Government and Civics: Semester 1 Exam
What are the parties of civil law?
- Plaintiff= suffered some harm - Defendant= party responsible for harm
What are roles of the court?
- Resolve Disputes - Setting Precedent - Interpreting the Law
The Declaration of Independence was the document adopted at the __________ on _________.
- Second Continental Congress - July 4, 1776
District courts
- Trial counts assigned to specific geographic areas - Have original jurisdiction over federal cases that originate there - Engage in making a decision based on facts of case and law
What is the order of presidential succession?
- Vice-President - Speaker of the House - President pro Tempore - Secretary of State - Secretary of the Treasury - Secretary of Defense - Attorney General
Who is included in the White House Staff?
- chief of staff (manages White House) - press secretary - speech writers - national security and domestic policy experts - scheduling and advance office
Imprisonment
- prison = more than one year - jail = less than one year
What are major arguments for imprisonment?
- retribution - rehabilitation - deterrent - protection for society
What are the types of colonies?
- royal - proprietary - charter/corporate
Heads of a department are referred to as ______, except Justice which is the ______________
- secretaries - Attorney General
powers that the constitution does not explicitly give to the federal government nor forbid to the states
10th amendment
How many cabinet departments are there?
15
How are senators chosen today?
17th amendment: chosen by the voters in the state
What is the term limit for a member of the House of Representatives?
2 years
Preamble
states the purpose of the Constitution
Used by a state or locality in a broadly-defined area. Projects include developing public transportation systems, anti-crime programs, community youth activities
Block grants
most states determine candidates by who gets the plurality, others determine by who gets the majority
Runoff primary
deals with special issues not covered by standing committees
Select committee
Represent the entire state
Senator
Keep in isolation
Sequester
Felonies
Serious crimes
assist constituents with bureaucratic and ceremonial tasks
Servants of their constituents
Parties that concentrate on only one public policy matter
Single-issue parties ("know nothings")
Population in a territory gives up to the government as much power as is needed to promote well-being
Social contract theory
If the federal government is a party, the brief is filed by the ___________.
Solicitor general
the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.
Solicitor general
parties that have split away from one of the major parties
Splinter parties (bull moose)
a permanent committee in each chamber that meets regularly
Standing committee
What is the oldest cabinet?
State and treasury
How were senators originally chosen?
State legislators
process by which courts often decided meaning of laws that legislatures have passed
Statutory interpretation
Consists of laws that are passed by lawmaking bodies of local, state, & national governments
Statutry laws
constitution and laws and treaties of the United States are the Supreme law of the land
Supremacy clause
refers to any state that could reasonably be won by either the Democratic or Republican presidential candidate by a swing in votes
Swing state
Why are block grants preferred?
preferred by most state and local governments because they have freedom to decide how to spend the money
Refuse to hear
"Deny cert"
Get agreement of at least 4/9 justices to hear case
"Grant cert"
draw attention to issues ignored by the two big parties
"Innovator role"
a type of minor party role that pulls decisive votes away from major party candidates
"Spoiler role"
How is guilt established in criminal law?
"beyond by a reasonable doubt"
What is the establishment of guilt in civil law?
- "Preponderance of the evidence" - "Clear and convincing evidence"
How many appellate courts are there? How many circuits are there?
- 13 appalleate courts - 11 circuits
First Continental Congress
- 1774 - response to Intolerable Acts - all colonies present except Georgia - protest British policies - sent King George Declaration and Resolves of the First Continental Congress - boycott of British goods until changed - planned for second meeting in May
Second Continental Congress
- 1775 - all 13 colonies represented - Hancock appointed President of Congress - George Washington commander-in-chief - Thomas Jefferson became the Virginia delegate - became nation's first national government - served as government for five years (Declaration of Independence 1776 - Articles of Confederation 1781)
FECA Amendments of 1974 and 1976
- 1974: response to Watergate scandal - 1976: response to Buckley v. Valero that limits on campaign financing are unconstitutional
What are the requirements to become a member of the House of Representatives?
