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Intro to American Gov > Final > Flashcards

Final Flashcards

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1
Q

Criminal Law

A

The branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law)

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2
Q

Civil Law

A

A system of jurisprudence, including private law and governmental actions, for settling disputes that do not involve criminal penalties

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3
Q

Precedents

A

Prior cases whose principles are used by judges as the bases for their decisions in present cases

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4
Q

Public Law

A

Cases involving the action of public agencies or officials

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5
Q

Trial Court

A

The first court to hear a criminal or civil case

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6
Q

Court of Appeals (Appellate Court)

A

A court that hears the appeals of trial-court decisions

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7
Q

Supreme Court

A

The highest court in a particular state or in the United States. This court primarily serves an appellate function

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8
Q

Jurisdiction

A

The domain over which an institution or member of an institution has authority

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9
Q

Due Process

A

Proceeding according to law and with adequate protection for individual rights

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10
Q

Writ of Habeas Corpus

A

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas Corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

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11
Q

Chief Justice

A

The Justice on the Supreme Court who presides over the court’s public sessions

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12
Q

Senatorial Courtesy

A

The practice whereby the president, before formally nominating a person for a federal district judgeship, finds out whether the senators from the candidate’s state support the nomination

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13
Q

Judicial Review

A

The power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional

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14
Q

Supremacy Clause

A

A clause of Article VI of the constitution that states that all laws passed by government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or subdivision

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15
Q

Ripeness

A

A case that is ready for litigation and does not depend on hypothetical future events

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16
Q

Standing

A

The right of an individual or organization to initiate a court case

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17
Q

Mootness

A

A criterion used by courts to avoid hearing cases that no longer require a resolution

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18
Q

Writ of Certiorari

A

A formal request by an appellant to have the Supreme Court review a decision of a lower court (Certiorari: latin for make more certain)

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19
Q

Amicus Curiae

A

“Friend of the Court,” an individual or group that is not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief

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20
Q

Brief

A

A written document in which an attorney explains - using case precedents - why a court should rule in favor of his or her client

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21
Q

Oral Argument

A

The stage in Supreme Court proceedings in which attorneys for both sides appear before the court to present their positions and answer questions posed by the justices

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22
Q

Opinion

A

The written explanation of the Supreme Court’s decision in a particular case

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23
Q

Concurrence

A

An opinion agreeing with the decision of the majority but not with the rationale provided in the majority opinion

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24
Q

Dissenting Opinion

A

A decision written by a justice who voted with the minority opinion in a particular case, in which the justice fully explains the reasoning behind his or her opinion

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25
Q

Judicial Restraint

A

The judicial philosophy whose adherents refuse to go beyond the text of the Constitution in interpreting its meaning

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26
Q

Judicial Activism

A

The judicial philosophy that posits that the Court should see beyond the text of the Constitution in interpreting its meaning

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27
Q

Judicial Activism

A

The judicial philosophy that posits that the court should see beyond the text of the constitution or statute to consider broader societal implications for its decisions

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28
Q

Class-Action Suit

A

A lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit, as when hundreds of workers join together to sue a company

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29
Q

Civil Liberties

A

The protections of citizens from improper governmental action

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30
Q

Civil Rights

A

The legal or moral claims that citizens are entitled to make on the government

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31
Q

Strict Scrutiny

A

The most stringent standard of judicial review of a government’s actions in which the government must show that the law serves a “compelling state interest”

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32
Q

Exclusionary Rule

A

The ability of courts to exclude evidence obtained in violation of the Fourth Amendment

33
Q

Miranda Rule

A

The convention derived from the Supreme Court’s 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights

34
Q

Establishment Clause

A

The First Amendment clause says, “Congress shall make no law respecting an establishment of religion.” This law means that a wall of separation exists between church and state

35
Q

Lemon Test

A

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissable if it is secular in purpose, does not lead to “excessive entanglement” with religion, and neither promotes nor inhibits the practice of religion

36
Q

Speech plus

A

Speech accompanied by activities such as sit-ins, picketing, and demonstrations, Protection of this form of speech under the first amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

37
Q

Prior Restraint

A

An effort by a government agency to block the publication of material they deem libelous or harmful in some way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

38
Q

Libel

A

A written statement made in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”

39
Q

Slander

A

An oral statement made in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”

40
Q

Fighting Words

A

Speech that directly incites damaging conduct

41
Q

Due Process

A

Proceeding according to law and with adequate protection for individual rights

42
Q

Grand Jury

A

A jury that determines whether sufficient evidence is available to justify trial. Grand juries do not rule on the accused’s guilt or innocence

