1.

Caucus (political) – a normally closed meeting of a grassroots democracy, nonviolence, and an emphasis on
political or legislative group to select candidates, plan strategy,
or make decisions regarding legislative matter.
2. Divided government– the condition in American
government wherein the presidency is controlled by one party
while the opposing party controls one or both houses of
Congress
3. Electoral realignment– the points in history when
a new party supplants the ruling party, becoming in turn the
dominant political force. Occurs roughly every thirty years in the
U.S.
senators + number of reps = number of electoral votes per
environmentalism
41. Libertarian party - reflects its brand of
libertarianism, favoring minimally regulated, laissez-faire
markets, strong civil liberties, minimally regulated migration
across borders, and non-interventionism in foreign policy, i.e.,
avoiding foreign military or economic entanglements with other
nations and respect for freedom of trade and travel to all foreign
countries.
42. Your Brain Lies to You
state)
77. polling: when survey questions are asked to the
public to figure out public opinion on a particular issue
78. incumbents: candidates that are defending a
position that they are running for again
79. split-ticket: voting for people from multiple parties
80. Simple majority- the type of electoral system in which, to win a
seat in the parliament or other representative body, a candidate
must receive a majority of all the votes cast in the relevant
district

81. K-street project - effort by the Republican Party (GOP) to

4. Gender gap- a distinctive pattern of voting
behavior reflecting the differences in views between men and
women
5. Machines– strong party organizations in late-
nineteenth and early-twentieth-century American cities. These
machines were led by “bosses” who controlled party
nominations and patronage
6. Majority party-the party that holds the majority of
legislative seats in either the House or the Senate
7. Minority party- the party that holds a minority of
legislative seats in either the House or the Senate
8. Multi-member district- an electorate that selects
all candidates at large from the whole district; each voter is
given the number of votes equivalent to the number of seats to
be filled.
9. National convention- a national party political
institution that nominates the party’s presidential and vice
presidential candidates, establishes party rules, and writes and
ratifies the party’s platform
10. Nomination- the process through which political
parties select their candidates for election to public office
11. party activists – workers in the party that protest
and promote the party in the community
12. party identification – a personal statement of
what party you’re in. For Auzenne it would be “I am a
democrat”. Can be independent.
13. Jeffersonian Republicans – aka democratic
republicans or republicans, against the federalists. Favored
state’s rights and the yeoman farmer.
43. Political gerrymandering- apportionment of voters
in districts in such a way as to give unfair advantage to one
political party
44. “How the supreme court hurts moderate politics:
and the malapportionment of legislative seats
45. the “K Street Project”
46. Partisan loyalty
47. Important sources of political funds;
48. Electoral college- the presidential electors from
each state who meet after the popular election to cas ballots for
president and vice president
49. Mobilization- the process by which large numbers
of people are organized for a political activity
50. McCain-Finegold Reform Act
51. Soft money- money contributed directly to
political parties for political activists that Is not regulated by
federal campaign spending laws
52. “one person one vote”- the principle that all
districts should have roughly equal populations
53. Buckley v. Valeo(1976)- upheld a federal law
which set limits on campaign contributions, but ruled that
spending money to influence elections is a form of
constitutionally protected free speech, and struck down portions
of the law. The court also stated candidates can give unlimited
amounts of money to their own campaigns
54. Retrospective voting-voting based on the past
performance of a candidate
55. Referendum- the practice of referring a measure
proposed or passed by a legislature to the vote of the electorate
pressure Washington lobbying firms to hire Republicans in top
positions, and to reward loyal GOP lobbyists with access to
influential officials
82. Pluralist theory of interest groups- the theory that all interests
are and should be fee to compete for influence in the
government. The outcome of this competition is compromise
and moderation
83. Interest group- individuals who organize to influence the
government’s programs and policies
84. Free rider- those who enjoy the benefits of collective goods but
did not participate in acquiring them
85. Political parties v. interest groups- political parties attempt to
get people into office while interest groups focus on influencing
people in office
86. Membership association- an organized group in which members
actually play a substantial role, sitting on committees and
engaging in group projects.