- 25 years old - U.S. citizen for 7 years - Inhabitant of the state to which they are being elected - May refuse to seat a member-elect or discipline/expel one of its members
What are the requirements to become a member of the Senate?
- 30 years old - Citizen for 9 years - An inhabitant from the state elected - Can also refuse to seat members and discipline or expel members
How does the executive branch check the judicial branch?
- Appoints Supreme Court justices - Appoints other federal judges
What are powers of the state?
- Authority to build schools - Ability to create local governments - Require licenses/ certificates to work in certain occupations - Oversee marriages/ divorces/ driver's licenses
What are the roles of a president?
- Chief Executive - Commander-In-Chief - Chief Agenda Setter - Representative of the Nation • Chief of State - Foreign Policy leader - Party Leader
What is the parliamentary system?
- Chief Executive is chosen by the majority of the Legislature (leader of majority party or majority coalition) - Members of the Executive branch are chosen from the parliament by the PM with parliament's approval. - If the Executive loses parliament's support, a new government must be formed. This would be the result of a "no confidence" vote.
What are concurrent powers?
- Establishing court systems - Enforcing laws - Collecting taxes - Taking private property for public use (eminent domain)
What is the presidential system?
- Legislative & Executive branches are separate, independent, and co-equal - President is chosen independently of the Legislature - Members of the Executive branch may not be members of the Legislative branch - President serves as head of state
What are foreign policy goals?
- Maintain national security - Support democracy - Promote world peace - Provide aid to people in need - Establish free and open trade
How does the legislative branch check the judicial branch?
- May impeach federal judges - Creates lower courts
How does the legislative branch checks the executive branch?
- May override a President's veto - May impeach the President - Approves appointments of judges - Approves treaties
How does the executive branch check the legislative branch?
- May veto legislation (laws) - May call special sessions of Congress
What are the qualifications to become president?
- Native-born US citizen - At least 35 years old - US resident for fourteen years
What are roles of the political parties?
- Nominating Candidates - Informing and Activating Supporters - Informing People - Functioning as a "Bonding Agent" - Governing (partisanship) - Helping the Government Run More Smoothly - Watchdog Function - Help Make Democracy Work
What are the kinds of laws?
- common - statutory - constitutional - administrative - criminal - civil
What are the three categories of civil law?
- contracts - torts - property law
What are sources of authority?
- democracy - republic - dictatorship/authoritarian
How long is a session of Congress?
- each congress generally has two sessions - convenes to conduct business (adjourns when business is complete)
What acts happen before a new state is admitted?
- enabling act: directs framing of the state's constitution - act of admission: if voters approve constitution, submitted to congress, if approved congress passes act of admission, creating new state - conditions for admission: conditions for the state to be admitted
What does Article II give the president? Who is apart of Article II?
- executive power to the president - includes Vice President, cabinet, and executive departments
What are presidential powers?
- executive powers - diplomatic powers - military powers - judicial powers - legislative powers
What are the three types of federal powers?
- expressed - implied - inherent
What are the theories on the origins of the state?
- force theory - divine right of kings theory - evolutionary theory - social contract theory
What are the four types of grant programs?
- grants-in-aid program - categorical grants - block grants - project grants
Courts of Appeals
- hears appeal from district courts - no juries (panel of three judges) - review only issues of law
What are the three aspects of the Legislative Branch?
- historical - practical - theoretical
What are foreign policy theories?
- isolationism - realism (realpolitik) - neoisolationalism - idealism
Stare decisis
- let the decision stand - rarely reverses decisions
What are the kinds of court opinions?
- majority - concurring - dissenting
How does the judicial branch check the legislative branch?
- may declare acts of Congress unconstitutional
How does the judicial branch check the executive branch?
- may declare executive acts unconstitutional
What is apart of Article III?
- national judiciary - created Supreme Court - lower/inferior courts
What are the basic concepts of government?
- ordered - limited - representative
What are parts of the criminal justice system?
- police - organization - arresting suspects
What are the characteristics of a state?
- population - territory - sovereignty - government
The White House Staff is appointed by ______ and are not subject to _________ for confirmation
- president - senate
What is the presidential compromise?
