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poli sci 417 > Final > Flashcards

Final Flashcards

1
Q

Abbreviated Procedures

A

The special criminal process that seeks to speed up the investigation, prosecution, and ruling of certain crimes

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2
Q

Absurdity (statutory interpretation)

A

provides an exception to the rule that a statute should be interpreted according to its plain meaning

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3
Q

abuse of discretion

A

an error of judgement by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or law applicable in this case

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4
Q

actus reus

A

action or conduct that is a constituent element of a crime (guilty act)

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5
Q

affirm (appellate disposition)

A

Appellate court can affirm the ruling that was the subject of the appeal, ie, confirming the the results from trial court)

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6
Q

American Bar Association

A

has no official standing, but is prestigious in forming guidelines for the practice of law, direction to legislation, lobbying for the law profession, and evaluating federal judges

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7
Q

Amicus Brief

A

filed by people who typically take the position of one side in case, in the process supporting a cause that has some bearing on the issues in the case (not a party in the case, but volunteers or is court-invited to advise on a matter before the court)

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8
Q

Appellant

A

the party filing the appellate claim

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9
Q

Appellee

A

the party defending against the appeal

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10
Q

arbitrary and capricious

A

A decision is:
Arbitrary if it is seemingly random, Capricious if the product of a sudden, impulsive and seemingly unmotivated notion or actions

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11
Q

arraignment

A

The first court date in a criminal case, where the defendant finds out what they’re being charged with and what rights they have

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12
Q

Attitudinal Model

A

Assumes that the decisions are made by a judge based on the case facts against his sincere attitudes and values

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13
Q

Avoidance (Statutory Interpretation)

A

tells the court to choose a different interpretation when another interpretation merely raised constitutional doubts

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14
Q

Balancing test

A

A subjective test with which a court weights competing interests

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15
Q

bench trial

A

No jury, judge alone decides the facts of the case and applies the law

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16
Q

beyond a reasonable doubt

A

Criminal cases, the prosecution bears the burden of proving the defendant is guilty beyond all reasonable doubt

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17
Q

blue slip

A

the slip on which the senators from the state of a residence of a federal judicial nominee gives an opinion on the nominee

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18
Q

bright-line rule

A

an objective rule that resolves legal questions in a straightforward, predictable manner

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19
Q

capital crime

A

any criminal charge which is punishable by the death penalty.

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20
Q

casebook method

A

way of teaching law where students learn general legal principles by studying specific cases

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21
Q

cert pool

A

mechanism by which SCOTUS manages the influx of petitions for certiorari (cert) to the court by having law clerks screen the cases and recommend ones to be heard

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22
Q

challenged “for cause”

A

the lawyer has a specific reason for thinking that a juror would not be impartial

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23
Q

Chevron deference

A

a court defers to agency interpretations of ambiguous statutes, as long as the judge finds the interpretations to be reasonable

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24
Q

classic political litigation

A

Matter is brought to court by interest groups leading the charge

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25
Q

Tactical Political Litigation

A

Bringing matters to court to change processes, not rights (playing the long game)

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26
Q

clearly erroneous

A

being or containing a finding fact that is not supported by substantial or competent evidence of by reasonable inferences

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27
Q

conference (SCOTUS)

A

The Justices meet in a private conference to discuss cases argued earlier that week

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28
Q

criminal negligence

A

the creation of a substantial and unreasonable risk of death or great bodily harm to another, of which the actor should be aware

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29
Q

cue theory

A

judges rely on simple, easily identifiable cues when making decisions (ex: legal precedent, ideology, and policy preferences)

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30
Q

declaratory judgement

A

binding judgement from a court defining the legal relationship between parties and their rights in a matter before the court

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31
Q

deference canon

A

Courts give deference or weight to the expertise and interpretation of a government agency when reviewing its own regulations

