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PCSI 205 > Final Exam > Flashcards

Final Exam Flashcards

1
Q

Most Americans now consider themselves to be ______

A

Independents

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2
Q

Register to vote at drivers license and welfare agencies is _____

A

Motor Voter Act

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3
Q

Which of the following is a criterion through which jobs are given out in the merit system

A

Competence

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4
Q

In recent years an increasing number of state legislators are considering themselves to be _______________

A

Full-time representatives

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5
Q

Incumbents usually win for all the following reasons except

A

They force quality challengers

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6
Q

Courts are ______ institutions because they _________

A

Political

Resolve conflicts

*thus they make public policy

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7
Q

What determines whether a case is filed in a federal or state court?

A

It is base on whether the infraction involves a federal or state law

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8
Q

The 5 judicial styles of decision-making

A

1) passive appearance
- courts wait for a case
2) special rules of access
3) legal procedures
- motions, written briefs, & oral arguments
4) decisions in specific cases
5) appearance of objectivity
- judges can not use political considerations

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9
Q

Statutory Law

A

Laws that are passed by legislatures that take precedence over common law

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10
Q

Common law

A

Only applied by the courts when no statutory provisions are relevant or when it must be interpreted

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11
Q

Have the ammount of lawyers increased or decreased?

A

Significantly increased

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12
Q

Civil case

A

Disputes between individual or organizations that do not involve law-breaking

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13
Q

Liability

A

Legal responsibility for damages

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14
Q

Tort

A

A civil wrong or injury case involving private parties

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15
Q

Tort reform

A

Capping awards
Restricting “joint and several” liability
Instituting looser pays

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16
Q

Tort:

Proponents vs Opponents

A

Proponents-organizations

Oppinents-lawyers be less cases

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17
Q

Judicial federalism

A

State courts exercise of their authority to interperet their own state constitutions to guarantee protections of individual rights

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18
Q

The supremacy clause

A

Article VI
The federal constitution supersedes state constitutions that bind the judges in every state
BUT state constitutions cover many topics that are not adressed in the constitution

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19
Q

Judicial policy divergance

A

Judicial federalism creates diversity between federal and state law as well as from state to state

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20
Q

Structure of courts

A

State courts comprise a single, integrated judicial system

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21
Q

Minor Trail Courts

A

Key word, MINOR

“Courts of limited jurisdiction”
Lowers level courts 
-traffic courts
-family courts
-policy courts 
-small claims

Presided over by justices of the peace, magistrates, or police judges

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22
Q

Production line style

A

Used in minor trial courts

Decide very quickly (10-15 minutes)

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23
Q

Major trail courts

A

Handle major civil and criminal cases from statutes, common law, and constitutions

  • district courts
  • circuit courts
  • criminal courts
  • common pleas courts

Prosecutor- state attorney or district attorney

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24
Q

Pros and Cons to a small Juries

A

Pros - saves time and money
Cons- a propensity to lack diversity

Jurors must be a resident and 18+

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25
Q

Public Defenders

A

If arrested, if you cannot afford an attorney you must be provided one by the state

Gideon vs Wainwright 1963

26
Q

Appellate courts, district courts, and state supreme courts

A

Courts of last resort

Consider questions of law rather than questions of facts

27
Q

Indiana State Supreme Court

A

5 total justices

1 Chief Justice + 4 associate justices
-Loretta Rush

28
Q

States options of making a judge

A

1) partisan election
2) non partisan election
3) appointment by the governor
4) legislative selection (not used often)
5) appointment-retention election plan

29
Q

Partisan & Nonpartisan Elections

A
  • Few incumbent judges are ever defeated
  • majority run unopposed
  • benefits of: title of judge, record of action, low information elections
30
Q

Judges appointment by governor

A
  • Allows independence and isolation from district political invdvement BUT it forces judges into political relationships
  • voters are not able to evaluate “legal” qualifications
31
Q

Appointment-retention election plan

A
  • governor appoints the judges
  • judge serves a short period of time
  • election allows people to confirm or remove judge
  • judge is rarely removed
32
Q

Nearly _____ of citizens live in urban areas

A

2/3

33
Q

Service function

A
  • supplying goods and services

- police protection and sewage disposal

34
Q

Political Function

A
  • managing conflict over public policy

- where do we put things? (Libraries, Police, etc)

35
Q

Residential mobility theories

Push factors
Pull factors

Stay or move?

