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207 Cards in this Set

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WHAT IS: the intent of the framers for the legislative branch? (name 3)
1. to oppose a concentration of power in a single institution
2. to balance the influence and representation of large and small states
3. that congress be the dominate house
WHAT IS:the first amendment?
#1 amendment right to associate freely
WHAT are some examples of first amendment rights?
abortion
no slavery-slavery
no women
WHAT IS: THE HOUSE OF REPRESENTATIVES?
NAME # OF MEMBERS, TERM, PRESIDING OFFICIERS
435 MEMBERS
2 YEAR TERM
PRESIDING OFFICIER IS SPEAKER OF THE HOUSE
WHAT IS:KEY CONCEPT OF RUNNING ONLY A 2 YEAR TERM?
RUN MORE OFTEN MORE ACCOUNTABILITY
What is the senate?
# of members
term of office
presiding officier according to the constitution
100 senators
6 year term
presiding officer according to the constitution-vice president of U.S.
WHAT IS:the presiding officer on a daily basis?
the president protem
WHAT occurs in the senate in the event of a tie breaker?
Vice President Votes to break the tie
WHAT IS:function of congress and lawmaking institution in general ? Name 6
1. policymaking
2. representation
3. legitimizing
4.consensus building
5. policy clarification
6. oversight
WHAT IS: are the four types of representation in Congress?
1. formal
2.descriptive
3. symbolic
4. susbstantive
3
WHAT IS:define policymaking.
making laws that are in the general interest of society
WHAT IS:define representation?
defending the particular interests in society
WHAT IS:an example of representation?
ranchers bringing cattle to market
florida it would be housing
WHAT IS:an example of representation?
ranchers bringing cattle to market
florida it would be housing
WHAT IS:formal representation(fx of congress)?
EXAMPLE :Can't obligate a college to remove a disruptive student
the authority to act on another's behalf gained through free and open elections
WHAT IS:descriptive representation? (fx of congress)

example: boston-irish catholic, west texas-oil men and cattlemen
the extent to which a representative reflects the characteristics of the people he or she formally represents
WHAT IS: symbolic representation? (fx of congress)
the extent to which a legislator is accepted by the "folks back home"
WHAT IS: substantive representation? (fx of congress)
example: how interested are they if you have a problem
a measure of a legislator's responsiveness to the people he or she formally represents
WHAT IS: BICAMERAL
Bicameral: Separated into two houses.
WHAT IS: HOMESTYLE?
Home style: The way in which incumbent members of Congress present themselves to their constituents in an attempt to win the voter's trust.
WHAT IS: AN EXAMPLE OF HOMESTYLE? USED BY CONGRESS
TAKE CARE OF THINGS AT HOME
SHOW DRIVERS LICENSE
WHAT IS:LEGITIMIZING (IN CONGRESS)
PROMOTING THE ACCEPTABILITY OF POLICY DECISIONS
WHAT ARE SOME EXAMPLES OF LEGITIMIZING? GIVE ONE
PROMOTING THE USE OF PREDATOR OR REAPER IN PAKISTAN
MUSIC-MUST GET PERMISSION TO USE OR LICENSE
RX DRUGS-LOOSE RIGHTS TO OLELY PRODUCE ONCE THE PATENT IS EXPIRED
WHAT IS: CONSENSUS BUILDING(FX OF CONGRESS)? HINT: OFTEN REFERRED TO AS POLITICS
RECONCILING DIFFERING INTERESTS IN SOCIETY THROUGH A PROCESS OF BARGAINING-REFERRED TO AS POLITICS
WHAT IS: AN EXAMPLE OF CONCENSUS BUILDING ?
THINK OF THE WORLD AS A COMMUNITY OR IS IT A STATE OF ANARCHY