- president to be chosen by state electors - representatives + senators = number of electors
What are state powers?
- to conduct elections - to establish schools - to regulate business within a state - to establish local governments - to regulate marriage, divorce - to assume other powers not given to the federal government nor denied to the states, by the constitution
What are shared powers?
- to enforce laws - to establish courts - to borrow money - to secure the population - to build an infrastructure - to collect taxes - to make laws
What are federal powers?
- to maintain an army and a navy - to declare war - to coin money - to regulate trade between states and foreign nations - to make treaties
What are the steps to the legal process?
1. Appearance in court 2. Primary hearing 3. Indictment 4. Arraignment 5. Jury selection 6. Trial 7. Verdict 8. Sentencing 9. Plea bargaining
In what three forms is administrative law delegated?
1. Congress authorizes agencies to make rules & regs that fill in details of legislation 2. Congress authorizes agencies to enforce rules that they make 3. Congress authorizes agencies to attempt to resolve disputes that arise over their enforcement measures
What are the three scenarios of the SCOTUS original jurisdiction?
1. Diplomatic reps of other nations 2. Disputes between two or more states 3. Disputes between the state and federal government
What were the three purposes of the Declaration of Independence?
1. Established principles of equality for all. 2. Enumerated colonists' reasons for separation from England. 3. Served as a declaration of war.
How does a bill become a law?
1. First reading 2. Referral to committee 3. Hearings 4. Markup 5. Floor consideration 6. Voting 7. Conference committees 8. Presidential action
What are the five major roles of Congress?
1. Legislators 2. Representatives of their constituents 3. Committee members 4. Servants of their constituents 5. Politicians
What is the purpose of the amendments?
1. Protect individual freedom 2. Expand voting and other rights 3. Extend government's power
What are the three decisions of a court of appeals?
1. Reverse 2. Affirm 3. Sent back to district court for trial
How many members are in the Senate?
100 (2 from each state)
Agreed to count slaves as 3/5ths of a person for the purpose of determining a state's representation in the House
3/5ths Compromise
How many members are in the House of Representatives?
435
How long is a term in the Senate?
6 years
What is a plea?
A appeal or urgent request
Includes regulations made by executive department and independent agencies
Administrative law
arguments in relation to precedents, law, Constitution, and seek to make good public policy
Amicus curiae brief
Authority of court to review a decision of a lower court or administrative agency
Appellate jurisdiction
the determination of the proportional number of members each US state sends to the House of Representatives, based on population figures
Apportionment
a hearing in which a suspect is charged and pleads guilty or not guilty
Arraignment
Escobedo v. Illinois
Arrested meet with attorney
creates the Legislative Branch
Article 1
creates the Executive Branch
Article II
creates the Judicial Branch
Article III
Relations among states
Article IV
Amending the Constitution
Article V
"rule by one" one person, one party
Autocracy
Law that punishes someone who's not been convicted in a court of law
Bill of attainder
United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns
Bipartisan Campaign Reform Act of 2002
receive ballot with every candidate listed and vote
Blanket primary (unconstitutional)
What is the limit for the number of terms a member of the House of Representatives can serve?
No limit
How did Britain respond to the First Continental Congress?
British officials responded by passing even stricter measures
departments to assist in carrying out work of the executive branch
Cabinet
Payments by Federal Gov't to carry out specific activities. Amount of aid usually based on certain conditions.
Categorical grants
a formal vote in congress that disapproves of a member's behavior
Censure
taken every ten years to determine how many representatives each state has
Census
Needs a reason
Challenge for cause
founded without any direct authorization from english government, controlled military affairs and trade, irregular.
