PLS Quiz 2

harsh or severe

draconian

the geographical area or type of law that a court has power to judge

juristiction

something done or said that may serve as an example or rule to justify a subsequent act

precedent

power of the supreme court to invalidate a law as unconstitutional

judicial review

Proceeding in a federal court without following the usual forms or paying the regular costs

In forma pauperis

Laws that apply throughout the United States

Federal law

"We wish to be certified" - an old writ used to bring the certified record of a case up from a lower court for immediate scrutiny by a reviewing bench.

Certiorari volumus

The judicial doctrine of following precedents

Stare decisis

Term often used to suggest that the present argument is stronger than one previously presented

Fortiori

For this one occasion only

Pro hac vice

"For this purpose only"

Ad hoc

Goal that appears on the facade of the Supreme Court Building:

Equal Justice Under Law

Supreme Court case in which the court first asserted the power of Judicial Review

Marbury vs. Madison (1803)

Structure of Federal Courts

The US Supreme Court, US Courts of Appeal, US District Courts

How many members in the US Supreme Court?

9

How many circuits in the US Courts of Appeal?

13

How many federal courts in the US?

94

How many federal courts are there in California?

4

What circuit court is California in?

The 9th circuit court

How many judges do courts of appeal have

3

How long are the US Supreme Court terms?

Life long

The US Supreme Court is nominated by the __________ and confirmed by a ______________ of the senate

President, simple majority

Judicial Opinions: from the majority

Majority

Judicial Opinions: means to agree, votes with majority, but for other reasons

Concurring

Judicial Opinions: written by the minority, write how they disagree and why

Dissenting

When four justices of supreme court must agree to hear a case

Rule of four

How many court cases does the supreme court hear a year?

70-75

Justice department official responsible for representing the federal government

Solicitor general

When the courts deem it necessary to take a more active role in changing, implementing or enforcing public policy

Judicial activism

When the courts defer to the other branches of government in making policy

Judicial restraint

Establishes the US Constitution and federal law made pursuant to the US constitution shall be "the supreme law of the land"

Supremacy clause

Division of power that declares war, coin money, control immigration, foreign policy, and interstate commerce

Federal

Division of power that control taxes, establishes courts, provides for the general welfare, creates and enforces laws

Concurrent

Division of power that control education, establishes local government, marriage, voting requirements, and driving privileges

State

Makes all states recognize the laws, official documents and judicial decrees of other states

Full faith and credit clause

Dual, cooperative, layer cake, and marble cake are all types of _________

Federalism

Method in which the federal government attempts to influence state policy in one area by linking it to federal funding in another

Crossover sanctions

The part of education amendments of 1972 that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance

Title IX (title 9)

When the federal government overrides or preempts state or local laws in certain areas

Pre-emption

Better suited for large diverse population, reduced threat of tyranny, "laboratories of democracies" and more responsive government are all advantages of ___________

Federalism

What are two advantages of federalism?

Better suited for large, diverse population, reduced threat of tyranny

Innefficient redundancies, economic inequalities, educational inequalities and legal inequalities are all disadvantages of ___________

Federalism

What are two disadvantages of federalism?

Economic and educational inequalities

Cabinets, independent executive agencies, independent regulatory agencies, and government corporation are the four levels of ________________

Federal bureaucracy

Titans/giants, HUGE amount of power, people, and responsibility/ major administrative units responsible for a broad area of government operation

Cabinets (department levels)

How many cabinets/departments are there?

15

Who heads the department of justice? (Only cabinet not headed by secretary)

Attorney general

Created by congress for more specific purpose, usually in terms of a service rather than regulating some activities (ex: NASA, CIA)

Independent executive agencies

Created by congress to exist outside major departments to regulate specific activities (ex: FEC, SEC, OSHA)

Independent Regulatory Agencies

The CIA, NASA and Peace Corps are examples of:

Independent executive agencies

The FEC, SEC, and OSHA are examples of:

Independent regulatory agencies

The US postal service, AMTRAK, and federal deposit insurance corporation (FDIC) are examples of:

Government corporations

Reform measure that established the civil service commission and created a merit system for federal civil service workers

Pendleton Act (1883)

Designed to eliminate the spoils system and limit patronage

Pendleton Act (1883)