87. Members’ of interest groups in the U.S. are typically people who
are politically active and of a above average socioeconomic
status
88. Interest groups can use the courts to influence policy by
bringing suits to court, by financing suits by individuals, and
writing amicus curiae briefs
89. Iron triangle- the stable, cooperative relationship that often
develops among a congressional committee, an administrative
agency, and one or more supportive interest groups. Not all of
these relationships are triangular, but it is the most typical

14. Federalist - a person in the 18th century in

support of ratifying constitution, thus in support of a federal
government. Alexander Hamilton and John Adams. Probably
George Washington.
for approval or rejection
56. presidential primary: A state primary election
usually is an indirect election: instead of voters directly selecting
a particular person running for president, it determines how
many delegates to each party's national convention each
90. Solidarity benefits of interest groups-selective benefits of group
membership that emphasize friendship, networking, and
consciousness raising.
91. Public interest group- groups that claim they serve the general
good rather than only their own particular interest

15. Antifederalists - term referring to people in the

18th century opposed to the ratification of the Constitution.
Dictate that the central governing authority of a nation should
be equal or inferior to, but not having more power than, its sub-
national states (state government). Patrick Henry,Samuel
Adams, George Mason, Richard Henry Lee, Robert Yates, James
Winthrop, James Monroe, Mercy Otis Warren, George Clinton,
Melancton Smith
16. Democrats – party in the US with a more liberal
representation
17. proportional representation voting system? – used
in Europe, representation is by percentage and it allows for
different parties, not winner take all
18. task of the Democratic and Republican National
Committees? – nominate a presidential candidate
19. Republican – party in the US that is more
conservative
20. critical election – an election in which realignment
occurs
21. Dealignment – the time where the strong party
loses control over the US political realm. Happens about every
30 years
22. Realignment – one party gains back power after
candidate will receive from the state.
57. goal of a political campaign: political campaigns
(for president) have become more independent of political
parties. The goal of these campaigns is to get their candidate
elected to office.
58. Superdelegate: superdelegates are seated
automatically, based solely on their status as current or former
party leaders and elected officials ("PLEOs"). Others are chosen
during the primary season. All the superdelegates are free to
support any candidate for the nomination.
59. Iowa Caucus: The first Caucus of the election
season. Candidates spend months campaigning here because
this caucus declares the front runner for the presidential election
season.
60. Hew Hampshire Primary: The first primary of the
election season. Candidates spend months campaigning here
because this primary declares the front runner for the
presidential election season.
61. Super Tuesday Primaries: These primaries all
occur on the same day. This was a strategy that was used by
political parties to help eliminate candidates that did not have
the resources to campaign in multiple states at the same time.
62. labor intensive vs. capital intensive: requiring
more labor than physical capital such as a building (money is
92. Ideological group- organized in support of a particular political
or philosophical perspective
93. New Politics Movement- a political movement that began in the
1960’s and 1970’s made up of professionals and intellectuals
for whom the civil rights and antiwar movement were formative
experiences. The New Politics movement strengthened public
interest groups
94. The religious right-
95. Grassroots mobiliazation
96. A criticism of interest-group pluralism is-
97. When a renounced political scientist said, “The heavenly chorus
of interest groups sing with a distinctly upper class accent,” he
meant that most members of interest groups are political
activists that come from an above average socioeconomic
status.
98. Staff organization- a type of membership group in which
professional staff conducts most of the group’s activites
99. PAC- a private groups that raises and distributes fund for use in
election campaigns
100. Lobbyists – The individuals who seek to influence members of
the legislature in order to pass legislation in their favor.
101. Article 1 of the Constitution – Describes all of the powers given
to the legislative branch and created a bicameral legislature
consisting of a Senate and House of Representatives.

the dealignment
23. single-member-district simple plurality – the
voting districts have a winner take all system, promotes the two
party system in the US.