If we cn reconcil of Russia and U.S. peacekeeper to resolve the problem or could the United Nations handle
WHAT IS: POLICY CLARIFICATION (FX OF CONGRESS)
THE IDENTIFICATION AND PUBLICIZING OF ISSUES
WHAT WOULD BE AN EXAMPLE OF POLICY CLARIFICATION?
WHAT ARE THE KEY ISSUES.
OBAMA -ECONOMY OR TERRORISM OR UNEMPLOYMENT-HEALTHCARE
WHAT IS:OVERSIGHT (FX OF CONGRESS)?
ENSURING THAT THE LAWS OF THE LAND ARE FAITHFULLY CARRIED OUT
WHAT IS AN EXAMPLE OF OVERSIGHT?
PEOPLE ARE SCAMMING IRS AND GETTING PEOPLES TAX RETURN MONEY
KNOW THE DIFFERENCES BETWEEN THE HOUSE AND THE SENATE?
HOUSE -2 YRS
SENATE-6 YRS
WHAT TYPE OF BILLS MUST BE INTRODUCED INTO THE HOUSE FIRST?
(HINT THINK MONEY)
REVENUE BILLS( AKA MONEY BILLS OR FISCAL BILLS OR APPROPRIATIONS OF FUNDS
WHAT IS AN EXAMPLE OF REVENUE BILL?
CONGRESS HAS TO APPROVE FUNDING FOR TROOPS IN AFGANISTAN OR COULD CUT TROOPS OR MILITARY PRESENCE AS AN OPTION INSTEAD
WHICH BRANCH OF CONGRESS HAS THE POWER OF IMPEACHMENT?
HOUSE OF REPRESENTATIVES
WHICH BRANCH OF CONGRESS TRIES SOMEONE ONCE THEY ARE IMPEACHED ?
SENATE
WHO WOULD PRESIDE AND ACT AS THE JUDGE OVER AN IMPEACHMENT TRIAL?
CHIEF JUSTICE OF THE SUPREME COURT
WHO WOULD HOLD HEARINGS TO HEAR TESTIMONY ABOUT A POSSIBLE IMPEACHMENT?
HOUSE JUDICIARY COMMITTEE
WHICH BRANCH OF THE CONGRESS MUST CONFIRM ALL PRESIDENTIAL APPOINTMENTS?
SENATE
WHAT BRANCH OF CONGRESS MUST RATIFY ALL TREATIES?
SENATE
WHAT WOULD POSSIBLY OCCUR IF THE PRESIDENT SUBMITTED AN APPOINTMENT OF A JUDGE TO THE SENATE? THIS IS AN EXAMPLE
LIBERALS WILL NOT CONFIRM A CONSERVATIVE JUDGE OR CONSERVATIVE WOULD NOT CONFIRM A LIBERAL JUDGE ****SENATORS WOULD HOLD UP CONFIRMATION IN COMMITTEE UNTIL ADJOURNMENT WOULD APPROVAL OR CONFIRMATION UNTIL DROPPED
WHAT ARE MIGRATORY PATTERNS OR MIGRATION PATTERNS?
MIGRATORY PATTERNS ARE THE POPULATION CENTER OR DEMOGRAPHIC CENTER CENTER TO SHOW MIGRATION MOVEMENT OF THE POPULATION OVER TIME
WHAT ARE SOME OF THE THINGS THAT AFFECT MIGRATORY PATTERNS OR POPULATION CENTERS?
1. HIGHWAYS
2. POINTS OF IMMIGRATION
3. AIR CONDITIONING
WHAT IS:REAPPORTIONMENT?
RE MEANS DO AGAIN
APPORTION MEANS PIECE OF SOMETHING
THE DRAWING OF NEW BOUNDARY LINES FOR LEGISLATIVE DISTRICTS BASED ON THE RESULTS OF A CENSUS.
WHAT IS:AN EXAMPLE OF REAPPORTIONMENT?

MUST KNOW!!!
JUDICIAL REMEDY
WHAT IS:COURT CASE BAKER VERSES CARR?
MUST KNOW -SEE HINT
RULED THAT MATTER OF REAPPORTIONMENT WERE JUSTICABLE (I.E. WERE PROPER MATTERS FOR THE COURTS TO CONSIDER)
CANUCKS WINGER TODD BERTUZZI (HOCKEY PLAYER) WAS SUSPENDED INDEFINITELY ON 03/09/2004 FOR DELIBERATELY INJURYING STEVE MOORE OF AVALANCHE TEAM
WHAT DID TEXAS GAIN IN THE RECENT REAPPORTIONMENT? DETERMINED BY CENSUS
4 SEATS IN THE HOUSE OF REPRESENTATIVES

(DUE TO MIGRATORY PATTERNS AND CHANGE IN POPULATION CENTER) DETERMINE BY CENSUS
WHAT IS CASE OF WESBERRY VS. SANDERS?

