test2 Flashcards

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1
Q

amicus curiae

A

friend of the court

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2
Q

appellate court

A

reviews cases already decided by a lower or trial court

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3
Q

appellate jurisdiction

A

the power of a court to hear a case

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4
Q

associate justice

A

a member of the Supreme Court who is not the chief justice

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5
Q

brief

A

a written legal argument

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6
Q

chief justice

A

highest ranking justice on the supreme court

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7
Q

circuit courts

A

the appeals court of the federal court system that review decisions of the lower courts

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8
Q

civil law

A

a non criminal law defining private rights and remediws

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9
Q

common law

A

the pattern of law developed by judges through case decisions largely based on precedent

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10
Q

concurring opinion

A

an opinion written by a justice who agrees with the courts majority opinion but has different reasons for doing so

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11
Q

court of appeals

A

the appelate courts of the federal court system that reviews lower court rules

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12
Q

criminal law

A

a law that prohibits actions that could harm or endanger others and establishes punishment for those actions

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13
Q

dissenting opinion

A

an opinion written by a justice who disagrees with the majority opinion of the court

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14
Q

district courts

A

the trial courts of the federal court system where the cases are tried eveidence is presented and witness testimony is heard

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15
Q

docket

A

the list of cases peninding on a courts calendar

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16
Q

dual court system

A

the division of the courts into two seperate systems on federal and one states

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17
Q

judicial activism

A

a judicial philosophy in which a justce is more likely to overturn decisions or rule actions by the other branches unconstitutional

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18
Q

judicial restraint

A

a philosophy in which justice is more liekly to let stand the decisions or actions of the other branches

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19
Q

judicial review

A

the power of the courts to review actions taken by the other courts

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20
Q

majority opinion

A

an option of the court with which more than half the nine justices agree

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21
Q

Marbury vs madison

A

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

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22
Q

oral argument

A

words spoken before the supreme court explaining the legal reasons behind thier position in a case and why it should prevail

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23
Q

original jurisdiction

A

the power of a court to hear a case for the first time

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24
Q

precedent

A

the pricipals or guidelines established by courts in earlier cases that frame the ongoing operartion of the courts

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25
Q

rule of four

A

a supreme court custom in which a case will be heard when four justices decide to do so

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26
Q

senatorial courtesy

A

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there

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27
Q

solicitor general

A

the lawyer who representes the federal government and argues some cases before the supreme court

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28
Q

stare decisis

A

the pricipal by which courts rely on past decisions and thier precedents when making decisions in new cases

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29
Q

trial court

A

the level of court in which a case starts or is frist tried

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30
Q

writ of certiorari

A

an order of the supreme court calling up the records of the lower court so a case may be reviewed

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31
Q

bureaucracy

A

an adminstrative group of nonelected officials charged with carrying out funtions connected to a series of policies and programs

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32
Q

bureaucrats

A

the civil servants or political appointees who fill nonelected positions in government and make up the bureaucracy

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33
Q

civil servants

A

the individuals who fill nonelected positions in government and make up the bureacracy

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34
Q

government corporation

A

a corporation that fulfills an important public interest and is therfore overseen by government authorities to a much larger degree than private business

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35
Q

merit system

A

a system of filling civil service positions by using competitive examinations to value experience and competence over political loyalties

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36
Q

negotiated rulemaking

A

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

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37
Q

patronage

A

the ues of government positions to reward individuals for thier political support

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38
Q

pay schedule

A

a chart that shows salary ranges for different levels of positions vertically and for different ranks of seniority horizontally

39
Q

privatization

A

measures that incorporate the market forces of the private sector into the function of government to varying degrees

40
Q

public administration

A

the implementation of public policy as well as the academic study that prepares civil servants to work in government

41
Q

red tape

A

the mechanisms procedures and rules that must be followed to get something done

42
Q

spoils system

A

a system that rewards political loyalties or party support during elections with bureaucratic appointments after victory

43
Q

whistleblower

A

a person who publicizes misdeeds committed within a bureaucracy or other organization

44
Q

bottom up implementation

A

a strategy in which the federal governmet allows local areas some flexibility to meet thier specific challenges and needs in implementing policy

45
Q

congressional budget office

A

the congressional office that scores the spending or revenue impact of all proposed legislation to assess its net effect on the budget