24. Democratic coalition – group of voters and
promoters for the democratic party
25. Republican coalition - group of voters and
promoters for the republican party
26. Green Party- influential third party formed to
address environmental concerns
27. Political Parties v. interest groups- IGs don’t try to
influence election outcomes, they try to influence officials
already in office
28. Expansion of suffrage- suffrage is the source of
protection for groups in U.S. African Americans: 15th
Amendment. Women: 19th Amendment. Abolition of poll tax:
24th Amendment
29. Compared with political parties in Europe, parties
in the U.S. are: weak. There is no requirement for party
membership, inspire less loyalty, and are less able to control
nominations
30. Political parties form in one of two ways: 1)
“internal mobilization” occurs when government officials or
competing factions mobilize popular support during political
conflicts 2) “external mobilization” occurs when politicians
outside government develops and organizes popular support to
win governmental power
31. third parties in the U.S.: have not been effective
at getting into office, but have been effective at pushing issues
not addressed by the two main parties
32. major factors responsible for the relatively low
rates of voter turnout that characterizes U.S. national elections
are: a lack of political efficacy, lower class people tend to avoid
votinga
33. the current partisan makeup of the electorate is
best described as: Republican dominated
34. Party identification- an individual voter’s
psychological ties to one party or another. Influenced by race,
gender, religion, class, ideology, region, economic interests,
upbringing, etc.
35. two-party system v. multi-party system- unlike
many other democracies, which have multi party systems due to
proportional representation, we use a two party system in which
only two parties have a realistic opportunity to compete
effectively for control. A result of winner take all elections.
36. Republican v. Democratic parties on economics-
Republicans believe in minimal government intervention to allow
people’s entrepreneurship to pay off. Democrats believe in
not capital)
63. Media-driven elections: elections that are driven
by tv/radio/ internet. the media the the primary way that
candidates get their message out to the public.
64. Spot advertisements: advertising at a particular
time slot. In many instances, slots are bought up early in the
election season since everyone is supposed to have equal
access to buying time.
65. town meetings: a town hall style meeting where a
candidate will speak and then answer questions from audience
members
66. direct mail: is the delivery of advertising material
to recipients of postal mail.[1][2] The delivery of advertising mail
forms a large and growing service for many postal services, and
direct-mail marketing forms a significant portion of the direct
marketing industry.
67. suffrage: political franchise, or simply the
franchise is the civil right to vote, or the exercise of that righ
68. 68: primary elections: an election in which party
members or voters select candidates for a subsequent election.
Primary elections are one means by which a political party
nominates candidates for the next general election.
69. 69: run off electionsa voting system used to elect
a single winner where the voter casts a single vote for their
chosen candidate. However, if no candidate receives the
required number of votes (usually the absolute majority or 40-
45% with a winning margin of 5-15%), then those candidates
having less than a certain proportion of the votes, or all but the
two candidates receiving the most votes, are eliminated, and a
second round of voting occurs.
70. 70: general electionan election in which all or
most members of a given political body are chosen. The term is
usually used to refer to elections held for a nation's primary
legislative body, as distinguished from by-elections and local
elections.
71. referendums: is a direct vote in which an entire
electorate is asked to either accept or reject a particular
proposal. This may result in the adoption of a new constitution, a
constitutional amendment, a law, the recall of an elected official
or simply a specific government policy. It is a form of direct
democracy.
72. southern primaries: the south tends to vote
heavily republican. This switch occurred during the presidency of
LBJ
73. Plurality: in the context of voting, refers to the
largest number of votes to be received by any candidate or
102.
CBO – The Congressional Budget Office a staff
agency which assesses the economic and implications and the
likely costs of proposes federal programs, such as health-care
reform proposals.
103. OMB – The Office of Management and Budget prepares the
national budget, designing the president’s program, reporting
on agency activities, and oversees regulatory proposals.
104. Constituent – The residents living in the area from which a
public official is elected.
105. Bicameral – a legislature that has two chambers or houses i.e.
The Senate and House of Representatives.
