawyers, usually 3 judge panel
- Appeals Courts-review law, not the facts
what is a majority opinion
a judicial opinion agreed to by more than half of the members of a court
what is a concurring opinion
a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.
what is a dissenting opinion
an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
what is a writ of certiorari
A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it