Charter/corporate colony
reversed decision in McConnell and open floodgates for special interest money (led to rise of superPACs)
Citizens United v. FEC (2010)
One private party brings a lawsuit against another for causing some harm
Civil law
Similar to a direct democracy and sovereign power is held by those eligible to vote (Greece)
Classical republic
only declared party members can vote
Closed primary
serve on committees that screen proposals for floor consideration
Committee members
A legal system based on custom and court rulings
Common law
Includes much of the law applied in cases where one person blames another for injury & sues for damages- acted negligently or irresponsibly
Common law
lessens the severity of a convicted person's sentence
Commutation
held by both federal and state governments
Concurrent powers
matters when the house and senate must act jointly; does not have full force or require presidential signature
Concurrent resolution
agrees with outcome, but may disagrees with grounds used for deciding case
Concurring opinion
Alliance of independent states joined together to achieve a common goal. Typically, there is no central government
Confederal system
temporary bodies appointed to work out compromises between two chambers
Conference committee
ruling on the meaning of phrases in the Constitution
Constitutional interpretation
law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional law
A component of the Cold War, this policy was a response to a series of moves by the Soviet Union to enlarge its communist sphere of influence in Eastern Europe, China, Korea, and Vietnam
Containment
a United States policy using numerous strategies to prevent the spread of communism abroad
Containment
legal promises between 2 or more parties
Contracts
established in 1946 to give expert economic advice to president
Council of Economic Advisors
A law that defines crimes against the public order
Criminal law
The formal statement written by Thomas Jefferson declaring the freedom of the thirteen American colonies from Great Britain.
Declaration of Independence
making treaties, making executive agreements, and recognizing governments
Diplomatic powers
"Pure democracy" in which people themselves formulate public policy
Direct democracy
Disagrees with majority and states grounds for dissent
Dissenting opinion
How are cabinets divided?
Divided into units of specialization
God created the state & the government is made up of those chosen by God to rule
Divine right of kings theory
political parties rooted in periods of economic discontent
Economic protest parties (populist)
a body of people representing the states of the US, who formally cast votes for the election of the President and Vice President
Electoral college
Population formed out of primitive families. Heads of families became
Evolutionary theory
law that applies to an action that took place before law was passed
Ex post facto
executing laws, appointing officials, and executive privilege (President's right not to hand over documents or to testify in matter that are believed by the President to be the Executive Branch's confidential business)
Executive powers
powers that the Constitution expressly grants to the federal government
Expressed powers
the primary United States federal law regulating political campaign fundraising and spending
Federal Election Campaign Act of 1971 (FECA)
Power is divided among national, state, and local governments.
Federal system
most common, belonged directly to the Crown
Royal colony
Control claimed over a territory & population forced to submit. Controllers claim sovereignty.
Force theory
drawing congressional boundaries to favor one group over another
Gerrymandering
great openness
Glasnost
Money or other resources that the federal gov't provides to pay for state or local activities. Used only for specific projects and programs.
Grants-in-aid program
created a two-house legislature, with the Senate having equal representation for all states and the House of Representatives having representation proportional to state populations
Great Compromise
Environmental issues, universal healthcare, and campaign finance reforms
Green party
What is the newest cabinet?
Homeland security
a jury that cannot agree on a verdict
Hung jury
Internationalist foreign policy if good for both countries. Support democratic values everywhere and protects American ideals. It supports U.S. involvement in Somalia, Bosnia, and Haiti.
Idealism
parties based on a particular set of beliefs
Ideological parties (libertarian)
A formal document charging a public official with misconduct in office
Impeachment
powers suggested by the expressed powers (necessary and proper or elastic clause)
Implied powers
A formal charge by a grand jury
Indictment
"Representative democracy" in which a group of people chosen by population to formulate public policy
Indirect democracy
powers that naturally belong to any government of any sovereign country
Inherent powers
a policy of remaining apart from the affairs or interests of other groups, especially the political affairs of other countries
Isolationism
main philosophy behind US foreign policy during the 1800's & in the years between the 2 World Wars
Isolationism
a unicameral (one-house) legislature with equal votes of states and an executive elected by a national legislature
New Jersey Plan
made up of members of both chambers
Joint committee
deals with unusual or temporary matters; does have full force of law and does require presidential signature
Joint resolution
the practice of judges using their court decisions to make new public policy to advance what they believe to be desirable social goals
Judicial Activism
the practice of judges narrowly interpreting laws and limiting their decisions in order to avoid making public policy
Judicial Restraint
constitutional powers to appoint Supreme Court justices
Judicial powers
recommending legislation, vetoing legislation, and lobbying
Legislative powers
study proposals and draft legislation and frame public policies
Legislators
Misdemeanor
Less serious crime
reflects view of majority of justices on the court
Majority opinion
Act is "wrong in itself" and violates natural, moral, and public principles of civilized society
Malum in se
Act is "wrong due to being prohibited"
Malum prohibitum
a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that they find to violate the Constitution of the United States.