106. How long is the term of office for a U.S. senator – 6 years long
107. How does the House differ from the Senate – The House
encourages specialization in certain legislative areas while the
Senate discourage specialization. Members of the House serve
as agents to the interests of their constituents due to their short
term limit while members of the Senate serve as agents to
interest groups on a statewide or national basis due to their
longer term in office.
108. Agency representation – The type of representation in which a
representative is held accountable for their ability to properly
represent their constituency and the constituents have the
power to remove the representative if they fail to represent
their interests.
109. Sociological representation – The type of representation in
which representatives have the same racial, gender, ethnic,
religious, or educational backgrounds as their constituents. It’s
based on the principle that if two individuals share the same
values and characteristics, then they can correctly represent
the others views.
110. Trustee representation – Type of representation in which the
constituents entrusts their representative to vote the way he or
she thinks is best for the constituents.
111. Congress and lawyers – The majority of members of Congress
are lawyers and mostly white or of European descent. However
this is not a portrayal of the U.S. population showing Congress is
not a sociological representation of American society.
112. House District – Members of Congress try to please hundreds of
thousands of constituents in their districts and are in constant
contact with their constituents through letters, email, websites,
and blogging.
113. Constituency service is so important that – also called case
work, includes talking to constituents, providing them with
minor services, presenting special bills for them, and
attempting to influence decisions by regulatory commissions on
their behalf. Also an important tool for gaining votes for
reelection.

government intervention to ensure economic equality
37. Libertarian- political philosophy that is skeptical of
any government intervention as a potential threat to individual
liberty; one who favors minimal government and maximum
individual freedom. Core beliefs of the Libertarian party
38. PIO, PIG, PIE-the three main parts of party
organization: party in the electorate, party in government, party
in organization
39. Electorate- the group of people qualified to vote in
an election
referendum.[1] It is contrasted with a majority, which is more
than half of the votes.[1
74. Straight ticket: voting for the same party all the
way down the ballot
75. coattail effect: occurs during elections that
involve a presidential election, the idea is that many other
candidates are voted for through straight ticketing essentially
"riding on the coat tails of the presidential candidate
76. electoral college: a set of electors who are
selected to elect a candidate to a particular office. Often these
114.
3 factors related to the American electoral system
affect who is elected to office this country and what they do
once they get there. Those three factors are: 1. who decides to
run for office and which candidates have an edge over others.
2. Incumbency. 3. The way congressional district lines are
drawn.
115. Incumbent – A person who already holds a political office for
which they are running for re-election, gives them an advantage
because of name recognition.

40. The Green Party - based on the principles of

Green politics. These principles include social justice, reliance on
represent different organizations or entities, with each
organization or entity represented by a particular number of
116.
electors or with votes weighted in a particular way (number of
Approximately what percentage of house members seeking re-
election won their race? – 98% for House members and 90% for
Senate members.
117. Redistricting – The process of redrawing election districts and
redistributing legislative representatives. Usually happens every
10 years in order to reflect population change.
118. Gerrymandering – Apportionment of voters in districts in such a
way as to give unfair advantage to one racial or ethnic group or
political party.
119. Miller v. Johnson – Supreme court case that limited racial
redistricting in which the Court stated race could not be the
predominant factor in creating electoral districts. However, did
not outlaw political gerrymandering.
120. Patronage- the use of state resources to reward individuals for
their electoral support
121. Cloture- a rule allowing a majority of two-thirds or there-fifths of
the members of a legislative body to set a time limit on a
debate over a given bill
122. Pork Barrel Legislation- appropriation of government spending
for localized projects secured solely or primarily to bring money
to a representative's district.
123. Private bills proposed in Congress-apply to select individuals,
and include grants of citizenship to individuals who are
otherwise ineligible for normal visa processing; alleviation of tax
liability; armed services decorations and veteran benefits.
124. Current speaker of the house- is John Boehner (Republican, OH)
125. Current majority leader in the house- is Eric Cantor (Republican,
VA)
126. Congressional party leaders- control the agenda, act as a
spokesperson, and elect a whip.
