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104 Cards in this Set
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1 a: a body of nonelective government officials b: an administrative policy-making group
2: government characterized by specialization of functions, adherence to fixed rules, and a hierarchy of authority 3: a system of administration marked by officialism, red tape, and proliferation |
bureaucracy
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: of, relating to, or having the characteristics of a bureaucracy or a bureaucrat 1: a division of angels
2 a: a ruling body of clergy organized into orders or ranks each subordinate to the one above it ; especially : the bishops of a province or nation b: church government 3: a body of persons in authority 4: the classification of a group of people according to ability or to economic, social, or professional standing ; also : the group so classified 5: a graded or ranked series |
bureaucratic hierarchies
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: of, relating to, or having the characteristics of a bureaucracy or a bureaucrat 1 : something complex
2 : the quality or state of being complex |
bureaucratic complexity
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: the breakdown of labor into its components and their distribution among different persons, groups, or machines to increase productive efficiency
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division of labor
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1: a making or becoming specialized
2 a: structural adaptation of a body part to a particular function or of an organism for life in a particular environment b: a body part or an organism adapted by specialization |
specialization
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1: a division of angels
2 a: a ruling body of clergy organized into orders or ranks each subordinate to the one above it ; especially : the bishops of a province or nation b: church government 3: a body of persons in authority 4: the classification of a group of people according to ability or to economic, social, or professional standing ; also : the group so classified 5: a graded or ranked series |
hierarchy
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: established or prescribed methods to be followed routinely for the performance of designated operations or in designated situations
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standard operating procedures
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bureaucracy--defining characteristics
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division of labor
specialization hierarchy standard operating procedures emphasis on goals recruited based on expertise |
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to the United States Constitution allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment overruled Pollock v. Farmers' Loan & Trust Co. (1895), which greatly limited the Congress' authority to levy an income tax.
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16th Amendment
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related to certain decisions required to implement the plan by
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Discretionary authority
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The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties.
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administrative discretion
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checks on administrative discretion:
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congressional oversight
judicial review interest group participation media investigations formalized procedures |
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refers to the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.
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congressional oversight
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2 : a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional
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judicial review
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organizations based on shared interests that attempt to influence society and government to act in way consonant with the orgnaization's interests
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interest group participation
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gets info on congressional matters and investigates them
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media investigations
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provide the necessary instructions to develop safe work practices and to accomplish work safely, in addition to providing safety information and emergency procedures.
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formalized procedures
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in the United States is a directive issued by the President, the head of the executive branch of the federal government
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executive orders
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is the official journal of the United States Government that contains most routine publications and public notices of government agencies.
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Federal Register
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2 a: an authoritative rule dealing with details or procedureb: a rule or order issued by an executive authority or regulatory agency of a government and having the force of law
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regulation
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: the act or process of removing restrictions and regulations
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deregulation
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Authorization that has the force of law.
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authorization legislation
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: to give practical effect to and ensure of actual fulfillment by concrete measures
2: to provide instruments or means of expression for |
implementation
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The legislatureÂ’s intentions in enacting a bill into law, frequently derived from the legislative history.
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congressional intent
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refers to the process that executive and independent agencies use to create, or promulgate, regulations.
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rule making
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The process by which an administrative agency issues an order, such order being affirmative, negative, injunctive, or declaratory in form.
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administrative adjudication
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An act designed to give uniformity to the rule-making and adjudicative proceedings of federal administrative agencies. The federal government passed the act in 1946, in response to increasing resentment of the agencies' latitude in matters affecting the rights of individuals. Following the federal lead, most of the states also passed similar statutes during the late 1940s and early 1950s.
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Administrative Procedures Act (APA)
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A legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. |
appropriation
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The restoration of peaceful or amicable relations between two individuals who were previously in conflict with one another.
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reconciliation
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Regulatory policies, or mandates, limit the discretion of individuals and agencies, or otherwise compel certain types of behavior.
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regulatory policy
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is a part of a larger organization with a specific responsibility.