43
Q

Right to Privacy

A

The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

44
Q

Equal Protection Clause

A

The provision of the 14th amendment guaranteeing citizens “the equal protection of the laws.” This clause has served as the basis for the civil rights of African Americans, women, and other groups

45
Q

“Separate but Equal” Rule

A

The doctrine that public accommodations could be segregated by race but must still be equal

46
Q

De Jure Segregation

A

Racial segregation that is a direct result of a law or official policy

47
Q

De Facto Segregation

A

Racial segregation that is not a direct result of a law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

48
Q

Intermediate Scrutiny

A

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

49
Q

Affirmative Action

A

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

50
Q

Incumbency

A

Holding the political office for which one is running

51
Q

Casework

A

An effort by members of congress to gain the trust and support of constituents by providing personal services. One important type of casework comprises helping constituents obtain favorable treatment from the federal bureaucracy

52
Q

Patronage

A

The resources available to higher officials, usually opportunities to make partisan appointments to offices and to confer grants, licenses, or special favors to supporters

53
Q

Pork-Barrel Legislation

A

The appropriations made by legislative bodies for local projects that are often not needed but are created so that local representatives can carry their home district in the next election

54
Q

Gerrymandering

A

the redrawing of voting districts to give an unfair advantage to a political party

55
Q

Monetary Policy

A

Policies to regulate the economy through the manipulation of the supply of money, the price of money (interest rate), and the availability of credit

56
Q

Federal Reserve System

A

A system of 12 Federal Reserve Banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation

57
Q

Reserve Requirement

A

The amount of liquid assets and ready cash that the Federal Reserve requires banks to hold to meet depositors’ demands for their money

58
Q

Open-Market Interactions

A

The process whereby the Open Market Committee of the Federal Reserve buys and sells government securities, etc. to help finance government operations and to reduce or increase the total amount of money circulating in the economy

59
Q

Federal Funds Rate

A

The interest rate on loans between banks that the Federal Reserve Board influences by affecting the supply of money available

60
Q

Fiscal Policy

A

Policies to regulate the economy through taxing and spending powers

61
Q

Progressive Taxation

A

Taxation that hits the upper income brackets more heavily

62
Q

Regressive Taxation

A

Taxation that hits the lower income brackets more heavily

63
Q

Budget Deficit

A

The amount by which government spending exceeds government revenue in a fiscal year

64
Q

Mandatory Spending

A

Federal spending that is made up of “uncontrollables”, budget items that cannot be controlled through regular budget processes. Some uncontrollables, such as the interest on the debt, are beyond the power of congress because the terms of payments are set in contracts

65
Q

Discretionary Spending

A

Federal spending on programs that are controlled through the regular budget process

66
Q

Subsidy

A

A government grant of cash or other valuable commodities, such as land, to an individual or organization; used to promote activities desired by the government, to reward political support, or to buy off political opposition

67
Q

Contracting Power

A

The power of government to set conditions on companies seeking to sell goods or services to government agencies

68
Q

Contributory Program

A

A social program financed in whole or in part by taxation or other mandatory contributions by its present or future recipients. The most important example is Social Security, which is financed by a payroll tax

69
Q

Social Security

A

A contributory welfare program into which working Americans contribute a percentage of their wages and from which they receive cash benefits after retirement

70
Q

Indexing

A

The process of periodically adjusting social benefits or wages to account for increases in the cost of living

71
Q

Medicare

A

National health insurance for the elderly and for the disabled

72
Q

Noncontributory Program

A

A social program that assists people based on demonstrated need rather than by contributions they have made. Also know as a public assistance program

73
Q

Temporary Assistance to Needy Families (TANF)

A

Federal funds for children in families that fall below state standards of need

74
Q

Means Testing

A

A procedure that determines eligibility for government public-assistance programs. A potential beneficiary must show a need and an inability to provide for that need

75
Q

Medicaid

A

A federally financed, state-operated program providing medical services to low-income people

76
Q

Supplemental Security Income (SSI)

A

A program providing a minimum monthly income to people who pass a means test and who are 65 years old or older, blind, or disabled. Financed from general revenues that are not Social Security contributions

77
Q

Food Stamps

A

The largest in-kind benefits program, administered by the Department of Agriculture for individuals and families who satisfy a means test. Food stamps can be used to buy food at most grocery stores.

78
Q

In-Kind Benefits

A

Goods and services provided to needy individuals and families by the federal government, as contrasted with cash benefits. The largest in-kind federal welfare program is food stamps

79
Q

Entitlement

A

The eligibility for benefits by virtue of a category of benefits defined by law. Categories can be changed only by legislation; deprivation of individual benefits can be determined only through due process in court

Intro to American Gov (2 decks)

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