MUST KNOW!!!!!!
REQUIRED STATES TO REDRAW THE BOUNDARIES OF THEIR CONGRESSIONAL DISTRICTS SO THAT EACH DISTRICT HAD APPROXIMATELY THE SAME POPULATION
WHAT WAS THE COURT CASE OF SHAW VS. RENO?
MUST KNOW!!!!!
IN SHAW MINORITIES WERE "PACKED INTO THEIR OWN DISTRICTS TO ENSURE THEY WERE REPRESENTED BY MINORITY CANDIDATES. THE SUPREME COURT SAID THAT THIS WAS WRONG TOO! EVALUATION IN THINKING
WHAT IS:MALAPPORTIONMENT?
A SITUATION IN WHICH CONGRESSIONAL OR OTHER LEGISLATIVE DISTRICTS ARE OF UNEQUAL POPULATION
WHAT IS:MALE ADAPTIVE BEHAVIOR?
TEMPER TANTRUMS, THROWING THINGS, DON'T WANT TO WORK WITH ANY MORE
WHAT IS GERRY MANDERING?
THE DRAWING OF CONGRESSIONAL LINES IN SUCH A WAY AS TO FAVOR THE OTHER POLITICAL PARTY OR GROUP AT THE EXPENSE OF ANOTHER
WHAT IS: AN EXAMPLE OF GERRYMANDERING?
(HINT CAJUNS STICK TOGETHER)
CANJUNS CAME FROM ARCADIA, CANADA IN THE 1600'S. BRITISH NAVY CAME FROM ARCADIA, CANADA DROPPED OFF 1000 PEOPLE IN LOUISIANA- SUPREME COURT WANTED TO KNOW WHY THE LOUISIANA DISTRICT WAS SO UNUSUALLY DRAWN
WHAT IS:ANOTHER CASE OF GERRYMANDERING
? (HINT ILLINOIS)
ILLINOIS DISTRICT CONNECTED 2 HISPANIC POPULATION CENTERS CONTAINING THEIR INFLUENCE CREATED ONE DISTRICT. SO WOULD ELECT ONLY ONE HISPANIC
WHAT IS:GENDER AND RACE REGARDING CONGRESS?
GENDER AND RACE REPRESENTATION IS AMONG WOMEN AND MINORITIES.
WHAT IS:AN EXAMPLE OF GENDER AND RACE?
(HINT KAY BAILEY HUTCHINS)
18 WOMEN IN THE SENATE
KAY AND OTHER WOMEN GET TOGETHER TO DISCUSS WHATS ON THE FLOOR TO GET PEOPLE TO WORK TO RESOLVE THINGS
WHAT MAKES RUNNING FOR CONGRESS SO DIFFICULT?
(HINT EXISTING SEAT)
IT IS HARD TO WIN AGAINST AND INCUMBENT
Why do incumbents tend to get reelected at high levels?
1. name recognition
2. Respond to you positively on requests
3. Casework/ go to the Library of Congress
4.Financial support from PAC's-who they support often wins
What house is the House of Representatives UPPER OR LOWER?
LOWER HOUSE
What house is the Senate UPPER OR LOWER?
UPPER HOUSE
Congressional leadership discussing concerns? What is this called?
Black Caucus
What is the House of Representatives presiding officer?
Speaker of the House
Who would take the Presidents place if he was unable to serve and Vice President was unable to serve?
Speaker of the House
How is the speaker chosen?
The speaker of the house is chosen by vote and it is strictly along party lines. The Speaker is always a member of the majority party
What are the powers of the Speaker of the House?
1. Decides whom to recognize to speak on the floor
2. Rule on whether to allow motions to be introduced
3. Decides which committee to send bill to.
4. Appoint members of joint and conference committees
5. #2 person in line to replace the president
What does the House Majority Floor Leader do?
1. Assists the Speak
2. Replaces the speaker when the speaker dies or retires
Who is the current House Majority Floor Leader?
Eric Cantor

not loyal to speaker?
What are the responsibilities of the Minority Leader in the House?
1. In charge of the minority party
2. Usually next in line if his/her party wins the majority in the House.
Who is the current Minority Leader in the House?
Nancy Pelosi
How many whips are there in the House of Representatives and who do they serve?
2 whips on the floor of the House

