final chapters 11-15 Flashcards
a large organization that is structure hiearchally to carry out specific functions
bureaucracy
a federal, state, or local government unit established to perform a specific function. Administrative agencies are created and authorixaed by legislative bodies to administer and enforce spefici laws
administrative agency
an agency outside the major executive departments charged with making and implemeting rules and regulations
independent regulatory agency
a law the requires all committee-directed federal agencies to conduct their business regularly in public session
government in the sunshine act
laws requiring that existing programs be reviewed regularly for their effectiveness and be terminated unless specifically extended as a result of these reviews
sunset legislation
someone who brings to public attention gross governmental inefficiency or an illegal action
whistleblower
the replacment of government services with services provied by private firms
privatization
judge made law that originated in england from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation
common law
a court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
precedent
to stand on decided cases; the judicial policy of following precedents established by past decisions
stare decisis
law established by legislatures, increasingly have become important of defining the rights and obligations of individuals.
statues
passes by local bodies and usually deal with safety and zoning
ordinances
judicial interpretations of comon law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
case law
authority of a court to decide certain cases.
jurisdiction
a sufficient stake in a matter to justify brining suit.
standing to sue
the court in which most cases begin
trial court
exists when a court’s authority to hear cases is not significantly restricted
general jurisdiction
to engage in a legal proceeding or seek relief in a court of law
litigate
a lawsuite filed by an individual seeking damages for “ all persons similary situated”
class action suit
a brief filed by a third party, who is not directly involves in the litigation but who has an interest in the outsome of the case.
amicus curiae brief
the faceless bureaucracy is the image we americans see our government
true
government corporation has a board of directors and managers, but it doesnt have stockholders
true
public bureaucracies are dependent upon congress for their funding, staffing, and their continued existence
true
the independent regulatory agencies are typically responsible for many types of public policy
false
the independent regulatory agencies are administered independently of all three branches of government
true
government corporations are used when activities are primary commercial
true
governnment corporations has aboard of directors and managers, and stock holders
false
as long a the federal bureaucracy exists, there will be attepmts to make it more open, efficient, and responsive to the needs of the US citizens
true
another approach to bureaucratic reform is privatization , whihc occurs when government services are replaced by services from the private sector
true
the term whistleblower as applied to the federal bureaucracy has a meaning: it is someone who blows the whistle on a gross governmental inefficiency or illegal action
true
congress has the power of the purse and could refuse to authorize or appropriate funds for an agency
true
public bureaucracies supposedly serve the citizenry
true
justices of the supreme court are not elected but appointed by the president and confirmed by the senate
true
the most important poltical force within our judiciary is the US Supreme Court
true
the united states has a dual court system. state and federal cours. each of the 50 states including the district of columbia has its own court system.
true
there are 51 court systems in the US
true
in any court system, before a case cfan be brought before a court, certain requirments must be met; jurisdiction and standing to sue
true
a trial court is a court in which trials are held and testimony is taken
true
the US Supreme court is the highest level of the three tiered model of the federal court system
true
the supreme court hears appeals federal appellate courts and highest state courts
true
both the federal and the state courts have stablished procedural rules that shape the litigation process
true
in most lawsuits, the parties are the plantiff( the person or organization that initiates the law suit), and the defendant( the person or orgnization against whom the lawsuit is brought)
true
of the total number of cases that are decided each year, those reviewed by the supreme court represent less and one half of 1 percent
true
the supreme court decisions profoundl affect our lives
true
an appellate court will challange a trial’s court findings of fact only when the finding is clearly contrary to the evidence presented at trial or when there is no evidence to support the finding
true
what are the sources of american law
constitutions
statutes
ordinances
case law
what are the types of federal courts
trial courts
US courts of appeals
US Supreme court
three common law trditions
common law
precedent
stare decisis
organizational chart of the federal government
constitution legislative branch executive branch judicial branch cabinet departments independent establishments/government coporations
congressional control of the bureaucrcy
oversight
conduct investigations and hold hearings to oversee agency’s actions
ask the GAO or the CBO to investigate a particular agency
can refuse to fund an agency
agency’s enabling legislation
bureacratic reform
government in the sunshine act sunset legislation privatization saving cost through e-government whistleblower?( is this the 5th one)
examples of government corporations
tennessee valley authority
federal deposit insurance coporation
US postal service
examples of administrative agencies
environmental protection agency
nuclear regulatory commission
security and exchange commission