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106 Cards in this Set

  • Front
  • Back
What are the powers of the governor?
1. Appoint powers
2. Budgetary powers
3. Veto powers
4. Power to pardon
5. Power to call special sessions
How have the powers of the governor changed over time?
*powers impact strength of the office
Gubernatorial power has expanded; also the political & policy responsibilities of governors have expanded
Governor who takes a leading role in setting the political agenda of the state, as opposed to a gov who views himself more as a manager or caretaker
activist governor
Legislative vote of much more than a simple majority, for instance, two-thirds of a legislative chamber voting to override a gov's veto.
Supermajority vote
What is the balance of power between gov & legislature?
1. veto power of gov & leg override provisions
2. Budget authority
Powers explicitly granted to govs according to state law are referred to as these.
Formal powers
The ability to effectively communicate with others by commanding media attention and persuading party members are these.
informal powers
*determine whether a gov is able to exert a strong or weak influence on the legislative process*
A gov's ability to pick individuals to run state gov't
appointment powers
Across the states, the power of ____ is weighted more in favor of the gov than either veto power or budgetary power
Power of Appointment
(3.5 avg)
What are some gubernatorial characteristics?
1. Increasingly from variety of professional & demographic backgrounds
2. have some leg experience
3. 4 of the last 5 presidents served as gov
4. more women
Second year of the presidential term is called this?
Governor elections are held in off-years to focus on state issues.
Descibe the selection & retention of the gov
- high re-election margins common
- Rarely removed from office (impeachment, recall, criminal conviction)
- Term limits common (36 states limit to 2 terms or 2 consec terms)
Process by which the legislature can remove executive branch officials, such as the gov, or judges from offices for corruption or other reasons
-2nd in charge
-increasingly gaining political clout
-presides over Senate, breaks roll-call ties
-can be appointed to cabinet position
-acting gov
Lieutenant Gov
-top state law enforcement official
-represents state agencies
-civil suits (tobacco litigation)
-open meetings & records
-enforces laws (envi laws, criminal appeals, corp charters, charities)
Attorney General
-repository of state records & archives
-presides over state elections
-UCC admin (commercial behavior)
-lobbyist registration
-corp registration
Secretary of State
Rules or regulations with the force of law that governors can create directly under the statutory authority given them
Executive orders
Cases that involve violations of the law.
Criminal cases
Cases that involve disputes between private parties.
Civil cases
In the new judicial federalism, state supreme courts are shifting attention where?
to the state constitutions (they expand rights for citizens beyond US Const)
In this, court interpretations drive spending priorities and act as mandates in some cases Ex: Ohio, NJ, NM ... what happened in each?
New Judicial Federalism

Ohio: efficient common system of education
NJ: efficient system of free public schools
NM: Bilingual education
There are 2 basic types of state court systems: criminal & civil.
If parties involved can't reach settlement or plea bargain, case goes to court of first instance = trial court
Characteristics of state court systems
Agreement in which the accused admits guilt, usually in exchange for a promise that a particular sentence will be imposed.
Plea bargain
The starting point (first level) for most court cases
trial court
Mutual agreement between parties to end a case before going to trial
A request to have a lower court's decision in a case reviewed by a higher court
What determines which types of cases are permissible in court?
the Level of Jurisdiction (limited or general)
Jurisdiction is the authority to hear the case in question. What are the 2 levels?
1. General
2. Limited (special)
-low amt $
-specific offenses between parties (drugs, child custody), age of offender (adult, juvenile)
A court that reviews court cases to find possible errors in their proceedings, providing outlets for parties who feel they were treated unfairly
Intermediate Appellate Court
-vary according to level of jurisdiction
Parties can file for an appeal (lower ct's decision reviewed by higher ct) by what?
alleging error
*not just any error: errors of law (not errors of fact) and prejudicial error
What are the 2 types of jurisdiction?
1. Mandatory- must hear
2. Discretionary- may hear
What is the highest level of appeals court in a state?
State Supreme Court
Retention elections
Jugdges run uncontested and voters are asked to vote "yes" if they wish to retain a judge in office for another term or "no" if they do not.
Judicial selection systems in which the gov appoints judges alone without a nominating commission.
Pure appointive systems
(a way to preserve measure of accountability)
In these races for judicial campaigns, voter turnout is lower
Down-ticket races
For judical campaigns, there has been a recent ___ in campaign spending
US courts of appeal usually sit in groups of 3 judges to hear a case
Refers to appeals court sessions in which all of the judges hear a case together
En Banc
What are the stages of case moving through the state court system?
1. Courts of limited jurisdiction (Civil, City, District, etc)
2. Courts of general juris (Supreme Court, County Ct)
3. Intermediate appellate court (App divisions of sup ct & app terms of sup ct)
4. Court of last resort (Court of Appeals)
Hears any civil or criminal cases that have not been assigned to a special court
General jurisdiction trial courts
This is when a trial has no jury and a judge decides the facts
Bench trials
In this type of method for selecting justices there is: popular control, democratic principles, diversity potential, and can be partisan or nonpartisan
Advantages of Popular elections
What are the 2 methods for selecting justices in state court systems?
1. Missouri Plan - justices appointed based on merit sys. with nonpartisan nominating committees
2. Popular elections: Justices chosen based on partisan/nonpartisan public elections
The president appoints federal judges with advice and consent of the ___?
What are the 2 characteristics states are forced to choose between when selecting judges?
Independence: life time tenure
Accountability: public tenure
The use of the past to determine current interpretation and decision making
Judicial selection systems in which the gov appoints judges alone w/o a nominating commission
Pure appointive systems
A government official who conducts criminal cases on behalf of the people.
