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34 Cards in this Set

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Bureaucracy
a system of organization and control based on the pricniples of hierarchical authority, job specialization and formalized rules.
Hierarchial Authority
refers to the chain of command within an organization whereby officials and units have control over those below them.
Job Specialization
holds that the responsibilities of each job position should be explicitly defined and that a precise devision of labor within the organization should be maintained.
Formalized Rules
refers to the standardized procedures and established regulations by which a bureaucracy conducts its operations
Formalized Rules
refers to the standardized procedures and estabished regulations by which a bureaucracy conducts its operations
Types of Administrative Organization
Cabinet Departments - Independent Agencies - Regulatory Agencies - Government Corps - Presedential Commissions
Cabinet Dept.
Department of State, Homeland Security
Independent Agencies
NASA and the CIA
Regulatory Agencies
FCC and the EPA
Government Corps
US Postal Service and Amtrak
Presidential Commssions
Commission on Fine Arts
The Federal Bureaucracys Policy Responsibilities
Policy Implementation (administration) - Rulemaking
The Agency Point of View
the tendency of bureaucrats to place the interests of their agency ahead of other interests and ahead of the priorities sought by the president of congress
Sources of Bureaucratic Power
The Power of Expertise - The Power of Clinetele Groups - the Power of Friends in High Places
Accountability of Federal Bureaucracies
Congress (Budget allocation)
President (Appointments and possible reorganization)
Whistle Blowing
an internal check on the bureaucracy whereby individual bureaucrats report instances of mismanagement that they observe.
Jurisdiction
a given courts authority to hear cases of a particular kind
State Courts vs. Federal Courts
95% of cases are settled at the state level
Original Jurisdiction vs. Appellate Jurisdiction
must appeal your way to the Supreme courts (final appeal)
Precedent
a judicial decision in a given case that serves as a rule of thumb for settling subsequent cases of a similar nature; courts are generally expected to follow precedent
Judicial Activism
the docitrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with the policy decisions of the elected officials
Judicial Restraint
the doctrine that the judiciary should be highly respectful of precedent and should defer to the judgement of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and law-making policies.
Appeal process, very limited original jurisdiction
Writ of Certiorari and Solicitor General
Write of Certiorar
permission granted by a higher court to allow a losing party in a legal case to bring the case before it for ruling; when such a writ is requested of the US Supreme Crout, four of the Courts nine justices must agree to accept the case before it is granted
Solicitor General
government representative from the Justice Department
Brief
a long written argument given for each side of a prospective case, the oral argument is less comprehensive
Oral Arguments
limited to thirty minutes for each slide
Judicial Conference
5 people that shape policy
Decision
a vote of the Supreme Court in a particular case that indicates which party the justices side with and by how large a margin
Opinion
a courts written explanation of its decision which serves to inform others of the legal basis for the decision
Majority Opinion
a supreme court opinion that results when a majority of the jusices are in agreement on the legal basis of a decision
Dissenting Opinion
the opinion of a justice in a Supreme Court case that explains the reasons for disagreeing with majority position
Plurality Opinion
a court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In such instances, the legal position held by most of the justices on the winning side is called a plurality
Concurrcing Opinion
a separate opinion written by a Supreme Court justice who votes with the majority on a case buy who disagrees with their reasoning.