127. Standing committees (Jurisdiction)- have legislative jurisdiction;
consider bills and issues, recommend policy. Also have
oversight responsibility to monitor agencies within their
jurisdiction.
128. Committee types- joint means house and senate, standing
means permanent, select is for a particular issue like
environmental concerns, conference is a type of joint
committee convened to resolve issues on a particular bill.
129. House Ways and Means Committee- part of the House, in
charge of taxation.
130. 1970’s Organizational reforms in Congress- no more committee
chairmen, proliferation of subcommittees, more inefficient.
131. 1990’s Organizational reforms in Congress-?
132. Congressional Staff Members- include personal staff, committee
staff, leadership staff, institutional staff, and support-agency
staff.
133. Congressional caucus- group of congressmen that meet to
pursue a common legislative agenda.
134. Bill-proposed law, process is that subcommittee recommends
bill be brought before house or senate, who then vote on it, and
it is submitted to the President if there is a majority vote.
Subcommittees can stall, or “pigeonhole” a bill, and the
President can veto it.
135. Rules Committee-considers all bills reported from policy and
fiscal committees and determines whether, and in what order,
to schedule their consideration on the floor
136. Closed Rule- Time limits on debate, amendments restricted.
136b. Open Rule- permits amendment from floor of the House.
137. Filibuster- debate stalling an issue. Not permitted in House. In
senate can be forestalled by cloture, but is otherwise permitted.
138. Presidential Veto- power of executive to unilaterally stop an
action, particularly legislation.
139. Pocket Veto- presidential veto that is
automatically triggered if the president does not act on a given
piece of legislation passed during the final ten days of a
legislative sessionAstroturf lobbying- a type of lobbying that
gives the appearance of grassroots mobilization
140. astroturf lobbying -
141. a party unity vote- a roll-call vote in the House or the Senate in
which at least 50 percent of them embers of one party take a
particular position and are opposed by at least 50 percent of
the members for the other party
142. resource a congressional party leaders have at their disposal to
secure the cooperation of their members-
143. whip system- a system in which a party member in the House or
Senate is responsible for coordinating the party’s legislative
strategy, building support for key issues, and counting votes
144. party caucus- closed meeting of a political party to select
candidates, plan strategy, or make decisions regarding
145.
legislative matters
reapportionment is correct?- the process, occurring after every
decennial census, that allocates congressional seats among the
50 states. Is correct because the House should have the right
amount of representatives per state
146. representation of women and minorities in the U.S. congress-
underrepresented
147. bundling- the interest group practice of combining campaign
contributions from several individuals into one larger
contribution form the group, so as to increase the group’s
impact on that candidate
148. a leadership PAC-a private group that raises and distributes
funds for use in election campaigns
149. logrolling- a legislative practice wherein agreements are made
between legislators in voting for or against a bill; vote trading
150. an issue network- a loose network of elected leaders, public
officials, activists, and interest groups drawn together by a
specific policy issue
151. amicus curiae briefs- literally, “friend of the court;” individuals
or groups who are not parties to a lawsuit but who seek to
assist the Supreme Court in reaching a decision by presenting
additional briefs
152. lobbying-a strategy by which organized interests seek to
influence the passage of legislation by exerting direct pressure
153.
on members of the legislature
pork- appropriations made by legislative bodies for local
projects that are often not needed but that are created so that
local representatives can win reelection in their home districts
154.
155.
GAO, CBO, CBS-
How a bill becomes a law-
156. A hold- (of a judge or court) Rule; decide
157. Casework- Social work directly concerned with
individuals, esp. that involving a study of a person's family
history and personal circumstances
158. Division of the house
159. Quorum – gathering of the minimal number of
members of an organization to conduct business
160. sessions: refers to a period of time in which Congress conducts
business. They adjourn until the next season at the end of a
session. Or, Pres. can prorogue (Early terminate) a session if
Congress cannot agree on something. He can also call special
sessions.