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32
Q

de novo

A

from beginnings- deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case

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33
Q

Discretionary sentencing

A

intended to take into account the range of possible aggravating and mitigating factors in any serious crime

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34
Q

dismiss as improvidently granted (DIG)

A

meaning the court should not have accepted the case, so they dismiss it

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35
Q

Doctrinal Paradox

A

Aggregating judgements with majority voting can result in self-contradictory judgements

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36
Q

dueling canons

A

in both the majority and dissenting opinions in the same case, to support opposing outcomes

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37
Q

en banc

A

“on the bench”- special procedure where all judges of a particular court hear a case

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38
Q

environmental perspective

A

Taking the person’s environment into consideration

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39
Q

ex post facto law

A

a law that imposes criminal liability or increases criminal punishment retroactively

40
Q

extralegal perspective

A

being beyond the province or authority of law

41
Q

formalism

A

an approach to jurisprudence that emphasizes the discovery of legal principles through logical analysis, and the application of those principles to the facts of a case

42
Q

general intent

A

an actual intent to perform some act, but without a wish for the consequences that result from that act

43
Q

grand jury

A

a group of people selected to sit on a jury that decide whether the prosecutor’s evidence provides probable cause to issue an indictment

44
Q

grant-vacate-remand (GVR)

A

a type of order by SCOTUS where they simultaneously grant a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.

45
Q

gubernatorial appointment

A

governor appoints judges, legislator may have to confirm choice

46
Q

in forma pauperis (i.f.p.) petition

A

allows a poor person to bring suit without incurring the costs of said suit (not a right, and subject to discretion of the court)

47
Q

integrated bar

A

a system of bar associations to which all lawyers are required to belong

48
Q

issue-spotter exam

A

you have to find different causes of action between the parties

49
Q

join-three vote on certiorari

A

If at least 3 other justices vote to grant a review to the case, this is the equivalent of a grant vote

50
Q

judicial activism

A

practice of judges making rulings based on their policy views rather than their honest interpretation of the current law

51
Q

judicial minimalism

A

the view that judges should take the minimal action sufficient for resolving a specific dispute in any case that comes before them

52
Q

jurisprudential regime

A

identify relevant case factors and/or set the level of scrutiny or balancing the judges will use

53
Q

legal model

A

holds that judges make decisions based on legal factors such as the intent of the framers of the Constitution and precedent

54
Q

legal perspective

A

looking at situations through the lens of legal principles, rules, and norms

55
Q

legal pragmatism

A

views laws as produced by specific social contexts and focuses on the consequences of judicial decisions

56
Q

legislative election

A

The legislature selects a judge- basically same process as passing a legislative act

57
Q

living constitution

A

The belief that the Constitution has relevant meaning beyond the original text and is an evolving document that changes over time

58
Q

mandatory sentencing

A

require judges to impose a sentence of a term of imprisonment of at least the time specified in the statute

59
Q

mens rea

A

the intention or knowledge of wrongdoing that constitues part of a crime, as opposed to the action or conduct of the accused

60
Q

Missouri Plan

A

A non-partisan commission reviews candidates for a judicial vacancies, then send a list of the best qualified to the governor

61
Q

modify (appellate disposition)

A

the action of making changes or adjustments to a lower court’s decision. Instead of fully affirming or reversing, the appellate court may choose to modify certain aspects1

62
Q

nolo contendere (plea of no contest)

A

a conviction which contains all the consequences of a conviction based on a plea of guilty or a verdict of guilty

63
Q

nonpartisan election

A

an election with no declaration of political party allegiance, affiliation, or affinity is allowed by the jurisdiction holding the election

64
Q

opinion bargaining

A

judges engaging in negotiations or discussions to reach a consensus on the wording and content of a court opinion

65
Q

oral argument (SCOTUS)

A

When attorneys for both parties present their argument- after briefs have been submitted for both parties

66
Q

ordinary litigation

A

regular process of resolving legal disputes through the legal system

67
Q

originalism

A

view that the Constitution should be interpreted according to the original intentions or original meaning of the framers

