test2 Flashcards
amicus curiae
friend of the court
appellate court
reviews cases already decided by a lower or trial court
appellate jurisdiction
the power of a court to hear a case
associate justice
a member of the Supreme Court who is not the chief justice
brief
a written legal argument
chief justice
highest ranking justice on the supreme court
circuit courts
the appeals court of the federal court system that review decisions of the lower courts
civil law
a non criminal law defining private rights and remediws
common law
the pattern of law developed by judges through case decisions largely based on precedent
concurring opinion
an opinion written by a justice who agrees with the courts majority opinion but has different reasons for doing so
court of appeals
the appelate courts of the federal court system that reviews lower court rules
criminal law
a law that prohibits actions that could harm or endanger others and establishes punishment for those actions
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the court
district courts
the trial courts of the federal court system where the cases are tried eveidence is presented and witness testimony is heard
docket
the list of cases peninding on a courts calendar
dual court system
the division of the courts into two seperate systems on federal and one states
judicial activism
a judicial philosophy in which a justce is more likely to overturn decisions or rule actions by the other branches unconstitutional
judicial restraint
a philosophy in which justice is more liekly to let stand the decisions or actions of the other branches
judicial review
the power of the courts to review actions taken by the other courts
majority opinion
an option of the court with which more than half the nine justices agree
Marbury vs madison
the 1803 supreme court case that established the courts power of judicial review and the first time the supreme court ruled an act of congress to be unconstitutional
oral argument
words spoken before the supreme court explaining the legal reasons behind thier position in a case and why it should prevail
original jurisdiction
the power of a court to hear a case for the first time
precedent
the pricipals or guidelines established by courts in earlier cases that frame the ongoing operartion of the courts
rule of four
a supreme court custom in which a case will be heard when four justices decide to do so
senatorial courtesy
an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there
solicitor general
the lawyer who representes the federal government and argues some cases before the supreme court
stare decisis
the pricipal by which courts rely on past decisions and thier precedents when making decisions in new cases
trial court
the level of court in which a case starts or is frist tried
writ of certiorari
an order of the supreme court calling up the records of the lower court so a case may be reviewed
bureaucracy
an adminstrative group of nonelected officials charged with carrying out funtions connected to a series of policies and programs
bureaucrats
the civil servants or political appointees who fill nonelected positions in government and make up the bureaucracy
civil servants
the individuals who fill nonelected positions in government and make up the bureacracy
government corporation
a corporation that fulfills an important public interest and is therfore overseen by government authorities to a much larger degree than private business
merit system
a system of filling civil service positions by using competitive examinations to value experience and competence over political loyalties
negotiated rulemaking
a rule making process in which neutral advisors convene a committee of those who have vested intrests in the proposed rules and help the committee reach a consensus
patronage
the ues of government positions to reward individuals for thier political support
pay schedule
a chart that shows salary ranges for different levels of positions vertically and for different ranks of seniority horizontally
privatization
measures that incorporate the market forces of the private sector into the function of government to varying degrees
public administration
the implementation of public policy as well as the academic study that prepares civil servants to work in government
red tape
the mechanisms procedures and rules that must be followed to get something done
spoils system
a system that rewards political loyalties or party support during elections with bureaucratic appointments after victory
whistleblower
a person who publicizes misdeeds committed within a bureaucracy or other organization
bottom up implementation
a strategy in which the federal governmet allows local areas some flexibility to meet thier specific challenges and needs in implementing policy
congressional budget office
the congressional office that scores the spending or revenue impact of all proposed legislation to assess its net effect on the budget
debt
the total amount the govenment owes across al years
deficit
the annual amount by which expenditures are greater than revenues
discretionary spending
government spending that congress must pass legislation to authorize each year
distributive policy
a policy that collects payments or resources broadly but concentrates direct benefits on releatively few
entitlement
a program that guarantees benefits to members of a specific group or segment of the population
excise taxes
taxes applied to specific goods or services as a source of revenue
free market economics
a school of thought that belives the forces of sopplu and demand working without any governement intervention are the most effective way for markets to operate
keynesian economics
an economic policy based on the idea that economic growth is closely tied to the ability of individuals to consume goods
laissez faire
