Exam 3 Notebook Questions Flashcards

1
Q

What is electoral college

A

Body of representatives who met at their state capitals following the popular election. Cast ballots for prez & vice prez

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why do we have electoral votes?

A

Reason #1
The framers of the constitution feared population election would make the office would be centered & powerful which would unlined the power of federalism
Reason #2
Direct election would give a more advantage to the more popular states
Reason #3
The founding fathers felt that American democracy had not mature enough for direct election
Reason #4
The constitution provided that power exercise and representation restitution would redirect though
- wanted redirect democracy
Reason #5
The founding fathers did not want the presidency to yield to a passion arrany

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many senateros are there

A

100

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the total of electoral college?

A

538

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What the reason why each candidate selects their own group of electoral college votes?

A

The reason they elect their own groups because the Electoral college voters ARE NOT OBLIGATED to vote for the will of the people they can change their mindset

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When we vote who are we sending to vote?

A

When voting your pick of ECV so send ( from the candidates) to vote for president

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How does the popular vote connect to ECV? What does it have to do with states?

A

The popular vote connected to ECV. Have to win states. Allows states to have a say in the election

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

House of Representatives

A

435 members
2 yr term
The SPEAKER the highest power ( get piece of legislation passed)
218 votes to pass legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What can the speaker do?

A

The highest power which is the Speaker gets power to pass a piece of legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The way a law written determines what?

A

Have to write a law. The way the law read determines if the law going to pass or not.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the speaker powers

A

The speaker is responsible of passing regulation in the house legislation

Legislation that will him re elected. And his party majority power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the types of speaker duties?

A
  1. Influence where a bill sent ( to a particular committee)

2. Can recognize members from on the floor
controls who gets to speak/ talk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The speaker from which party?

A

The majority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

United States Senate

A

100 members
6 yr term
MAJORITY leader the highest power
51/60 votes needed to pass a piece of legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How many votes to stop a filibuster?

Filibusters occur only in the senate

A

60 votes need to stop a filibuster. Which only allows the person to speak for only a certain amount of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Why is it difficult to make & pass legislation ?

A
Party polarization (now) 
Means two party's do not have much in common their in opposite ends 

Intern party cohension
Members within the same party have the same agendas & solutions
+
Interparty distance
Majority & Minority favor different agendas & solutions ( Dem & Rep don’t share common ground basically)

  1. National Legislation
    W/ local comsmenct
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Minorties don’t get what they want cuz the speaker is…

A

In control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who’s the 2nd most powerful person in the U.S after the prez ?

A

The speaker cuz he controls legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a filibuster?

A

When each senator has the ability to deliberate for an unlimited amount of time & may add unlimited amendments to the bill.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Why are filibuster conducted?

A
  1. To protect miniorties those in fewer #
  2. To bring attention to an issue
  3. To postpone the vote to get more support
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How can filibusters be prevented?

A

Filibuster can be prevented by what’s called a cloture vote

60 votes are needed and that will stop @ filibuster

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Filibusters can only happen in the ..

A

Senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When is the president most likely to get his polices passed?

A

1st year in office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the honeymoon term?

A

When the 1st year of the president people tend to forgive him and there excited for this new prez. His polices pass his 1st year cuz people are excited for this new prez

Like new relationship

25
Q

What happens when the prez is prez for 2 terms?

A

The longer your prez the weaker you become

26
Q

When is the prez party more likely to lose seats ? For his political party.

A

During midterm elections in congress

27
Q

How does the prez first term go like?

A

1 st TERM
1yr honeymoon
2nd Midterm - representing senate members in his party
3rd spend time putting policy in opposing office
Ex: Trump policies pass through democratic policies
4 th Re- Election

28
Q

Why are people more forgiving on the prez 1st term?

A

People tend to be more excited and forgiving
( people = voters)

Their excited about change it’s a new person
Ex: like a new relationship

29
Q

What does the pez have to do in his 2nd year?

A

The prez campaigning to not lose members in the house or senate.

Midterm represents 1/3 of the senate

30
Q

In order for the prez to get policy pass he has to do what?

A

He has to spend time putting in policy in opposing office

Ex: Trump polices pass democratic polices

31
Q

People in congress tend to..

A

Be carrerist ( career )

32
Q

What’s the difference between Hierarchical & Decentralized ?

A

EXECUTIVE
Hierarchical
Work @ the pleasure of the president

LEGISLATION
Decentralized
Broken up into pieces
Example: Representatives Senate
/ \ / \
Dem Rep Dem Rep
/ \ / \ / \ / \

33
Q

What does the president have more access to than (congress members)

A

Informations and experts

34
Q

The courts ( fill in the blanks)

Federal. State (CA)
US supreme _____________
US Courts of Appeals ___________
_______________. __________

A

Federal
US supreme
US Courts of Appeals
District Courts

State (CA)
CA Supreme Court
CA Courts of Appeals
Superior Court

35
Q

What is the Court responsible for?