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departments
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created to make rules for large businesses that effect the interest of the public.
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regulatory commissions
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is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will.
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appointment power
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Article 2 of the Constitution, which gives the President the power to appoint government officials, does not explicitly provide the President with the power to remove officials. In Federalist Paper No. 77, one of a series of newspaper articles written in 1788 in support of the Constitution, Alexander Hamilton argued that the Senate's power of “advice and consent” to Presidential nominations also extended to removals unless Congress legislated otherwise.
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removal power
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is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.
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advice and consent of Senate
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5 a: the power to make appointments to government jobs especially for political advantage b: the distribution of jobs
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patronage
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is an informal practice where a political party, after winning an election, gives government jobs to its voters as a reward for working toward victory, and as an incentive to keep working for the party
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spoils system
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Branch of governmental service in which individuals are hired on the basis of merit which is proven by the use of competitive examinations.
Body of employees in any government agency, except the military. |
civil service system
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: a system by which appointments and promotions in the civil service are based on competence rather than political favoritism
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merit system
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includes all civilian positions in the Federal Government that are not specifically excepted from the civil service laws by Statute, by the President, or by the Office of Personnel Management and are not in the Senior Executive Service (SES). It includes primarily positions in the executive branch of the Government.
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competitive service
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United States federal law established the United States Civil Service Commission, which placed most federal government employees on the merit system and marked the end of the so-called spoils system. The act provided for some government jobs to be filled on the basis of competitive exams.
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Pendleton Act (1883)
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is an independent agency of the United States government that manages the civil service of the federal government.
was originally founded as the United States Civil Service Commission by the Pendleton Civil Service Reform Act of 1883. |
Office of Personnel Management (OPM)
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regulates the wages and working conditions of civil servants and promotes their work.
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(formerly the Civil Service Commission)
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Types of federal employees:
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Careerists
Politicians Professionals |
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: the policy or practice of advancing one's career often at the cost of one's integrity
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Careerists
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is an individual who is involved in influencing public decision making through the influence of politics or a person who influences the way a society is governed.
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Politicians
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is a member of a vocation founded upon specialised educational training.
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Professionals
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deals with the interpretation and implementation of the United States Constitution.
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Constitutional law
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is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases.
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common law
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consists of the acts of legislatures.
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statutory law
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Law concerning the powers and control of government agencies or those agencies granted statutory powers of administration.
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regulatory law
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: law dealing with the establishment, duties, and powers of and available remedies against authorized agencies in the executive branch of the government
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administrative law
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is a systematic collection of laws designed to comprehensively deal with the core areas of private law
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civil code
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is one that supports conflicting one-sided positions held by individuals, groups or entire societies, as inputs into the conflict resolution situation, typically with rewards for prevailing in the outcome.
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adversary process
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The person who initiates a lawsuit.
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plaintiff
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In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
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defendant
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is the most prevalent legal system in the modern world and the oldest in human history. It is based on a code, or "a systematic collection of interrelated articles written in a terse, staccato style." [1] The two other major legal systems in the world are common law and Islamic law.
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civil law
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or penal law, involves prosecution by the government of a person for an act that has been classified as a crime.
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criminal law
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Power of a court to adjudicate cases and issue orders.
Territory within which a court or government agency may properly exercise its power. |
jurisdiction
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That which is given to courts to take cognizance of cases which may be instituted in those courts in the first instance.
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original jurisdiction
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of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review a lower court's decision. In the United States these courts are also referred to as trial courts.
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original jurisdiction
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The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first instance.
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appellate jurisdiction
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The legal right to initiate a lawsuit.
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standing
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: to testify or declare by affirmation as distinguished from swearing an oath
2: to uphold a judgment or decree of a lower court |
affirm
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the oposite of affirm
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reverse
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to order back: as a: to send back (a case) to another court or agency for further action b: to return to custody pending trial or for further detention
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remand
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Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel (but seldom in other than a criminal case).
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in forma pauperis
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"... a phrase that literally means "friend of the court"
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amicus curiae
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is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the court from controlling all the cases it agrees to hear.