They serve the Majority and Minority Leaders

They are the eyes and the ears of the minority and majority leaders
Keep the hounds on the scent
What are the function of Whips?
1. Both floor leaders have a whip
who serves as their assistant
2. Whips are responsible to take polls on how the members of their party will vote on a bill, make certain all the members are present for a vote.
Who is the presiding officer over the Senate according to the Constitution?
Vice President of U.S.
Who usually runs the Senate as the Vice President is not normally in the Senate? Or Could ask on a day to day basis who is the presiding officer in the Senate?
The President Pro Tem
What leader has the real power in the Senate?
Majority Leader in the Senate
What is the second most powerful leader in the Senate?
Minority Leader -who is the leader of the minority party in the Senate
Name the four types of Congressional Committees?
1. Select
2. Joint
3. Conference
4. Standing
What is the Select Committee?
A Select Committe is a group of appointed for a limited purpose and duration

Consists of 11 Republicans and 9 Democrats
How often and how many senators are up for re-election?
only about 1/3 of all Senators are up for re-election every two years.
What do Select Committees do once created?
Select committees are created to conduct special investigations and then report back to the chamber that established them-either the House or Senate
What can Select Committees not do?
They cannot draft legislation
What is a Joint Committee and what do they do?
This committee is made up of members from both the House and the Senate

Both Republicans and Democrats are represented
What is a Standing Committee?
the most Important committee
the most visible committee
only permanent type of committee
What can the Standing Committee do that no other committee can?
Standing Committee can draft a bill
What is a Conference Committee?
a type of Joint Committee which meets to reconcile differing versions of a bill
Who appoints the members of the Standing Committees?
Speaker of the House and Majority Leader of Senate appoints the members
What is an example of a Standing Committee?
Standing Committee on Technology
Who has the most seats on the standing committee?
The majority party
Who chairs the Standing Committee?
The most senior member of the majority party chairs the Standing Committee
What are the types of legislation?
1. Bills
2. Joint Resolutions
3. Concurrent Resolutions
4. Resolutions (sometimes simple resolutions)
How are bills approved?
must be approved by both houses and by the President
or be repassed over his veto
What does it take to override the President's Veto?
2/3 Vote to override Veto

(if democrat elected would like to have 2/3 republicans to veto bill)
What is a Joint Resolution?
1.Essentially same as bills
2.Joint resolutions generally deal with limited matters
3.and have the force of the law
What is an example of the joint resolution?
proposing an amendment to the Constitution of the United States.

Such as relating to voluntary school prayer
How are Joint Resolutions approved
must be approved by both houses and by the President
or be repassed over his veto
SAME AS BILLS
What are concurrent resolutions?
1.Used for matters that do not have the force of the law.
2. concurrent resolutions do not require President's signature
3. Requires approval by both chambers-the House and the Senate
What is an example of a concurrent resolution?
Expressing the sense of the Congress that a postage stamp should be issued honoring the 100th Anniversary of the Junior League
What is a resolution?
1.Apply to only one house either the HOUSE or the Senate which 2.means they must pass only in THAT one house-either the house or the senate
3.Does not require the Presidents signature
4. Does not become a law
What is an example of a resolution?
To authorize the installation of appropriate equipment and furniture for the impeachment trail in the Senate
What chamber of Congress handles all money bills?
1. House of Representatives
2. because elected by the people
3. because no taxation without representation
How does a Bill become a Law?
Legislation may be introduced into either chamber first or both chambers simultaneously with the exception of money bills(only in the House)
How are Bills handled in the House?
1.Legislation is placed in the "hopper"
(i.e., it is given to the clerk to be stamped and read into record)
2.would want to lobby for or against
How are Bills handled in the Senate?
1. the person proposing the legislation must be recognized to speak
(can't just put the bill in the hopper)
If another Senator objects to the Bill what occurs?
The Bill is held aside for a twenty four hours and is then automatically introduced
What happens to the Bill next?
Referred to Committee (happens in both House and Senate)
What happens once the bill is assigned to a committee?
It is placed on the committee calendar(happens in both House and the Senate)
What happens once the bill reaches the Committee Calendar?
The public is invited to testify or offer their opinions during subsequent hearings
(Don Henley and Alanis Morissette appeared during Senate Testimony)
Where is a Bill marked-up?
When a bill is "staffed" or "marked-up" at either the committee level or more than likely the sub committee level
WHAT IS:The process of rewriting a proposed piece of legislation. Markup (also called staffing) occurs in the committee or subcommittee prior to sending the bill back to the floor of the particular chamber. (HINT: think writing in the margins-like when people testify)
Markup
What are the five options after the committee is finished with the bill-the committee may:
1.Recommend adoption of the bill with or without amendments
2. Report unfavorablly on a bill
3.Reject the bill outright
4.Re-write the bill entirely or
5.Refuse to consider it (says it dies in committee)
How do you "force" a bill out of committee?
By using a discharge petitions
WHAT IS: : A petition that, if signed by a majority of the members of the House of Representatives, will force the committee to take a vote on the bill and thereby send it back to the floor of the House for consideration
DISCHARGE PETITION
WHAT IS:scheduling to debate by the House Rules Committee(Hint: on the floor)
ACTION ON THE FLOOR OF THE HOUSE
The Rules Committee may block or delay legislation by putting of certain bills or by attaching special rules including:

