APGOPO - Vocab Test Flashcards
Bureaucracy
the departments and agencies within the executive branch that carry out the laws of the nation. Ex. the public health bureaucracy manages Covid-19 issues
Bureaucrats
an official employed within a government bureaucracy. For example, any pillows, blankets, and sheets produced in the US are regulated by bureaucrats
Shadow bureaucrats
employees on the payroll of private, for-profit businesses and private non-profit organizations with government contracts
The cabinet
they advise the President on any subject he or she may require relating to the duties of each member’s respective office.
Independent Administrative Agency
agencies that, while constitutionally part of the executive branch, are independent of presidential control
Independent Regulatory Commission
these agencies are meant to impose and enforce regulations free of political influence.
Government Corporation
A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
Executive Office of the President
The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.
Iron triangle
consists of interest groups, members of congressional subcommittees, and agency bureaucrats
issue networks
Alliance of many interest groups in order to create a common agenda
Authorization laws
Making someone with legal power do something specific for personal benefit
appropriation laws
The process of setting aside money for different legislation
administrative discretion
Allows politicians to choose different paths in order to do the same thing
administrative rule making
administrative agencies adopt rules to further the mandate of the agency
administrative adjudication
Results arguments between two groups in government
Pendleton Act (1883)
federal jobs should be awarded through merit
Civil Service Reform Act (1978)
Certain government employees have to take exams to be employed To ensure they weren’t just being elected due to political ties.
hatch act
Limit certain government behaviors like using official authority to interfere with election results.
patronage system
hiring someone based on political partisanship
merit-based civil service
Ensures the proper recruitment of political people by making sure they’re elected based on merit.
representative bureaucracy
Bureaucrats with disadvantaged backgrounds can help bring representation to more people in government
bureaucratic pathologies
Red tape, conflict, duplication, imperialism, and waste cause less effective bureaucracy
Bureaucratic discretion
The ability of an agency to decide what course of action to take in order to implement laws.
Sunshine laws
A law requiring certain proceedings of government agencies to be open or available to the public
sunset clause
A contract and a regulation that will automatically expire on a specific date
conflict of interest
A situation in which the concerns are aims of two different parties are incompatible
whistleblower
a person who informs on a person or organization engaged in an illicit activity
inspectors general
An official in charge of inspecting a particular institution or activity
oversight
An unintentional failure to notice or do something
authorization legalization
I type of legislation to authorize activities of the various agencies and programs a part of the federal government
approperations
A law of Congress that provides an agency with a budget Authority
committee clearance
The ability of a congressional committee to review and approve certain agency decisions in advance and without passing a law
Marbury v. Madison
Established judicial review over federal laws
judicial review
The authority of the supreme court to strike down a law or executive action if it conflicts with the constitution.
jurisdiction
the official power to make legal decisions and judgments
original jurisdiction
court’s power to hear and decide a case before any appellate review
exclusive jurisdiction
one court has the power to adjudicate a case to the exclusion of all other courts
concurrent jurisdiction
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it.
appellate jurisdiction
the power of a court to hear appeals from lower courts
dual court system
state and federal matters are handled separately
dual soverignety
more than one sovereign may prosecute an individual without violating the prohibition against double jeopardy if the individual’s act breaks the laws of each sovereignty
chief justice
the presiding judge in a supreme court
associate justice
the designation given to a justice on a judicial panel who is not the chief justice
us district courts
the general trial courts of the federal court system
us courts of appeals
appeals from lower courts of both civil and criminal trials, but do not investigate the facts of a case
us supreme court
the highest judicial court in the US.
common law
Common law is Judge made law grounded in Tradition and previous judicial decisions, instead of in written laws.
doctrine of stare decisis
the doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation
precedent cases
a decided case that furnishes a basis for determining later cases involving similar facts or issues
constitutional laws
rights carved out in the federal and state constitutions
criminal law
Criminal laws the body of law dealing with conduct considered harmful to the peace and safety as of society as a whole even when directed against an individual, which is predominantly under State court jurisdiction
“beyond a reasonable doubt”
proof that leaves you firmly convinced the defendant is guilty
civil laws
Civil laws are the body of law dealing with private rights and obligations that are established by voluntary agreements, legislation, constitutions, administrative rules and regulations, or common law which are all under the jurisdiction of the Courts.
“Preponderance of evidence”
to prove something is more likely than not
judicial independence
The ability of judges to resist pressure and influence to make impartial decisions
descriptive representation
A group that elects individuals to represent them based on their characteristics.
substantive representation
Whether or not certain legislators advocate for their constituents
symbolic representation
representation based on demographic expression
Certiorari petition
a petition submitted to the supreme court requesting a review of a case already decided.
writ of certiorari
“a request to make certain” issued by the higher court. Orders lower courts to make available the documents pf a past case it decided so the higher court can review the case.
rule of four
The supreme court justices determine if they will hear a case if 4 or more justices want to hear it
brief
a written legal argument that is presented to a court to aid it in reaching a conclusion on the legal issues involved in the case
amicus curiae brief
a legal brief filed by an individual or group that is not a party in the case, written to influence the court’s decision
solicitor general
the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.
standing
a party’s right to make a legal claim or seek judicial enforcement of a duty or right
plantiff
a person who brings the case to court
defendent
the person defending themselves against the plaintiff in court
class action suit
a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group
legal model
assumes the judge is following the rules and regulations
attitudinal model
holds that judges decide disputes in light of the facts of the case, given their ideological attitudes and values
strategic model
judges attempt to rule in a way that the other courts will agree with their ruling
opinion of the court
An explanation of the decision of the Supreme Court or any other appellate court
concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs in the reasoning
dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling
judicial activism
A judicial activist is an approach to judicial decision-making whereby judges are willing to strike down laws made by elected officials and step away from precedents.
judicial restraint
Judicial restraint is an approach to judicial decision-making whereby judges defer to the democratically elected legislative and executive branches of government.
court order
directing an official to perform an official duty
remedy
a judicial order preventing or redressing a wrong or enforcing a right
writ of mandamus
A court order directing an official to perform an official duty
bicameral legislature
A 2-house legislation system (HOR and senate)
incumbency
The current holder of an office or position
casework
Assistance given to constituents by congressional members, answering questions or doing favors
franking
Congress is allowed to send material through the mail
reapportionment
The process of determining the number of representatives for each state using census data. Every 10 years a census is taken to determine the number of representatives one area receives.
redistricting
states redrawing the boundaries of electoral districts following a census. States with one representative may not do much of this.
gerrymandering
The intentional use of redistricting to benefit a specific interest or group of voters. Just look at Chicago, or most US states for example.
majority-minority districts
A district in which voters of a minority ethnicity constitute an electoral majority within that electoral district. Like the 12th NC district after the 1990 census.
marginal district
Candidates elected into the HOR win by a small majority. Typically this is when they win by less than 55%.
safe district
Candidates elected into the HOR win by a reasonable majority. Typically this is when they win by at least 60%.