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50 Cards in this Set

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  • Back
Judiciaries Characteristics of UK
Judiciary plays a relatively minor role. No Judicial review because any law passed by the legislature is by definition constitutional. Role of the court is to ensure that parliamentary statutes have been followed. Based on Common Law.
Judiciaries Characteristics of France
Judges play a much greater role in determining whether charges should be brought. Assume many of the roles a prosecuting attorney would. Constitutional Court was created to settle constitutional disputes. The Council is empowered to rule on the constitutional matter at the request of the government, the head of either house of the legislature, or a group of 60+ legislators from either house. The Council can only rule on legislation before it goes into effect. Based on Civil Law.
Judiciaries Characteristics of China
Based off of Civil law. No real code has been laid out. Routinely protect officials from the law. Very violent and eager to employ capital punishment. Lacks coherence.
Judiciaries Characteristics of India
India has a supreme court like the United States. 26 justices appointed by the president. It is a constitutional court based off common law with the authority of judicial review. However, its power has been limited by the parliament’s ability to reverse court decisions by amending the Constitution. It is the ultimate interpreter of the constitution and the laws of the land. It has appellate jurisdiction over all civil and criminal proceedings involving substantial issues concerning the interpretation of the constitution
Judiciaries Characteristics of Brazil
Brazil employs code law, a system in which judges apply the penal code rather than broadly interpret laws based on historical precedent. The Brazilian judiciary is viewed as less powerful than its American counterpart. The Brazilian judiciary has also been reticent to challenge the ongoing use of presidential emergency decrees. In Brazil, only a Federal Supreme Court exists; there is no Supreme Court like in the States. The list includes several specific functions of the Court, such as: to judge and declare the constitutionality or unconstitutionality of laws (judicial review).
Judiciaries Characteristics of Nigeria
Nigeria inherited a legal system that combined British Common Law along with an assortment of traditional or customary laws that were used to handle local matters during the colonial period (including Sharia in law in the Muslim North). This system fostered a court system that maintained a degree of legitimacy and independence, even during periods of military rule. The Supreme Court, the highest court of the land, has both original and appellate jurisdictions. The Court has exclusive original jurisdiction in any justifiable dispute between the Federation and a State or between States. The Court also has exclusive jurisdiction to hear and determine appeals from the Court of Appeal.
What is Judicial review?
The right of courts to strike down legislation that contradicts the constitution
What is Common Law
the law derived from judicial decisions, including judicial decisions made in England dating back to ancient english times
What is Stare Decisis
Maintain what has been decided and do not alter that which has been. The principle of following judicial precedent principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. A precedent which is binding; must be followed.
A law established by following earlier judicial decisions.
Common Law: Role of the Judge
Supposed to be impartial
Common law: Role of the Lawyers
Question, present evidences, defend, attack etc.
Roman/Civil Law:
Civil law is a legal system inspired by roman law, the primary feature of which is that laws are written into a collection, codified and not determined as in common law by judges.
Legal Codes:
A code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codifications
Roman/Civil Law: Role of the Judge
Involved in cross examination, pre trial , questions characters
Roman/Civi Law: Role of Lawyers
No real significant role but to present facts
What is Ethnic Identity
o Specific attributes and societal institutions that make one group of people culturally different from others.
o Often based on customs, language, religion, or other factors.
o Usually assigned at birth. People do not choose their ethnicities
o Not set in stone
o Ethnic identity defines how individuals identify with their community
o Rarely are society and ethnicity one and the same. Societies are made up of various ethnic groups.
o Ascription- the assigning of a particular quality at birth
o Not inherently political
o Usually called “ethnicity”
What is national Identity
o Based on the concept of a nation: a group of people bound together by a common set of political aspirations, especially self-government and sovereignty.
o Often (but not always) derived from ethnic identity.
o Inherently political.
o The basis for nationalism: pride in one’s people and belief that they have a unique political destiny.
o Implies a demand for greater freedom through sovereignty, as in a colony’s revolt against its colonial master.
o Involves issues of equality, such as secessionist movements that argue that independence would eliminate unequal treatment at the hands of some other group.
What is ethnic conflict
Can be defined as conflict between ethnic groups that struggle to achieve certain political or economic goals at each other’s expense. Each may hope to increase its own position by gaining greater control over existing political institutions like the state or government.
Example- Afghanistan seen frequent ethnic conflict
What is National Conflict
Clashing with others in the quest to form an independent state. Violence is a common tool, using or bypassing the coercive powers of the state.
Example- The American Revolution, the American colonies broke away from Great Britain to form a separate country
What is: Societies
Made up of Various ethnic groups. Ethnicity is social, not political, people might self identigy themselves with an ethnic group without drawing any particular conclusions about politics on that basis.
o An individual’s relationship to the state; the individual swears allegiance to the state, and the sate in turn provides certain benefits or rights.
o Purely political and thus more easily changed than ethnic identity or national identity.
o The basis for patriotism: pride in one’s state and citizenship.
o Citizenship and patriotism define our emotional and legal relationship to the state.
o Can convey certain obligations, such as the duty to serve in the armed forces or pay taxes.
o Gained at birth, has qualities separate from those of ethnic or national identity.
o Citizenship is an identity built on a relationship to the state
Pride in ones state and citizenship
Political Ideologies
o Political ideologies are specific values held by individuals regarding the fundamental goals of politics.
o Comprise the basic values held by an individual about the fundamental goals of politics regarding freedom and equality
o Are more universal, as they assume that there is no ideal way to balance freedom and equality
o Not specific to one country or time
o Distinct from political attitudes
o Ideologies were viewed as alternatives to traditional sets of values such as religion; they were seen as based on rational thought rather than spiritual notions of good and evil.
o Ideologies are concerned with the ideal relationship between freedom and equality for all individuals and the proper role of political institutions in achieving or maintaining this relationship.
o 5 primary ideologies- liberalism, communism, social democracy (socialist), fascism, anarchism
Define Nation:
Group of people who share some or all the following characteristics: common languages, shared history, shared religion, common ethnic background, and an economic system.
