AP Gov Unit 2 Part 2 Quiz

Federal Judiciary

the branch of the federal government that interprets and applies the laws of the nation.

Judiciary Act of 1789

set up fed court system - more detailed than what is in constitution. The Act provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals.

Supreme Court

the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation.

Justiciable Dispute

a case which is able to be decided by a court on the basis of merit; involves a real issue/ not hypothetical and able to be decided by law.

Original jurisdiction

the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case.

Appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system.

Federalist no. 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches.

Marbury v. Madison

established Judicial review, declared Judiciary Act of 1789 unconstitutional.

Criminal Law

a category of law covering actions determined to harm the community itself.

Civil Law

a category of law covering cases involving private rights and relationships between individuals and groups.

Federal District Court

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

Federal Court of Appeals/ Circuit Courts

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

Litigants

person involved in a lawsuit/ civil legal cases.

Stare decisis

letting a previous decision stand.

Precedent

a judicial decision that guides future courts in handling similar cases.

Majority opinion

binding Supreme Court opinions, which serve as precedent for future cases.

Dissenting opinion

an opinion that disagrees with the majority opinion and does not serve as precedent.

Concurring opinions

an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent.

Recusal

withdrawal of the judge from a case because they lack the ability to be impartial.

Judicial restraint

a philosophy of constitutional interpretation that justices should be cautious in overturning laws - decisions almost purely based on law.

Originalism

Constitution should be understood based on the intentions or historical context of the writers.

Judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies - decisions based on policy view more than law.

Living constitution

constitutional interpretation changes overtime.

Federal bureaucracy

the departments and agencies within the executive branch that carry out the laws of the nation.

Bureaucrat

an official employed within a government bureaucracy.

Political patronage

filling of administrative positions as a reward for support, rather than solely on merit - spoil system.

Federal civil service

the merit-based bureaucracy, excluding the armed forces and political appointments.

Pendleton Civil Service Act

an act of Congress that created the first United States Civil Service Commission to draw up and enforce rules on hiring, promotion, and tenure of office within the civil service.

Merit system

a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections.

Iron triangles

coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals.

Issue networks

webs of influence between interest groups, policymakers, and policy advocates.

Office of Personnel Management

manages the bureaucracy by coordinating recruitment and other HR functions.

Hatch Act

limits political activity to civil-service employees in the executive branch (does not apply to President, Vice President) such as inviting subordinates to political events or undertaking partisan political activities.

GS rating

the grade level of a civil servant on the General Schedule (higher grades = higher pay).

Implementation

the bureaucracy's role in putting into action the laws that Congress has passed.

Independent regulatory agencies

Federal agencies that have been established by Congress to have a certain amount of independence from the President.

Government corporations

pieces of the bureaucracy that act like businesses - sell their service - ex: postal service.

Independent executive agencies

outside of all three branches of the federal government that do research, compile statistical data, and produce information resources.

Bureaucratic discretion

the power to decide how a law is implemented and, what Congress meant when it passed the law.

Regulation

the process through which the federal bureaucracy makes rules that have the force of law, to carry out the laws passed by Congress.

Bureaucratic adjudication

when the federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program.