Topic 9 Flashcards
What are the branches of gov’t & their power?
Legislatures- have the power to make laws
Executives- have the power to enforce laws
Courts- have the power to judge cases that arise under the law
Recall Election
A process allowing voters to remove an elected official from office before the end of their term, usually through a special election.
Impeachment
The process by when a legislative body formally charges a government official with misconduct, which may lead to removal from office.
Appointment & Confirmation
The process of selecting individuals for public office positions, often involving a nomination by an executive and confirmation by a legislative body.
Descriptive Representation
The concept that elected representatives should reflect the demographic characteristics of their constituents, such as race, gender, or socioeconomic status.
What are the 2 types of law
Criminal Law
Civwil Law
Criminal Law
Defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.
*involves the government punishing individuals for acts or omissions
Civil Law
Regulates the non-criminal rights, duties of persons and equal legal relations between private individuals.
(For disputes b/t individuals &/or businesses)
Disputes before courts must be _______
Justiciable
Justiciable
A case that is suitable for courts to hear and decide on the merits
*if not justiciable, the court must dismiss it.
Legal decisions regarding questions of law are largely
constrained by______
Precedent
Precedent
-A court decision that serves as authority for deciding subsequent cases with identical or similar facts or legal issues.
-The doctrine of stare decisis, which requires courts to apply the law consistently.
-A decision that sets a likely pattern for similar cases.
(if not precedent-> judges will have a personal philosophies of legal interpretation)
Judicial Restraint
-Procedural or subtantive approach tot he exercise of judicial review
-Generally deferential w/ minimal policymaking role
(Ex: the Supreme Court emphasized its authority to overturn state laws)
Judicial Activism
-Less deferential
-May make bold policy decisions or interpretations
-Embrace courts as a policymaker
-Farsighted institution can have a unique, positive contribution
What are the 2 types of jurisdiction/define
Original jurisdiction (Trial Courts))
-A court’s power to hear a case for the first time
Appellate jurisdiction (Courts of Appeal)
-A court’s power to review decision coming from lower court
-May be either mandatory or discretionary
*Courts may have both
Dual Court System in the U.S.
Federal Courts
-For cases & controversies arising under federal law
State Court Systems
-For legal issues arising under *state law *
-State Law governs most aspects of citizens’ daily lives
General Structure of State Courts
-Court of last resport
-Appellate courts
-Major trial courts
-Courts of limited jurisdiction
Principle of judicial federalism means that state courts get the final say in interpretation of?
-State stautes
-State constructions
Long-running concerns about jury representativeness
-Racial & ethnic minorities often underrepresented
-In part, due to how lists of potential jurors are compiled & also lower response rates among minorities
Grade juirs perform 2 functions:
-review the state’s evidence
-decide whether or not to indict accused
if yes-issue bill of indictment
if no- no bill
What are the 2 kinds of actors on the legal system?
Lay particiipants
-no formal, professional training in role
-“outsider role”
Elite participants
-often (not always) have formal training in law & background in legal profession
-“insider” role
Trial (Petit ) Juries
A jury is supposed to be a representative cross-section of the community
Qualifications for judges
-age requirement
-law license
-judicial experience
-mandatory retirement age
Five principal methods of selecting judges
-appointment by the governor
-appointment/selection by the legislature
-partisan judicial election
-non-parisan juducal election
-merit plan/missouri plan
Advantages of an Appointed Judiciary
-classic arguments for judicial appointment
*low voter knowledge
-judicial independence & insulation
Advantages of an Elected Judiciary
-it’s more democratic
-better descriptive representaion
appointment can’t really “take judes out of politics”