Marbury v. Madison (Judicial Review)
U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures
McCullough v. Madison
President can commit troops and send them in to action
Military powers
established in 1993 by President Clinton to provide guidance on economic policy; top priority is to monitor and advise president on US trade and industrial technology
National Economic Council
established in 1947 to improve coordination between CIA, state and defense departments (headed by national security advisor)
National Security Council (NSC)
System of justice derived from nature that would apply even if government didn't exist
Natural law
Believe that the US should keep its foreign involvement to a minimum- both for the good of the US and the other nation
Neoisolaionism
seen in local elections (town, school board, judges)
Nonpartisan party
40 years defense against Soviet sand expanding cooperation with new partners in rest of Europe
North Atlantic Treaty Organization (NATO)
it was formed in 1949 to provide collective security against the threat posed by the Soviet Union
North Atlantic Treaty Organization (NATO)
helps to improve President's annual budget recommendation to Congress
Office of Management and Budget (OMB)
"rule by few" military juntas, group of wealthy people
Oligarchy
Unicameral
One house
handed both ballots and choose one or ask for particular party's ballot
Open/crossover primary
the power of a court to hear a case first, before any other court
Original jurisdiction
grants release from punishment
Pardon
a set of principles, goals, and strategies designed to address pressing political issues
Party platform
Don't need a reason
Peremptory challenge
economic restructuring
Perestroika
Each party's platform is broken down into ________, or declarations that speak to each specific issue
Planks
a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea
Plea bargaining
balance interests of constituents and political party
Politicians
awarding of money form the govt to a member's home district, often for construction of roads, govt buildings, or transportation
Pork-barrel spending
Who calls a special session?
President (can be either a joint session or one chamber)
choose presidential nominee preference and choose delegates to the party's national convention
Presidential primary
apply to certain persons or places
Private bill
the release of an offender from detention, subject to a period of good behavior under supervision
Probation
Grants made to state, local, or private agencies for specific projects
Project grants
violations of the rights one has as an owner of land or other personal property
Property law
territory granted by king to proprietors and put under their personal control
Proprietary colony
apply to nation as a whole
Public bill
The theoretical outlook prescribing that countries should increase their power and wealth in order to compete with and dominate each other
Realism (realpolitik)
primary goal: gain allies that are militarily strong, strategically located, and can help in preventing the expansion of hostile countries
Realism (realpolitik)
be the people's representative on important matters
Representatives of their constituents
postpones the carrying of a person's sentence
Reprieve
deals with matters concerning either chamber alone
Resolution
bill that is not likely to pass on its own merits (attached to an important measure)
Rider
Gideon v. wainwright
Right to an attorney
Miranda v. Arizona
The accused must be notified of their rights before being questioned by the police
Legal system of the state is based on religious law (country is ruled by religious leader)
Theocracy
harms one party causes another and for which the victim may receive damages
Torts
government controls all aspects of citizens' lives
Totalitarian/despotism
leader is a central chief of clan, nobility, or tribe (city-states)
Tribal republic
Each term of congress lasts for ___ years
Two
Bicameral
Two houses
All legal power is held by a national or central government and local governments have no power & are merely administrative units.
Unitary system
roles in executive branch and head of the senate
Vice President
a strong national government with three branches: legislative, executive, and judicial. The plan called for a legislature divided into two bodies (the Senate and the House of Representatives) with proportional representation
Virginia Plan
questioning of each potential juror
Voir dire
the primary means to petition the court for review is to ask it to grant
Writ of certiorari
this is a request that the Supreme Court order a lower court to send up the record of the case for review
Writ of certiorari
Order requiring police to bring all persons to court and show just cause to keep them incarcerated
Writ of habeas corpus