68
Q

panel effects

A

Composition of a circuit court panel can affect behavior and the decision
-split panels (liberal and conservative judges) are less likely to issue ideological decisions (decisions more technical), also more likely to defer to administrative agencies
-differing judges on a panel bring new perspectives to a case
-whistleblowe effect with split panels
-judges prefer unanimous decision because it carries more weight

69
Q

partisan election

A

an election in which candidates openly endorsed by political parties are presented to voters for selection

70
Q

peremptory challenge

A

the right of attorneys during jury selection to reject a potential juror without providing a specific reason

71
Q

personal perspective

A

the individual viewpoints, experiences, and biases that judges, lawyers, witnesses, and other participants bring to the legal proceedings

72
Q

petitioner

A

in equity practice, a party that initiates a lawsuit

73
Q

petit jury

A

a jury of 6-12 persons that determines guilt or innocence in a civil or criminal action

74
Q

plain-meaning rule

A

a rule of interpretation which states that words in a contract should be given their ordinary meeting

75
Q

plea bargain (charge or sentence)

A

agreement btw a defendant and a prosecuter, where the defendent agrees to please guilty or no contest in exchange for the prosecutor to drop one or more charges, reducing the charges, or recommending to the judge a specific sentence acceptable to the defense

76
Q

pretrial conference

A

a conference, scheduled before the trial begins, btw the judges and the attorneys litigating the suit. May settle, clarify the issues, schedule discovery, etc

77
Q

pro hac vice

A

“for this occasion” a motion allowing out-of-state attorneys to practice in-state for a specific case or matter

78
Q

realism

A

a legal philosophy that emphasizes the practical effects of legal decisions, as opposed to focusing solely on abstract legal principles. Argue that law is not just a set of fixed rules, but a dynamic and evolving system influenced by social, economic, and political factors

79
Q

reasonably prudent person

A

concept that describes a nonexistent, hypothetical person who is set up as the community ideal of what would be considered reasonable behavior

80
Q

reasoning by example

A

using related examples to draw an overall conclusion

81
Q

remand

A

to send a case back to a lower court to be tried again

82
Q

retention election

A

an election in which voters are asked to confirm or reject a judge’s appointment to office

83
Q

reverse (appellate disposition)

A

the action of overturning or setting aside a lower court’s decision

84
Q

rule of lenity

A

the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant

85
Q

senatorial courtesy

A

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work

86
Q

sovereign immunity

A

the rule that a citizen cannot sue the government without the government’s consent

87
Q

specific intent

A

the desire to commit one wrongful act for the sake of accomplishing another

88
Q

standard of review

A

the amount of deference an appellate court gives to the determinations made by a lower court

89
Q

statute

A

a written law passed by a legislative body

90
Q

strategic model

A

judicial decision-making model that states that the primary guide for judges is their individual policy preferences; however, their preferences are tempered by their consideration of institutional factors, as well as concern over the legitimacy of the court system

91
Q

substantial evidence

A

refers to evidence that a reasonable mind could accept as adequate to support a conclusion

92
Q

substantive canon

A

a rule of statutory interpretation that promotes a particular value or policy

93
Q

territorial jurisdiction

A

the power of criminal courts to hear cases involving crimes committed within their territory

94
Q

textual canon

A

one consideration that may be used in judge’s decision making
“plain meaning” rule

95
Q

vacate

A

the action of setting aside or nullifying a court order, judgement, or decision. When a court vacates a decision, it essentially declares it void or invalid

96
Q

vicarious liability

A

legal doctrine under which a party can be held liable for the wrongful actions of another party. In this scenario, the party being held liable is not directly involved in the wrongful act, but they are being held accountable for the actions of someone acting on their behalf or under their supervision

97
Q

voir dire

A

jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge

poli sci 417 (2 decks)

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