Law which restricts the type and extent of political activity that federal bureaucrats may conduct

The Hatch Act (1939)

Term used to describe when a bureaucratic entity establishes a symbiotic relationship with a private interest group

Capture

Laws and regulations requiring that bureaucratic hearings and operations are held in public or with public disclosure

Sunshine laws

Term given to bureaucrat who exposes waste, fraud, abuse, illegalities or other tawdry aspects to the public or to other governmental entities

Whistleblower

Term that means In fact, what actually exists

De facto

Term that means by right, legally

De jure

Amendment that made slavery unconstitutional

13th amendment

Amendment that said anyone born in the US has citizenship (birthright citizenship)

14th amendment

What is the 14th amendment also known as?

Equal Protection Amendment

Amendment that granted de jure right for African Americans to vote

15th amendment

If your grandfather could vote, you can vote and vice versa

Grandfather clause

Voting discrimination that allowed white southerners to fail African Americans even if they passed

Literacy test

Voting discrimination that stopped the poor from voting

Poll tax

Generic term referring to laws that discriminated against African-americans

Jim Crow Laws

Supreme Court ruling that set the precedent of the "separate but equal" doctrine

Plessy v. Ferguson

Supreme Court ruling overturning plessy v. Ferguson and making racial segregation in public schooling unconstitutional

Brown v. Board of Education of Topeka, Kansas (1954)

Legislation passed by congress that outlawed segregation in public facilities and racial discrimination in employment, education, and voting

Civil rights act of 1964

Prohibits discrimination by covered employers on the bases of race, color, religion, sex, or national origin

Title VII (7) of the 1964 Civil Rights Act

Federal agency charged with ending employment discrimination and investigating discrimination complaints

Equal Employment Opportunity Commission (EEOC)

Discrimination or prejudice based on a person's physical appearance. Also known as appearance discrimination

Lookism

Supreme Court ruling establishing the right of a women to an abortion

Roe v Wade

Supreme Court ruling reversing Roe v Wade

Dobbs v Jackson Women's Health Organization

Law passed by congress to end discrimination against those who have physical or mental disadvantages

Americans with Disabilities act

Supreme court decision that established the precedent of the exclusionary rule that illegally seized evidence could not be used in court

Mapp v. Ohio

Supreme court decision stating that if a defendant cannot afford an attorney, one will be provided by the courts

Gideon v. Wainwright

Supreme Court ruling stating that police must inform suspects of their constitutional rights upon their arrest

Miranda v. Arizona

A form of late 19th century publishing that over-simplified and sensationalized news coverage

Yellow journalism

Newspaper publishing concerned with reforming governmental and business conduct

Muckraking

What are the two types of media biases?

Commercial and political bias

Term for Favoring one product over another/media influenced by their advertisers

Commercial bias

Term for Media that favors a political party or political candidate

Political bias

Independent regulatory agency responsible for policing the electronic airwaves

Federal communication commission (FCC)

Electronic airwaves are considered:

Public property

Which agency is responsible for policing electronic airwaves?

Federal Communication Commission

Putting a favorable interpretation on a story

Spin

Who are usually considered "spin doctors" or "spin meisters"?

Public Relations People (PRs)

The same phrase or terms used by different politicians to influence public opinion (Like slogans)

Talking points

What was Gideon arrested for in Gideon's Trumpet?

Breaking and entering

Why did Gideon go to trial without legal representation?

He couldnt afford an attorney

How long is Gideon sentenced to in prison? (Florida 1961)

Five years

While in prison, Gideon becomes determined to fight for his right to __________ and to _______________

Legal counsel, overturn his conviction

Gideon writes a handwritten petition to the US Supreme Court arguing that:

His 6th amendment right to counsel was violated

The Supreme Court agrees to hear Gideon's case, which becomes know as:

Gideon v. Wainwright

Gideon's case raises the fundamental question of whether the state must provide ___________ for indigent defendants accused of serious crimes

Legal representation

Who was the skilled attorney appointed by the Supreme Court to represent Gideon in the landmark case

Abe Fortas

In a unanimous decision in 1963, the Supreme Court rules in favor of Gideon, e stablishing the principle that:

The state must provide an attorney for defendants who can't afford one