(name 3)
1. Prohibiting any amendment to a bill
2.Limiting debate on a bill
3.Scheduling a bill for a vote
What are the options once the Bill goes to the floor?
The Bill can be passed by a majority of the quorum, defeated, or returned from the floor to the committee
What happens when a Bill leaves Committee in the Senate?
smaller less cumbersome than House of representatives
NO RULES COMMITTEE
Who schedules a Bill for debate in the Senate?
The Senate Majority Leader

(he decides when the bills come up for vote)
WHAT IS:Filibuster
A continuous speech delivered by one or more senators to prevent a vote on a bill.
What house can filibuster?
only the Senate
What is required to terminate a filibuster?
requires a vote of cloture to terminate a filibuster
WHAT IS:A parliamentary measure used in the Senate to terminate a filibuster.
Cloture
WHAT IS: vote required for a cloture
requires 3/5th vote or 60 senators
WHAT IS: required to pass a bill?
51% to pass or 53 Democrats and 47 Republicans
What are the Senatorial Vote Margins?
Low Controversy-51%
Medium Controversy-60% (filibuster)
High Controversy-67% (Presidential Veto)
Established by Framers
WHAT IS:Conference Committee Action?
A temporary joint committee made up of members of both houses of the legislature to attempt to reconcile the differing versions of a bill.
What must happen once the Conference Committe Action review is complete?
Both House and Senate must agree to the Conference Committee version and the bill must be passed by both chambers.
Bill then goes to the President for signature
What happens once the Bill finally goes to the President?
1. signs the bill into law
2.veto the bill
3.ignore the bill
What must the President do if he vetos the bill?
He must specify his objections and return it to the chamber it originated from (gets Congress chance to reabilitate the bills
What does it take to override the President's veto?
2/3 vote of both houses
What happens if the President ignores the bill? (HINT ANOTHER NAME FOR THIS OCCURENCE IS THE POCKET VETO).
If at the end of ten days Congress is still in session, the ignored bill will automatically become law
WHAT IS:: A view of the U.S. treasury in which members of Congress help themselves to federal money to fund projects of a parochial nature. (HINT WAS ONCE USED FOR CHARITY)
Pork barrel
WHAT IS: A court whose primary function is to review the judgments of other courts and of administrative agencies.
Appellate court
WHAT IS: The power of a court to review cases that have been tried elsewhere. Applied science: The practical application of general (i.e., basic discoveries.
Appellate jurisdiction
WHAT IS:Justices who practice a judicial philosophy of using the full powers of the courts to make policy, often interjecting their own values and opinions.
Activists
WHAT IS:: A proposed law that is submitted to the legislature.
Bill
WHAT IS:Work done by members of Congress to provide constituents with personal
services and assistance. (HINT most often done in Library of Congress)
Casework
WHAT IS:: Special resolutions expressing the sentiment of Congress passed by one house with the other concurring, but not having the force of law and thereby not requiring the president's signature.
Concurrent resolutions:
WHAT IS:Litigation in which government attorneys prosecute persons for violating the law.
Criminal cases
WHAT IS:The courts in which actual trials are conducted (hence their name "trial courts").
District courts
WHAT IS:The free mailing privileges given to members of Congress
Franking
WHAT IS:The drawing of congressional lines in such a way as to favor one political party or group at the expense of another
Gerrymandering
WHAT IS:A panel that reviews evidence submitted by prosecutors to determine whether to formally charge an individual with a crime.
Grand jury
WHAT IS:The way in which incumbent members of Congress present themselves to their constituents in an attempt to win the voter's trust.
Home style
WHAT IS:A finding by a grand jury that there is enough evidence against an individual to warrant a criminal trial.
Indictment
WHAT IS:A committee made up of members from both the House and the Senate.
Joint committees
WHAT IS:type of resolutions deal with limited matters and have the force of law, thereby requiring the president's signature.
Joint resolutions
WHAT IS:The authority of federal courts to review laws, statutes, and regulations to decide if they are consistent with the U.S. Constitution
Judicial review:
WHAT IS:A situation in which congressional or other legislative districts are of unequal population.
Malapportionment
