Studied by 16 people
What is a tort?
an injury or wrong committed with or without force against another person or his property
How was the term tort reform used to institute caps on damages and mandatory arbitration?
Tort reform argued that people were taking advantage of torts to gain large amounts of compensation.
Tort reform
proposed changed in common law civil justice systems, to reduce tort litigation or damages
Caps on damages
a law that limits the amount a jury can award for damages regardless of the facts of the case
Mandatory arbitration
you agree to resolve any disputes about the contract before an arbitrator who decides the dispute instead of a court
Ex: accepting the terms and condition from Apple
Jurisdiction
a courts scope of authority
Original Jurisdiction
the right to hear and decide a case first
Appellate Jurisdiction
right to review a case that has been tried elsewhere
Exclusive Jurisdiction
right of a court to try a particular case
Concurrent Jurisdiction
right of multiple courts to try a case
Prosecutors
attorney that investigates and prosecutes criminal and civil cases and provides legal advice
Judges
presiding over trials and maintaining order
Grand Jury
12 persons, 3 month term, return indictment
Petit Jury
6 or 12 people, decide verdict
Hung Jury (Mistrial)
fail to reach consensus
Defendants
person sued in a civil or criminal proceeding
Appeal
A petition for another court to review a previous court's decision
On what grounds a case can be appealed?
in Court of Appeals- district and county level; 2-12 judges
Civil Law
dispute between parties. deals with contract, family and probate (wills, deeds, estate)
Criminal Law
violations of law against a person or property results in misdemeanor or felony
Appellate Process
The process to have a higher court review the result of a trial court or lower court. -County -District -Court of Appeals -Supreme/Court of Criminal Appeals
How are judges selected in Texas
partisan elections: party appears on ballot (D/R)
Pros of judge elections
Insure candidates are qualified for judicial office
Cons of judge elections
Judges are not independent in their interpretation of the law. Influenced by political affiliation.
Tragedy of the Commons
overconsumption and depletion of a shared common resource due to self-interest
Tragedy of the Commons in Politics
Interest groups will influence policies to work in their favor, even if it means depletion of a resource, an example being deforestation
Special Interests/Interests Groups
organizations that seek to influence government officials and policies toward a shared objective
Lobbying
communicating with legislators of other government officials for the purpose of influencing decision making
What specifically about the United States political system leads to so many special interest groups?
1st amendment, federalism, bipartisanship: allows multiple access points to influence government
Why is lobbying impossible to outlaw at the most basic level, but often leads to corruption?
Lobbying cannot be outlawed due to the 1st amendment.
Amount of HPD complaints sourcing from cops, about other cops
900 out of 1200
Who is more likely to be carrying contraband?
Whites
Who is more likely to be arrested for weed possession?
Blacks, 4x more likely
Who is more likely to be searched?
Blacks, 4x more likely
Half of Houstonians arrested during traffic stops:
Blacks
Angela Davis' definition of criminalization
Black people and their culture are being associated with crime through racist ideologies and stereotypes
Criminalization
associate crime with a group
Example of Criminalization
harassment
expulsion from school
use of force
asset forfeiture
questionable searches
Trayvon Martin’s school record being criminalized with his school record after he got shot dead by police
Your rights regarding interactions with law enforcement and their amendments:
4th amendment- search and seizure 5th amendment- self-incrimination (right to remain silent)
What constitutes a legal search?
Consent
Ideology
collection of beliefs regarding how society is ordered and the corresponding political decisions
Liberal
support individual rights and favor government regulation in the economy
Conservative
support traditional values and minimal government intervention in business and economic areas
Political Party
an organization of collected interests, formed to elect candidates and achieve policy goals
Duverger's Law
tendency of single member district systems to produce two parties
Texas Department of criminal corrections
to provide public safety
to promote positive behavioral changes
to reintegrate into general society
Recidivism
rates of offenders who returned to prison
How many HPD complaints result in any kind of discipline?
What % ended up an suspension of at least 3 days?
1200 complaints, 1/3
7%
What percentage of HPD complaints are filed by other officers?
75%
What is the usual outcome of a suspension after arbitration?
overturned, 2/3
What are four ways complaints can be resolved?
unfounded (event didn’t happen)
exonerated (event happened, in lined with policy)
sustained (event happen and violated policy)
Not sustained (IAD cant tell what happen)
What percentage of Houstonians arrested during traffic stops are black?
1/2, 23%
Are black or white drivers more likely to be carrying contraband according to HPD records?
White
How often does HPD perform consent searches on black vs. white drivers?
4 times everyday
how many excessive more complaints filed in the 6 year period?
706
what % of these were sustained, how many had video evidence?
2%, 15 total → 10 out of 15 had videos
how many shooting of humans or animals over this period?
550
What is posturing? How is it justify shootings?
a behavior that is misleading, assuming a nonthreatening posture
Political ideology
collection of beliefs regarding how society should be ordered and how resources should distributed
partisanship
what party you identify with or vote
examples of political ideology
libertarian
socialist
progressive
pacifist
examples of partisanship
democratic and republican parties
Why do politcal parties exist?
provide voter choice
provide informational shortcuts, you don’t need to know every candidate
provides avenue for political ambitions
Know that most elections in the US are run within single member districts, only one representative from a single district
--
third party
a party other than democratic or republican who appear on ballet
independent
not affiliated with party
Liberal
HIGHER taxes
HIGHER social spending
HIGHER environmental regulation
HIGHER business regulation
LOWER military spending
LOWER morality policy
Conservative
LOWER taxes
LOWER social spending
LOWER environmental regulation
LOWER business regulation
HIGHER military spending
HIGHER morality policy
4 levels to party organization
national
state
county
precinct
interest groups
an organization of people or corporations who share a common political goal and attempt to influence public policy
examples of interest groups
ducks unlimited
national rifle association
PETA
NAACP
public good and examples
non-excludable, non rivalrous, no one can be denied benefits
clean environment
public education
national defense
private good and examples
use by one individual limit use by another
anything you paid for
free rider problem
tendency of individuals not contribute to public good
what do free rider problem do?
lobbying - attempt to influence legislature to achieve a goal
electioneering - ads, donations, candidate drawings
raising awareness - marches, rallies, ads
help draft legislation
how many lobbyists are registered in Texas
over 3,000 registered lobbyists
why so many lobbyists?
federalism
two party system
first amendment right
The four components of the responsible party thesis
make policy commitments to the voters when they’re running for office
carry out those commitments while in the office
when not in office produce alternatives to the policies offered by the party in power
be sufficiently different from the other party to offer voter choice
The difference between ideology and public opinion, the definition of a poll, and what it measures
Ideology - a collection of beliefs regarding how society is ordered and the corresponding political decisions
Public opinion - collective attitudes and beliefs of individuals on one or more issues
The purpose of a poll is to identify how a population feels about an issue or candidate.
political party
a combination of people and interests whose primary purpose is to gain control of government by winning elections
party primary
(to select a candidate for a general election) in which voters may ignore party lines, and pick anyone from any party
party platform
a list of actions which a political party, candidate or organization supports in order to appeal to the general public
The definition of the judicial branch of government
interprets the law
Note
Flashcard