Define Nation State:
a Sovereingn state encompassing one dominant nation that it claims to embody and represent.
Describe the Top down view of ethnic and national conflict:
Conflicts are generated by elites
Conflict could be stopped by controlling political leaders responsible
Use of outside force can be effective
Describe Bottom up view of ethnic and national conflict:
Conflict is generated by long standing friction between groups.
Animosity must burn itself out
Use of outside force will be ineffective
Describe Political Attitudes (basic)
 Concerned with the speed and methods of political change.
 Generally classified as radical, liberal, conservative or reactionary.
 Particularistic: Relative to the specific context of a given country. A view that is “radical” in one country may be “conservative” in another.
Distinct from political ideologies
Define: Radicals
believe in dramatic change, believe the current system is broken and must be replaced
Define: Liberals
like radicals, believe much can be changed, but believe in evolutionary change, they do not require a system change
Define: Conservatives
question whether any change is even necessary. Fine with what is going on
Define: Reactionaries
Seek to restore political, social and economic institutions. Go back to previous regime.
Political Culture:
Political culture refers to what people believe and feel about government and how they think people should act towards it. To understand the relationship of a government to its people, and how those people are going to act toward that government and others, it is necessary to study what those people believe about themselves and government
Define: Consensual Political Culture:
The citizens agree on the appropriate means for making decisions and on how to solve problems
Define: Conflictual Political Culture:
Citizens are sharply divided on both regime and on the solutions to major problems
Define: Participant
Very active, high expectations, high levels of awareness about the political system. More than vote
Define: Subject
Higher levels of awareness, but low levels of participation. usually only vote
What is Socialization
The adoption of the behavior patterns of the surrounding culture. Simply the process of acquiring values, beliefs and expectations about the political system.
Define: Direct Socialization
explicit communication of info, values or feelings towards plitics
Define: Indirect Socialization
When political views are inadvertently molded by our experiences
The agents of Socialization.
Family, School, peers, media, religion, professionals, community, arts and entertainment.
Social unifying
international conflict that brings a nation together
Social divisive
ex. subcultures
Political Culture of UK
More socially and morally liberal than the US. Outlawed capital punishment and legalized abortion and homosexuality. Handguns are banned. Far less emphasis on religion and traditional family values. Very pragmatic and tolerant . Not concerned with overarching ideological principles, would much rather tinker with a particular political problem. Growing more multiracial and Eurocentric, along with becoming more concerned with worldly issues. Ethnic: relatively homogeneous, Protestant, Catholic, Muslim. Increasing racial tension with immigration rates growing. 2 million immigrants will enter in the next decade. Muslim, Britain, Ireland, England, Scotland and Wales.
Political Culture of France
Two round electoral system and semi presidentialism have all played a part in creating a system in which individual political leaders, rather than ideological groupings have been central. Most common forms of political activity is mass protest. Populism and faith in the power of mass action is combined with a strong sense of national and patriotic identity and a pride in the state. Ethnic: Secularism is big, no religion receives state support. Over 80% are catholic, rising Muslim population. Overall a relatively homogenous society. Census does not record ethnic or religious data. 10% of people are foreign born. Largest Muslim population in Europe besides turkey.
Political Culture of China
View themselves as a homogeneous society. 90% Han Chinese. Mandarin is the official language of government and education. Communist ideology still maintains strong rural influence but reflect a growing diversity of info and ideas. Mainly from new capitalist movements. Confucianism and Maoism are things of the past, it is now largely depoliticized . Nationalism and patriotism are very prominent. For better or worse, booming trade and tourism have release a flood of western ideas and values.
Political Culture of India
Political authority has become more decentralized. A important voice of the Indian society is the Media establishment, one of the largest in the world. A third of the population is illiterate. Radio and TV networks are even more important conduits of info. Under a lot of government scrutiny. The culture defies generalization. They tend to identify themselves through politics locally, and through family, occupational and regional associates. On the other hand, despite the cultural diversity, they continue to support the Indian democracy
Political Culture of Brazil
Extremely diverse population, Native Americans, African Slaves, Europeans. 40% are mixed race and 80% claiming African ancestry. Strong association between race and wealth. Lighter skinned are more wealthy, darker are disproportionately among Brazils poorest. There is a low level of support for democracy as a system. Only 43% approve. Brazilians are more willing to blame their legislators than their presidents for the persistence of corruption.
Political Culture of Nigeria
Yoruba, Igbo, Hausa and Fulani peoples. One third belongs to none of those groups. Diversity has created significant problems. Communal violence has risen and the state is no longer able to suppress the public as it please and as the struggle for control over the state has returned to the populace. Conflicts have taken thousands of lives. Mainly Christian vs. Muslim. Considered the most unpatriotic people in the world. They exhibit a high degree of pride in their broader national identity. Express strong opposition to a political system dominated by a single party or leader