161. state of the union: Obligation on part of Pres. to
make recommendations to Congr...ess. Grows to become
powerful way of influencing agenda for legislation.; budget
document????????????
162. credit claiming: when an elected official tries to assume the
credit for some government success. A politician who managed
to get a major bridge built in his district might name the bridge
after himself.
163. A bill is marked up in : a conference committee, when the
House and Senate alter the forms of the passed bill.
164. pressures outside of government that are relevant to
Congressional voting decisions
165. "political resources" of the presidency?: Election, Party, Groups,
Media, Public Opinion
166. OMB's: The Office of Management and Budget. Largest and
most important part of EOP. Prepares nat'l budget, reports on
agency activities, oversees regulatory proposals. Sets the
guidelines for the budget, making it very powerful/giving it
control of the agenda.
167. National Security Council: Part of the Executive Office. Started
under Truman. Advises the President on various national
security and foreign policy issues. Composed of Pres, VP; Sec of
Def, State, Treasury; Attorney General; and others invited by
the Pres.
168. Cabinet : The secretaries, or chief administrators, of the major
departments of the federal government. Appointed by
president, approved by Senate.
169. Joint Chiefs: Headquartered at the Pentagon. Part of the
Department of Defense, they advise the Sec of Def, Homeland
Security, NSC, and President on military matters. They are
advisors, and have no real command authority.
170. Elections can provide a presidential power boost if: helps to
secure popular support among the people. It also allows him to
use mandates, meaning he was elected based upon a promise
he made in order to be elected.
171. The President plays a major role in the legislative process
because: He can call special sessions of Congress/terminate
sessions; he can veto bills; he makes the agenda for his party;
OMB has influence.
172. White House staff: Analysts and advisors chosen by Pres. Not
subject to advise/consent, can be hired/fired by will. Close in
everyday interactions with Pres.
173. Institutional powers of the presidency: Patronage, the Cabinet,
White House staff, Executive Office, VP, First Lady. Permanent
agencies that perform defined management tasks for the Pres.
174. Administrative head of the union: Have increased power in 3
ways: Enhanced EOP, increased control over bureaucracy,
expanded role of executive orders. These three things are the
administrative strategy.
175. chief of his political party: The Pres. can set agenda for his party
in Congress. However, this is not always reliable b/c his party
may not comply, or it could be minority.
176. commander-in-chief of the military: Refers to the traditional title
of the Pres. in which he is the final decision maker of military
matters.
177. treaty maker: an expressed power under HoS duties that allows
Pres. to make treaties with nations with advice and consent of
Senate. Executive agreements are like treaties, without the
need for Senate approval.
178. Amnesty: An official pardon for people who have been convicted
of political offenses.
179. demographic bias in the selection of American presidents?:
Historically, the President tends to be a white, wealthy,
180.
educated, protestant.
Electoral college- the presidential electors from each state who
meet after the popular election to cast ballots for president and
vice president
181. Chief of state it- President’s role as spokesman of
people, power in military, pardons, diplomacy
182. Chief executive - President of the United States:
the person who holds the office of head of state of the United
States government;
183. The president’s political appointments- must be
confirmed by Senate. 2/3 vote
184. The War Powers Resolution- a resolution of Congress that the
president can send troops into action abroad only by
authorization of Congress, or if American troops are already
under attack or serious threat
185. Executive agreements- an agreement made between the
president and another county, that has the force of a treaty but
does not require the Senate’s advice and consent
186. State of the union – annual address presented by
the President of the United States to the United States
Congress. not only reports on the condition of the nation but
also allows president to outline his legislative agenda and
national priorities to Congress.