A

Theories based on a rational calculation of personal costs and benefits

Push:
Crime
Congestion 
Noise
Racial conflict 
Etc

Pull:
More space
Larger houses
Better schools

Stay or move? Based on:
SES
race
Immigrant status 
City/rural residents
36
Q

True or False

States may not create or destroy any or all units of local government

A

False. They can

37
Q

County Government

A
  • created by the state
  • primarily performs functions of the state (administrative arm)
  • marriage license, birth certificates, death certificates, etc
38
Q

City government

A
  • granted a charter
  • primarily serves local residents
  • responsible for sanitation, sidewalks, parks, roads, etc
39
Q

General purpose vs. special purpose

A

General : counties, cities, and townships

Special : school districts and other special districts

40
Q

Rural vs urban government functions

A

Rural county government is the traditional administrative subdivisions of the state government

Urban county government preforms the traditional plus contemporary urban services like mass transit, convention centers, airports, pollution control, etc

41
Q

County governments are also known as :

A

Boroughs in Alaska

Parishes in Louisiana

42
Q

_____ counties in Indiana

A

92

43
Q

Municipal corporations

A

Boundaries, power, and functions come from the state

44
Q

Charters

A

A license to operate as a city granted to a community by the state

Grants powers of local self-government

State have power to take away or alter

45
Q

Main forms of city government

Which do we have?

A

1) commission
2) council-manage
3) mayor-council

46
Q

Commission

Pros and cons

A
  • has both legislative and executive powers
  • decisions are split between commissions and other elected/hired officials
  • pros: responsibility: fragmented and dispersed
  • cons: lacks efficiency and accountability
47
Q

Council-manage

Pros and cons

A
  • Distinguished legislative “policy making” and executive “administration” in the city
  • elected council-policy making
  • appointed manager-professional administration
  • pros: more politically neutral
  • cons: less voter influence

*used by 55% of US cities

48
Q

Mayor-Council

A

-designed to separate the powers of the legislative and executive

  • mayor : executive
  • council : legislative
  • pros: Stong mayor-council in large cities
  • cons: weak mayor-councils in small cities
49
Q

Town meetings are what form of government

A

Democracy

50
Q

At large elections

A

All council members run citywide and are voted on by all voters in the city

51
Q

Single member district elections

A

You can vote once which is basses off of what district you live in

52
Q

Combination elections

A

You can vote for all of the at-large position but only one of the district-based council seats

Ex) Columbus & Fort Wayne Indiana

53
Q

True or false:

Most cities hold nonpartisan elections

A

True

54
Q

Nonpartisan elections

Taking out partisanship tends to benefit:

A

1) Republican candidates
2) Middle-class candidates
3) Incumbents

55
Q

Without party systems, __________________ and _____________ are more important

A

Civic organizations & independent community groups

56
Q

Citizen Participation

A

Communitarian values emphasize direct citizen participation in community affairs

57
Q

Citizen participation usually focuses on ——- but there are potentially ______

A

Positives. Negative

58
Q

Consolidated government

A

Unigov

59
Q

Local elections citizen participation

A 
Lower turnout
Less party allegiance 
More group identities 
More group interests
Less media 
Wider variety of candidates
60
Q

Many local governments hold municipal elections at odd times of the year

Pros and cons

A

Pros:

  • Separating local issues from state/national issues
  • minimizing coattails/punishment

Cons:

  • reduces voter turnout
  • increases disproportionate influence
61
Q

Local Referenda Voters

A

1) Initiative- Potition
2) Referendum- Ballot
3) Recall- Take someone out of office

62
Q

New connections with citizens

A

Interactive web site

Government access cable television stations

PCSI 205 (2 decks)

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