Topic 9

Question 1

What are the branches of gov’t & their power?

Answer 1

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

Question 2

Recall Election

Answer 2

A process allowing voters to remove an elected official from office before the end of their term, usually through a special election.

Question 3

Impeachment

Answer 3

The process by when a legislative body formally charges a government official with misconduct, which may lead to removal from office.

Question 4

Appointment & Confirmation

Answer 4

The process of selecting individuals for public office positions, often involving a nomination by an executive and confirmation by a legislative body.

Question 5

Descriptive Representation

Answer 5

The concept that elected representatives should reflect the demographic characteristics of their constituents, such as race, gender, or socioeconomic status.

Question 6

What are the 2 types of law

Answer 6

Criminal Law
Civwil Law

Question 7

Criminal Law

Answer 7

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

Question 8

Civil Law

Answer 8

Regulates the non-criminal rights, duties of persons and equal legal relations between private individuals.
(For disputes b/t individuals &/or businesses)

Question 9

Disputes before courts must be _______

Answer 9

Justiciable

Question 10

Justiciable

Answer 10

A case that is suitable for courts to hear and decide on the merits
*if not justiciable, the court must dismiss it.

Question 11

Legal decisions regarding questions of law are largely
constrained by______

Answer 11

Precedent

Question 12

Precedent

Answer 12

-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)

Question 13

Judicial Restraint

Answer 13

-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)

Question 14

Judicial Activism

Answer 14

-Less deferential
-May make bold policy decisions or interpretations
-Embrace courts as a policymaker
-Farsighted institution can have a unique, positive contribution

Question 15

What are the 2 types of jurisdiction/define

Answer 15

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

Question 16

Dual Court System in the U.S.

Answer 16

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

Question 17

General Structure of State Courts

Answer 17

-Court of last resport
-Appellate courts
-Major trial courts
-Courts of limited jurisdiction

Question 18

Principle of judicial federalism means that state courts get the final say in interpretation of?

Answer 18

-State stautes
-State constructions

Question 19

Long-running concerns about jury representativeness

Answer 19

-Racial & ethnic minorities often underrepresented
-In part, due to how lists of potential jurors are compiled & also lower response rates among minorities

Question 20

Grade juirs perform 2 functions:

Answer 20

-review the state’s evidence
-decide whether or not to indict accused
if yes-issue bill of indictment
if no- no bill

Question 20

What are the 2 kinds of actors on the legal system?

Answer 20

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

Question 20

Trial (Petit ) Juries

Answer 20

A jury is supposed to be a representative cross-section of the community

Question 21

Qualifications for judges

Answer 21

-age requirement
-law license
-judicial experience
-mandatory retirement age

Question 22

Five principal methods of selecting judges

Answer 22

-appointment by the governor
-appointment/selection by the legislature
-partisan judicial election
-non-parisan juducal election
-merit plan/missouri plan

Question 23

Advantages of an Appointed Judiciary

Answer 23

-classic arguments for judicial appointment
*low voter knowledge
-judicial independence & insulation

Question 24

Advantages of an Elected Judiciary

Answer 24

-it’s more democratic
-better descriptive representaion
appointment can’t really “take judes out of politics”