an economic policy that assumes the key to economic growth and development is for the government to allow private markets to operate efficently without interference
libertarians
people who belive that government almost always operate less efficiently than the private sector and that its action shoild be kept to a minimum
mandatory spending
governmengt spending marked for entitlement programs guaranteeing support to those who meet certain qualifications
medicaid
a health insurance program for low income citizens
medicare
an entitlement health insurance program for older people and retirees who no longer get health insurance through thier work
policy advocates
people who activly work to propose or maintain public policy
policy analysts
pible choices available to a decisions maker and asses the potential impact of each
progressive tax
a tax that tends to increase the effective tax rate as wealth or income of the tax payer increases
public policy
the broad strategy government uses to do its job the relatively stable set of purposive governmental behaviors that address matters of concern to some part of society
recession
a temporary contraction of the economy in which there is no economic growth for two consecutive quarters
redistributive policy
a policy in which costs are born by a relatively small number og groups or individuals but benefits are expected to be enjoyed by a different group in society
regressive tax
a tax applied at a lower overall rate as individuals income rises
regulatory policy
a policy that regulates companies and organizations in a way that protects the public
safety net
a way to provide for members of society experiencing economic hardship
supply side economics
an economicpolicy that assumes economic growth is largely a function of a countrys productive capacity
top down implementation
a strategy in which the federal government dictates the specifics of public policy and each state implements it in the same exact way
balance of power
a situation in which no one nation or region is much more powerful militarily than any other in the world
balance of trade
the relationship between a countrys inflow and outflow of goods
cold war
the period from shortly after wwII until approxiamately 1989-1990
congressional executive agreement
aninternational agreement that is not a treaty and that is negociated by the president and approved by a simply majority of the house and senate
containment
the effort by the united states and western european allies begun during the cold war to prevent the spread of communism
diplomacy
the establishment and maintenance of a formal relationsship between countries
foreign policy
a governments goals in dealing with other countries or reions and the straegy used to achieve them
free trade
a policy in which a country allows the unfettered flow of goods and services between itself and other countries
hard power
the use or threat of military power to influence the behavior of another country
isolationism
a foriegn policy approach that advocates a nations staying out of foriegn entaglements and keeping to itself
liberal internationalism
a foreign policy approach of becoming proactively engaged in world affairs by cooperating in a community of nations
neo isolation
a policy of distancing the united states from the UN and other international orgs while still participating in the world economy
neoconservativism
the belief that rather than exercising restraint the united states should aggressivley use its might to promote its values and ideals around the world
NATO
a cross national military org with basis in beggium and germany formed to maintain stabilityin europe
protectionism
a policy in which a country does not permit other countries to sell goods and services within its borders or charges then very high tariffs to do so
selective engagement
a policy of retaining a strong military presence and remaining engaged across the world
soft power
nonmilitary tools used to influence another country such as economic sanctions
sole executive agreement
an international agreement that is not a treaty and that is negotiated and approved by the president acting alone
treaty
an international agreement entered by the US that requires presidential megociation with other nations consent by two thords of the sentaeand final ratification by the president
two presidencies thesis
the thesis by wildavsky that there are two distinct precidencies one for foreign and one for domestic policy and that presidents are more successful in foreign than domestic policy
UN
international org that seeks to promote peace international relations and economic and environmental programs
explain the theories of judical activism and judica restraint indicating your preference and why
Judicial activism is the need to defend individual rights and liberties and stop actions of laws or governments that infringe upon them. Judicial restraint differs decisions to elected branches of government and focuses on the Bill of Rights. I prefer the first as it is a better representation of the law and the legal system.
What are some suggested solutions to the anticipated SS shortfall? why havent these solutions tended to gain support
One solution was to privatize the program but it failed to pass. There are also suggestions of raising the retirement age increasing payroll taxes. These have not been able to gain any favor in congress. These solutions are not popular because of the direct financial effect on peoples income.
Which is more important as an influencer or foreign policy the president or a cabinet department like the department of state or defense hy?
The president has the largest influence on foreign policy due to the ability to veto laws and give executive orders which the other deppartments focus on legislators and cabinet members to make the choices.
