Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
76 Cards in this Set
- Front
- Back
judicial review |
power of supreme court to review actions by other branches of gov and declare them unconstitutional
|
|
original jurisdiction
|
authority of a court to hear a case first
|
|
constitutional courtsa
|
courts created by congress under Article III
|
|
legislative courts
|
highly specialized courts under article I of the constitution
|
|
grand juries
|
groups of citizens who decide if there is enough evidence to indict the accused
|
|
petit juries
|
groups of citizens who decide if there is enough evidence to charge a person guilty
|
|
circuit courts
|
12 jurisdicitons across the US (one for each jurisdiction) that hears appeals from federal district courts
|
|
appellate courts
|
courts that hear cases on appeal
|
|
briefs
|
documents setting out the arguments in leagal cases prepped by attorneys
|
|
opinion
|
explanation of the majority's reasoning that accompanies a court decision
|
|
precedents
|
past rulings by courts which guide judicial reasoning in subsequent cases
|
|
stare decisis
|
the lagaql doctrine that says precedent should guide judicial decision making
|
|
senatorial courtesy
|
judicial nomination should be approved by senior senator of president's party
|
|
standing
|
authority to bring legal action because one is directly affected by the issues at hand
|
|
executive privelege
|
preseidential claim that certain communications with subordiantes may be withheld from congress and the courts
|
|
separate by equal doctrine
|
principle articulated in Plessy v. Ferguson allowed separate but equal facilities
|
|
superprecedents
|
landmark rulings that have been reaffirmed by the court over the course of many years and whose reasoning has become part of the fabric of American law
|
|
plaintiff
|
one who brings suit in a court
|
|
in forma pauperis
|
describing a process by which indigents may file a suit with the supreme court free of charge
|
|
writ of certiorari
|
an announcement that hte supreme court will hear a case on appeal from a lower court requires vote of 4 of the 9
|
|
opinion of the court
|
majoirty opinion of the supreme court for a case
|
|
concurring opinion
|
opnions of justices who agree with the ruling but for different reasons
|
|
dissenting opinion
|
opinions of justices who are in the minority
|
|
judicial activism
|
actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes
|
|
remedy
|
action that a court determines must be taken to rectify a wrong done by gov
|
|
original intent
|
courts must interpret constitution in ways consistent with the wishes of the framers
|
|
strict construction
|
provisions of the constitution have a clear meaning and judges must stick closely to this meaning
|
|
test case
|
case brought to force a ruling on the constitutionality of some law
|
|
class action lawsuit
|
lawsuit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs
|
|
responsible party
|
notion that a political party will take clear and distinct stands on the issues and enact them as policy once elected into office
|
|
prospective voting model
|
theory of democratic elections in which voters decide what gov will do in the near future
|
|
electoral competition model
|
form of election in which parties seeking votes move toward the median voter
|
|
electoral reward and punishment
|
tendency to vote for incumbents when times are good and against them when times are bad
|
|
provisional ballot
|
vote that is cast but not counted until determination is made that voter is properly reigstered
|
|
franshise
|
same as suffreage legal right to vote
|
|
Electoral college
|
reps who cast vote for president based on direction of majority in constituency
|
|
party convention
|
gathering of delegates who nominate a party's presidential candidate
|
|
primary election
|
staewide elections in which voters choose delegates to the national party conventions
|
|
party caucuses
|
process for selecting delegates to the national party conventions characterized by neighborhood and area wide meetings of party supporters and activists
|
|
turnout
|
proportion of Americans who actually vote to those who are eleigible to vote
|
|
referenda
|
state laws or constitutional amendments are proposed by legislature and voted by direct popular vote by the constituents of the staes
|
|
initiatives
|
option for citizens to put proposed laws and constitutional amendments on tha ballot for voter approval
|
|
superdelegates
|
elected officials who are appointed by party committees to be delegates of the national convention of the Democratic party
|
|
electors
|
reoresentatives who are elected in states to formally choose the POTUS
|
|
plurality
|
more votes than any other candidate but less than majoirty of all votes cast
|
|
realignment
|
process by which one party supplants another as the dominant party view page 268
|
|
dealignment
|
gradual reduction in the dominance of one political party without another supplanting it
|
|
party identification
|
sense of belonging to one or another political party
|
|
liberal
|
fed gov has substantial role to play in providing economic justice and opportunity, regulating business
|
|
conservative
|
exact opposite of a liberal
|
|
unified gov
|
control of exec and legis under one party
|
|
gridlock
|
things cannot get done because of divided gov
|
|
active partisans
|
people who identify with a party, vote, and participate in additional party activities
|
|
leaners
|
people who claim to be independents but consistently favor one party over another
|
|
core beliefs
|
individuals' views about the fundamental nature of human beings society and economics
|
|
political attitudes
|
views about public policies political parties
|
|
public opinion
|
aggregated political attitudes of ordinary people as revealed by surveyors
|
|
sample survey
|
interview study asking questions of a set of people who are chosen as representative of the whole population
|
|
political socialization
|
process by which individuals come to have certain core beliefs
|
|
collective public opinion
|
political attitudes of the public as a whole expressed as averages percentages or other summaries of many opinions
|
|
policy preferences
|
citizens' ideas about what policies they want gov to pursue
|
|
unilateralist |
stance toward foreign policy that says US should seek its own interest without support from other countries
|
|
multilateralist
|
US should seek support and approval of other nations
|
|
civil liberties
|
freedoms found primarily in Bill of Rights
|
|
habeas corpus
|
must have timely hearing
|
|
ex post facto law
|
law that retroactively declares some action illegal (this is unconstitutional)
|
|
bill of attainder
|
person guilty of a crime that carries the death penalty does not get a trial (this is unconstitutional)
|
|
economic liberty
|
right to and use property free from unreasonable gov interference
|
|
full faith and credit
|
Article IV Section 1 states must respect the public acts laws and rulings of other states
|
|
contract clause
|
Article I Section 10 prohibits states from passing any laws imparing the obligations of contracts
|
|
selective incorporation
|
gradual spread of Bill of Rights to states by supreme court
|
|
incorporation
|
also nationalizing process where Bill of Rights is binding on the states
|
|
prior restraint
|
gov power to prevent publication as opposed to punishment afterward
|
|
free exercise clause
|
1st Amendment congress cannot impede upon right to exercise religion
|
|
establishment clause
|
1st Amendment cannot establish an official religion doctrine of separation of state and church
|
|
exclusionary rule
|
fruits of the poisonous tree |