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rule of four
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A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.
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writ of certiorari
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"to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.
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stare decisis
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Law. a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
2. any act, decision, or case that serves as a guide or justification for subsequent situations. |
precedent
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The legal right to initiate a lawsuit.
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standing
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: to testify or declare by affirmation as distinguished from swearing an oath
2: to uphold a judgment or decree of a lower court |
affirm
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the oposite of affirm
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reverse
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to order back: as a: to send back (a case) to another court or agency for further action b: to return to custody pending trial or for further detention
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remand
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Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel (but seldom in other than a criminal case).
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in forma pauperis
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To be heard by the federal courts cases must meet certain standards
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justiciability
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is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution
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Marbury v. Madison (1803)
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2 : a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional
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judicial review
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was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary. Article III, section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court", and such inferior courts as Congress saw fit to establish.
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Judiciary Act of 1789
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The Constitution empowers Congress to establish all federal courts inferior to the Supreme Court. On the lowest level and handling the greatest proportion of federal cases are the district courts—including one each in Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and the District of Columbia—where all offenses against the laws of the United States are tried.
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role of judiciary in US system
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refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. In the United States the phrase is also commonly used more loosely as a generic term for conservativism among the judiciary.
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strict constructionist
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is when courts do not confine themselves to reasonable interpretations of laws, but instead create law. Alternatively is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action.
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judicial activism
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The view that the Supreme Court (and other lesser courts) should not read the judges' own philosophies or policy preferences into the constitution and laws and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state governments within their constitutional spheres of authority.
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judicial restraint
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a hearing held by the US Senate to gather information on whether to approve or reject candidates for high federal office who are nominated by the president
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confirmation hearings
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: a custom of the United States Senate of refusing to confirm a presidential appointment of an official in or from a state when the appointment is opposed by the senators or senior senator of the president's party from that state
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senatorial courtesy
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is a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional, i.e. whether or not they conflict with constitutionally established rights and freedoms.
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constitutional courts
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: a trial court that has jurisdiction over certain cases within a specific judicial district
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District Courts
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are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
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Courts of Appeal
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(SCOTUS) is the highest judicial body in the United States, and leads the federal judiciary.
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U.S. Supreme Court
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A lawsuit brought by one party on behalf of a group of individuals all having the same grievance.
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class action suit
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The dual court system is the distinction of state and federal courts that make up the judicial branch of government. Where a case does not involve the government or multiple states, the state court has been assigned jurisdiction as stated in the United States Constitution. There has been some talk of court unification at different points over the last century, but it has not taken place universally.
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dual court system
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is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United States, or treaties to which the United States is a party.
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federal-question cases
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is a concept used in civil procedure to refer to the situation in which a U.S. (federal) district court has subject matter jurisdiction to hear a civil case because the parties are "diverse" in citizenship, which generally indicates that they are citizens of different states (corporate parties, and non-U.S. citizens can also be included).
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diversity cases
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are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.
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oral argument
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a number of formal document types
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brief (judicial)
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is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal.There is a defendant and an accuser.
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decision
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a decision made by the court that is not yet legally made
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opinion
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is a decision delivered via an opinion issued in the name of the Court rather than specific justices. Most decisions on the merits by the Supreme Court (and other appellate courts in the U.S.) take the form of one or more opinions signed by individual justices (and joined in by others).
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per curiam opinion
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(majority opinion)
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opinion of the court
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is a written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. the author agrees with the decision of the court but normally states reasons different from those in the court opinion as the basis for his or her decision.
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concurring opinion
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(minority opinion)
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dissenting opinion
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About the Commission Ohio's Ethics Law Advice Education & Public Information Financial Disclosure Investigation
Comments Forms Home Site Map Related Links What is an Advisory Opinion? -------------------------------------------------------------------------------- A written advisory opinion from the Ethics Commission is an interpretation of the law as it applies to a set of facts provided in writing by the requester. |
advisory opinion
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