WHAT IS:Indicates that a grand jury has refused to indict a suspect for a crime.
No bill
WHAT IS:The authority of a court to try a case (i.e., conduct a trial).
Original jurisdiction
WHAT IS:An action taken by Congress to reverse a presidential veto by means of a
two-thirds vote in both chambers of Congress.
Override
WHAT IS:A panel of citizens that hears evidence in a civil lawsuit or criminal
prosecution and decides the outcome by issuing a verdict. Criminal juries
typically have twelve members and the verdict must be unanimous. In civil
cases, there are often six members and the verdict need not be unanimous.
Petit jury
WHAT IS:Negotiations between prosecutor and defendant aimed at getting the defendant to plead guilty in return for the prosecutor's agreement to reduce the
seriousness of the crime for which the defendant will be convicted.
Plea bargaining
WHAT IS:A veto that occurs when a bill is not signed by the president within ten days of congressional adjournment.
Pocket veto
WHAT IS:The drawing of new boundary lines for legislative districts based on the results of a census.
Reapportionment
WHAT IS:Apply only to concerns of one house, which means they must pass only in that one house. Resolutions do not have the force of law and do not require the
President's signature.
Resolutions
WHAT IS:A temporary congressional committee created for a specific purpose and disbanded after the purpose has been achieved
Select committee
WHAT IS:The custom that has allowed senators to veto a presidential nomination.
Senatorial courtesy
WHAT IS:A permanent of Congress that considers bills, conducts hearings and investigations, etc.
Standing committee
WHAT IS:The principle of following precedent established by federal courts in earlier rulings when interpreting legislative statutes and the Constitution.
Stare decisis:
WHAT IS:One who favors a strict (i.e., narrow) interpretation of the U.S. Constitution and who would often limit the application of law to society.
Strict constructionist
WHAT IS:A wrongful act, damage, or injury done willfully or negligently
Tort
WHAT IS:A court whose primary function is to initially hear and decide cases. Trial
courts have original jurisdiction.
Trial court
WHAT IS:An indictment issued by a grand jury.
True bill
WHAT IS:Commonly called "cert." An order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review.
Writ of certiorari
WHAT IS:A court order directing an executive branch employee to perform a certain act.
Writ of Mandamus:
WHAT IS:A brief filed by an individual or organization with the permission of the court. It provides arguments in addition to those presented by the immediate parties to the case
Amicus curiae
WHAT IS:Literally, "Have ye the body." A court order (i.e., a writ) requiring
authorities to explain to a judge why they are holding a prisoner in custody.
Habeas corpus:
WHAT IS:adversarial in nature
(opponet)
American Judiciary
WHAT IS:passive power
Judiciary Power
WHAT IS:the function of the court system
1. Dispute resolution
2. Behavioral Modification
3. Allocation of gains and losses
4. Policymaking
WHAT IS:the structure of the Court System? (3 Tier)
1. U.S. Supreme Court
2. Appellate Court
3.District Court
WHAT IS:type of jurisdiction does a District Court have?
Original Jurisdiction
WHAT IS:type of jurisdiction does an Appellate Court have?
Appellate Jurisdiction
WHAT IS:type of jurisdiction does the U.S. Supreme Court have?
BOTH Original Jurisdiction and Appellate Jurisdiction
WHAT IS:an example of the U.S. Supreme Court exercising original jurisdiction?
1. Crimes involving ambassadors
2. Disputes between the state
WHAT IS:the court of last resort?
the highest court that will hear your case
WHAT IS: each state has at least one and Texas has four.
U.S. District Court
Who supports and confirms Federal Judges?
appointed by President
confirmed by Senate
What are the District Court Judges are subject to?
Senatorial Courtesy
What is an example of a criminal case?
Murder
What is an example of a civil case?
Divorce
What is an arrest based upon?
on a formal complaint by a citizen, a warrant or police observation of a possible crime
What is an initial appearance in court?
an arraignment
What occurs during an arraignment?
1. Person is informed of charges
2. Person is appointed an attorney as necessary
3.Bail is set
What are two options for a Grand Jury?
1. No Bill(free to go)
2. True Bill (grand jury indictment)
What is another word for indictment?
True Bill
What is the trail outcomes before a petit jury?
jury convicts or acquits
In a criminal trail what is true of the verdict and number of jurors?

