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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