A

Court responsible to resolve dispute between 2 parties

36
Q

What is the Court function?

A

To establish the facts of the case to apply the relevant law to those facts

37
Q

What trails are in state Court?

A

Rape
Murder
Burglary

38
Q

What trails are in state Courts?

A
Kid napping 
Child pronogphy - could land on both 
Counter fitting ( fakes/ imitating ) 
Drug trafficking 
Drug manufacturing 
Federal tax invasion 
Money laundry ( illegal obtained money ) 
Health care fraud 
Welfare fraud 
Murder of federal employees
39
Q

What are the starting Courts?

A

Federal
District court

State
Superior court

40
Q

What an appellate

A

Appellate court reviews lower courts ruling to determine if the trail was flawed

Appellate a panal of 3 judges. Judges review transcripts of lower court & review the legal briefs of the state & of the defense. A jury not there no witness no evidence

41
Q

What are 3 decisions that an appellate court decides?

A
  1. To grant you a new trail. Can say yes to an attorney felled asleep new trail.
  2. They can withdraw the charges and that’s either with or w/o prejudice
    Means you should not been trailed in the first place up to the DA to file charges against the government w/o prejudice can’t use certain evidence. District attorney decides to file again. ( prejudice done something bad )
  3. Can agree with lower court ruling
42
Q

What the exception of an appellate trail?

A

When given the death penalty can have an automatic appeal goes to the California Supreme Court

43
Q

What are the guidelines for selecting a case ?

A

The court must be real must have standing to sue a legal reason

The individual must show injury

Case must be ripe ( like a piece of fruit )

WHAT IFS DOMT GO TO COURT

44
Q

What is civil liberties?

A

Individual protection from the government

It’s an amendment not part of the constitution

45
Q

Who is protected from civil liberties

A

The originally only apply to federal level

46
Q

14 th amendment

A

States may not deny a person the the right of life liberty, and property w/o due process of law

47
Q

What is selective incorporation

A

When civil liberty applied to a state

need have a court do that

48
Q

Not all amendments apply to state

A

Info

49
Q

4 th amendment

A

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable shall NOT BE VIOLATED

( body right of privacy )
Have to get a warrant

50
Q

Exclusionary Rule

A

Any evidence that is obtained illegally can not be used in a court of law

51
Q

Illegal obtained evidence may be used in court of law under the following conditions…

A
  1. Grand jury hearing ( depends on country)
  2. To reboot a witness
    ( to call a witness who lied )
  3. If can prove that the evidence would been found anyways through normal legal procedures (warrant)
52
Q

When does the government not need a warrant? Pt 1 list reason 1-4

A
  1. Private home, however there probable cause & EXIGENT
    * any time the government goes in your home they need a warrant except w/ probable & exigent ( someone gonna hurt or about to call) have right to go in
  2. Individuals give consent to search
  3. Items in plain view
    ( do not need a warrant in plain view)
  4. Abandon property
    Suspect denies ownership
53
Q

When doe the government not need a warrant? Pt 2 list 5-9

A
  1. Incident to arrest
    Search warrant & arrest warrany
    ( gonna take u into custody)
  2. Protective Sweep
    A quick visual inspection of the premise ( area) a quick look
7. Vehicle stops 
Car is different than a home 
For cars no warrant 
#1 have ability to fleed jurisdiction 
#2 not probable

Can search car if committed a crime or are going to
Can search passengers also

  1. Terry stops
    A cop can stop you and pat you down for weapons. That is a search w/o weapons
    Done in a neighborhood where there gangs and weapons can be done in any
  2. Dog sniffs
    Do not need a warrant to smell locker of luggage
54
Q

How is a general law applied to general circumstances?

A

Federal or state law make general law to apply to multiple cases. Court takes that law & apply it to the specifics of the case. Then come to a determination

55
Q

When is a warrant gotten?

A

When the government believes your involved in illegal act or about to commit a illegal act ABOUT TO or GOING TO

The warrant must say: taken to court (swears or oath)
Then judge can declare warrant
The warrant specific place to search, things to be seizure

56
Q

What is exigent circumstances w/ probable cause ?

A

Pressing or demanding situation supported by reliable outside sources or observation

Probable cause
( to get a warrant )

57
Q

What seizure?

A

Police engage in a mean full interference with a person’s private property
( Depriving he/ she of their liberty)

58
Q

What search

A

When police (government) intrude a persons reasonable exceptions of privacy