Prosecutor -represent the public
A dimension of the appointment process in which some form of nominating committee screens names and forwards names to the selector (either gov or the leg)
Merit (may also include partisan politics)
A gov't lawyer who provides free legal services to those accused of a crime who cannot afford to hire a lawyer.
Public defender
The tendency of gov't to make a crime out of anything the public does not like
Legislative over-criminalization
What are the limitations for prosecutors? (3)
grand jury
jury nullification
A formal criminal charge
A group of b/tw 16 & 23 citizens that decides if a case should go to trial; if yes, indictment is issued.
Grand Jury
Occurs when a jury returns a verdict of "notguilty" even though jurists believe the defendant is guilty. The jury cancels out a law that it believes is immoral or was wrongly applied to the def.
Jury nullification
A serious crime, such as murder or arson.
a less serious crime, such as shoplifting
Private lawyers selected by the courts to handle particular cases and paid from public funds.
assigned counsel
Private attorneys who enter into agreements with a state, county, or jud district to work on a fixed-fee basis per case or for a specific length of time.
contract attorneys
What does the 6th Amendment say?
Gives the right to counsel
What was the effect of the trial Gideon v. Wainwright?
Right to appointed counsel at state expense
What causes pressure on state courts?
1. most (75%) crim defendants can't pay for legal services
2. increasing litigation rates and lack of funding
What/who reduces pressure on state courts and considers the rights of victims of crime?
Assigned council and contract attorneys
What 3 factors make a jury trial not required?
a sentence of 6 or less months, juvenile issues, probation revocation
What 4 things make you a candidate for selection on a jury?
1. minimum age
2. literacy
3. english communication
4. some statutory exclusions
A legal obligation or responsibility
The interviewing & examination of potential jurors
Voir Dire
Occurs when a lawyer asks the judge to excuse a potential juror b/c the individual appears to be biased or unable to be fair.
For Cause Challenge
Used by lawyers to dismiss potential jurors for any reason except race or gender.
Peremptory challenges
What are some Defendant's Rights (7) from the Constitution?
1. Presumption of innocence
2. Protection against unreasonable search/seizure
3. Right to lawyer
4. Right to jury trial
5. Right to confront witnesses
6. Right to due process & equal protection
7. Protection against cruel & unusual punishment
The judge sentences an offender to a minimum & a max time in prison. (Parole board decides how long the offender actually remains in prison)
Indeterminate sentencing
The judge sentences offender to serve a specific amount of time in prison depending on the crime
Determinate sentencing
Majority of states remain with this sentencing
Shortest sentences that offenders may receive upon conviction for certain offenses (All states)
Mandatory Minimum Sentences (court has no authority to impose shorter sentence)
These statutes impose harsher sentences for offenders who previously have been sentenced for crimes
Habitual Offender laws (3 strikes -CA model)
These laws give parole boards less authority to shorten sentences for good behavior by specifying the proportion of a sentence an offender must serve before becoming eligible for parole.
Truth-in-sentencing laws
By increasing caseloads, states are adopting reforms to expedite the judicial process. Name 4
1. Alternative Dispute Resolution
2. Rocket dockets
3. Magistrates
4. Specialized courts
Way to end a disagreement by means other than litigation (involves appointment of mediator)
Alternative dispute resolution
Fast-track cases that often have limited, specific deadlines for specific court procedures.
Rocket docket
Local officials or attorneys granted limited judicial powers
Public agencies & the programs and services they implement and manage
Employees of public agencices
What are the 5 characteristics of bureaucracy?
1. Division of labor.
2. Hierarchial (structure
& authority)
3. Formal rules (SOPs)
4. Maintenance of files & records
5. Professionalization
Bureaucratic employees earn their jobs based on qualifications & merit
Process of taking the expressed wishes of gov't and translating them into actions
Policy implementation
Lower-level public agency employees who actually take the actions that represent law or policy.
Street-level bureaucrats (balance laws, regulations, procedures etc)
The process of translating laws into written instructions on what public agencies will or will not do.
Bureaucracy varies according to the ___ and ___ of state/local constituencies.
demands and needs
States with the most and least bureaucracy vary by what 2 things?
1. by # of employees
2. by $$$
Many studies find ___sector more efficient and effective than ___sector in specific job performance.
public more effective than private
What are the 3 characteristics of public sector employees?
1. higher education
2. greater commitment to civic duty
3. ethics codes more strict
An administrative report card on areas of management
Gov't Performance Project
States with higher grades from the Gov't Performance Project had...
-avoided large tax cuts
-divided gov't
-powerful governors
Characteristics of bureaucracy produce what 3 things?
neutrality, fairness, accountability
He opened gov't to the common man in 1883
Andrew Jackson (spoils system and patronage)
The right of an electoral winner to decide who works for public agencies
Spoils system
First civil service law, shifts country from spoils to merit
Pendleton Act (1883)
-competitive exams of fed jobs
-protection against pol firings
-protection against forced pol contributions from salary
The idea that public agencies should be impartial implementers of democratic decisions
Neutral competence
Systems in which employment and promotion in public agencies are based on qualifications and demonstrated ability.
Merit systems
What does the merit system ensure?
neutral competence
A process in which representatives of labor and management meet to negotiate pay & benefits, job responsibilities, & working conditions
Collective bargaining
The length of time spent in a position
Policies designed to help recruit and promote disadvantaged groups
affirmative action
Idea that public agencies reflecting the diversity of the communities they serve will be more effective
Representative bureaucracy
Excessive use of rules, regulations, and procedures developed to manage affairs of gov't can be cumbersome and self-serving
Red tape
The delivery of public services and programs via the internet or other digital means
ATM Bureaucracy or "E-gov"