Circumstantial or Direct Evidence -criminal-ok
verdict must be unanimous
12 jurors
In a civil trail what is true of the verdict and number of jurors?

perpondurous of evidence -civil -ok
verdict need not be unanimous
6 jurors
What follows a petit jury if the verdict is guilty?
followed with sentencing by the judge
If you are convicted of a felony, what is your sentence?
Three strikes you are out!
Imprisoned for life.
How are the majority of the criminal cases resolved?
By Plea Bargaining
When is Plea Bargaining uses?
(two answers)
1.a relatively minor case is in question which does not justify the expense of a full trial
2.a suspect hopes to receive a more favorable sentence than a jury might award
What is "prisoners dilemma"?
(two answers)
1. roll over-in your interest to make a deal
2.inconsistency of story
What three criticisms of plea bargaining?
1. the fairest way to resolve a criminal case is thru a trial
2.defendants are unfairly pressured to give up fundamental rights for sake of plea
3.thru plea bargaining, criminals are allowed to escape full punishment
What is the purpose of the Supreme Court?
to interpret the law
What did Marbury vs. Madison (Cases of the Midnight Judges)?

Hint: Adams was president and Jefferson threw out appointments
established the precedence of judicial review
What are the basis Judges usually chosen?
1. Strict constructionists (think narrow)
2. Activists (tend to be liberals-Democrats)
If Stare Decisis is decided, what do you think the court will do?
Stare makes it unlikely that the Court will strike out in a bold new direction or will not very often reverse itself
How are cases referred up to the Supreme Court?

(hint: in anatomy means inferior
By writ of certiorari
What are the two options the Supreme Court has when they receive a case?
1. accept cert-interested in hearing
2. decline cert-not interested in hearing
What three things must be true before the Supreme Court must hear a case?
1. the case must have completed the entire appeals process
2.the case must raise a federal question covered by the U.S. Constitution
3.at least 4 of the justices must agree to hear the case
What must the least decision be to win in the Supreme Court?
5-4 decision
What are the three steps in a Supreme Court decision?
1. oral arguments-usually 15 minutes
2. Conference-discuss merits of case
3.Opinion writing-write final decision
What is the officers of the court or an example there of ?
Air Marshall
What is does the Attorney General do and who appoints him/her and who confirms?
1. Chief law enforcement officer in the United States
2. Appoint by the President and confirmed by the Senate for a four year term
What are three important things about or for the U.S. Attorney General?
1. Assist the District Court
2.Appointed by President and Confirmed by Senate
3.Subject to Senatorial Courtesy
(President would withdraw nomination)
Who serves as the enforcement arm of the courts and is appointed by the President ?
United States Marshalls
Who serves the district courts by issuing warrants or arrest, by setting bail, and by holding preliminary hearings?
(usually out source to a justice of the peace)
Federal Magestrates