Politics Final Flashcards
Criminal Law
Law that involves the violations of public rights and duties, which create a social harm
Civil Law
Matters that are considered private concerns between individuals. Laws such as personal injury, contracts, property and administrative laws.
Stare Decisis
a legal doctorine stating that a high court should follow its own prior decision in future cases.
Amicus Curiae
someone, not a party to a case, volunteers to offer information to assist a court in deciding a matter.
Trial courts
courts you normally think of. Hear witnesses and evidence, jury or judge makes a decision
Appellate Courts
deals with lower courts rulings. Does Not normally hear evidence or witnesses. Only judges make a decision
Jurisdiction
whether or not a court has the power to hear a given case
Federal Courts
will hear cases that involve issues touching on the constitution or other federal laws
Habeas Corpus
a writ that is used to bring a party who has been criminally convicted
Due Process
Guarantees fairness before the government may deprive a person of life, liberty or property
Original Jurisdiction
court has the power to hear a case for the first time
Court Packing Plan
The Judicial Procedures Reform Bill of 1937 (frequently called the “court-packing plan”) was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court.
Judicial Review
Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison
Marbury v Madison
a court may declare an act of Congress void if it is inconsistent with the laws of the constitution
Standing
The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed
Judicial Restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
Judicial Activism
'’Judicial activism’’ refers to judicial rulings suspected(s) of being based on personal or political considerations rather than on existing law.
Goals of american social policy
(1) they protect citizens against the risks and insecurities that most people face over the course of their lives; (2) they promote equality of opportunity; and (3) they alleviate poverty. -
Poverty programs prior to the Great Depression
Prior to the Great Depression, poverty in the United States was not seen as responsibility of the government and was often left to religious and other charitable organizations
Contributory Programs
Social programs financed by taxation by present or future members. Like social security and medicare
Non Contributory Programs
social program that aids people in need rather. (don’t have to contribute to benefit) Examples, TANF and Medicaid
Indexing
Process of periodically adjusting social benefits or wages to account for increases in the cost of living.
Means Testing
A method for determining whether someone qualifies for a financial-assistance program
Purpose of SS
The Social Security program’s benefits include retirement income, disability income, Medicare and Medicaid, and death and survivorship benefits