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