46
Q

debt

A

the total amount the govenment owes across al years

47
Q

deficit

A

the annual amount by which expenditures are greater than revenues

48
Q

discretionary spending

A

government spending that congress must pass legislation to authorize each year

49
Q

distributive policy

A

a policy that collects payments or resources broadly but concentrates direct benefits on releatively few

50
Q

entitlement

A

a program that guarantees benefits to members of a specific group or segment of the population

51
Q

excise taxes

A

taxes applied to specific goods or services as a source of revenue

52
Q

free market economics

A

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

53
Q

keynesian economics

A

an economic policy based on the idea that economic growth is closely tied to the ability of individuals to consume goods

54
Q

laissez faire

A

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

55
Q

libertarians

A

people who belive that government almost always operate less efficiently than the private sector and that its action shoild be kept to a minimum

56
Q

mandatory spending

A

governmengt spending marked for entitlement programs guaranteeing support to those who meet certain qualifications

57
Q

medicaid

A

a health insurance program for low income citizens

58
Q

medicare

A

an entitlement health insurance program for older people and retirees who no longer get health insurance through thier work

59
Q

policy advocates

A

people who activly work to propose or maintain public policy

60
Q

policy analysts

A

pible choices available to a decisions maker and asses the potential impact of each

61
Q

progressive tax

A

a tax that tends to increase the effective tax rate as wealth or income of the tax payer increases

62
Q

public policy

A

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

63
Q

recession

A

a temporary contraction of the economy in which there is no economic growth for two consecutive quarters

64
Q

redistributive policy

A

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

65
Q

regressive tax

A

a tax applied at a lower overall rate as individuals income rises

66
Q

regulatory policy

A

a policy that regulates companies and organizations in a way that protects the public

67
Q

safety net

A

a way to provide for members of society experiencing economic hardship

68
Q

supply side economics

A

an economicpolicy that assumes economic growth is largely a function of a countrys productive capacity

69
Q

top down implementation

A

a strategy in which the federal government dictates the specifics of public policy and each state implements it in the same exact way

70
Q

balance of power

A

a situation in which no one nation or region is much more powerful militarily than any other in the world

71
Q

balance of trade

A

the relationship between a countrys inflow and outflow of goods

72
Q

cold war

A

the period from shortly after wwII until approxiamately 1989-1990

73
Q

congressional executive agreement

A

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

74
Q

containment

A

the effort by the united states and western european allies begun during the cold war to prevent the spread of communism

75
Q

diplomacy

A

the establishment and maintenance of a formal relationsship between countries

76
Q

foreign policy

A

a governments goals in dealing with other countries or reions and the straegy used to achieve them

77
Q

free trade

A

a policy in which a country allows the unfettered flow of goods and services between itself and other countries

78
Q

hard power

A

the use or threat of military power to influence the behavior of another country

79
Q

isolationism

A

a foriegn policy approach that advocates a nations staying out of foriegn entaglements and keeping to itself

80
Q

liberal internationalism

A

a foreign policy approach of becoming proactively engaged in world affairs by cooperating in a community of nations

81
Q

neo isolation

A

a policy of distancing the united states from the UN and other international orgs while still participating in the world economy

82
Q

neoconservativism

A

the belief that rather than exercising restraint the united states should aggressivley use its might to promote its values and ideals around the world

83
Q

NATO

A

a cross national military org with basis in beggium and germany formed to maintain stabilityin europe

84
Q

protectionism

A

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

85
Q

selective engagement

A

a policy of retaining a strong military presence and remaining engaged across the world

86
Q

soft power

A

nonmilitary tools used to influence another country such as economic sanctions

87
Q

sole executive agreement

A

an international agreement that is not a treaty and that is negotiated and approved by the president acting alone

88
Q

treaty

A

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

89
Q

two presidencies thesis

A

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

90
Q

UN

A

international org that seeks to promote peace international relations and economic and environmental programs

91
Q

explain the theories of judical activism and judica restraint indicating your preference and why

A

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.

92
Q

What are some suggested solutions to the anticipated SS shortfall? why havent these solutions tended to gain support

A

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.

93
Q

Which is more important as an influencer or foreign policy the president or a cabinet department like the department of state or defense hy?

A

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.