187. Delegated power- constitutional powers that are assigned to
one governmental agency but that are exercised by another
agency with the express permission o of the first
188. Inherent power- powers claimed by a president that are not
expressed in the Constitution, but are inferred from it
189. Executive order- a rule or regulation issued by the president
that has the effect and formal status of legislation
190. Executive privilege- the claim that confidential communications
between a president and close advisors should not be revealed
without the consent of the president
191. U.S. v Nixon- recognized validity of executive
privilege, but not in Watergate. Supreme Court ordered Nixon to
turn over tapes he claimed were protected by executive
privilege
192. Impeachment- the formal charge by the House of
Representatives that a government official has committed
“Treason, Bribery, or other high Crimes and Misdemeanors”
193. 25th amendment - established presidential
succession and the ability of Congress to declare president
incapable of his duties by 2/3 vote in both Houses
194. Federal bureaucracy- gencies of the executive
branch created to deal with specific problems and to enforce
laws passed by Congress
195. Regulatory commissions- departments, bureaus,
or independent agencies whose primary mission is to impose
limits, restrictions, or other obligations on the conduct of
individuals or companies in the private sector (ex: SEC)
196. Why was the civil service system created?-
President Garfield was assassinated over a bureaucratic
appointment
197. Bureaucracy- the complex structure of offices, task, rules, and
principles of organization that are employed by all large scale
institutions to coordinate the work of their personnel
198. Congressional oversight- the effort by Congress, through
hearings, investigations, and other techniques, to exercise
control over the activities of executive agencies
199. Power of the purse- ability of one group to
manipulate and control the actions of another group by
withholding funding, or putting stipulations on the use of funds
200. Civil service system
201. The inspector-general of the agency-ensures that
the agency is acting legally
202. A line official is the organizational structure of
203. A mainline bureaucracy
204. Administrative judge - applies rules and
precedents to specific cases to settle disputes between
regulated parties i.e. bureaucratic agencies
205. The chain of command of a bureaucracy- flows down,
responsibility flows up
206. A bureaucracy would be characterized by -
allocation of function and responsibility, division of labor,
hierarchical style of authority, full-time employment, paper trail
207. Congress and the federal bureaucracy - Congress
can control the bureaucracy and thus limit executive power by
reorganizing the bureaucracy, control of budget, and law
making
208. criminal law - The branch of law that regulates the conduct of
individuals, defines crimes, and provides punishment for
criminal acts.
209. civil law - The branch of law that deals with disputes that do not
involve criminal penalties. Common cases involve contracts
and torts.
210. appellate law - The appeals process. Appellate record is
restricted to what evidence was presented in the trial court.
Appellate courts can overturn trial court decisions if, for
example, defendant is denied due process.
211. public law - The branch of law that deals with the actions of
public agencies or officials and the powers of government. A
case becomes public law when a plaintiff or defendant in a
civil or criminal case seeks to show that his or her cases
involves the powers of government or rights of citizens as
defined under the Constitution or by statute.
212. senatorial courtesy - The practice whereby the president,
before formally nominating a person for a federal judgeship,
seeks the indication that senators from the candidate’s own
state support the nomination. This only applies to federal
district and circuit court nominations, not to Supreme Court
nominations.
213. per curiam. - A brief, unsigned decision by an appellate court,
usually rejecting a petition to review the decision of a lower
court.
214. writs of mandamus - A writ or order that is issued from a court
of superior jurisdiction that commands an inferior tribunal or
individual to perform, or refrain from performing, a particular
act, the performance or omission of which is required by law as
an obligation. Superior courts issue such writs when trial court
judges take up cases not within their jurisdiction or stopped a
trial, etc.
215. Concurring decisions - The Court justice agrees with the
majority opinion, but for a separate reason.
216. Judicial review - The power of the courts to
review and, if necessary, declare actions of the legislative and
executive branches invalid or unconstitutional. The Supreme
Court asserted this power in Marbury v. Madison.
217. Marbury v Madison. - Case in which Supreme Court established
Judicial Review.
218. Congress can limit the federal courts by means of
219. court of original jurisdiction - has authority to initially consider a
case. Distinguished from appellate jurisdiction, which is the
authority to hear appeals from a lower court’s decision. All trial
courts have original jurisdiction.
220. Briefs - Written documents in which attorneys explain, using
case precedents, why the court should find in favor of their
client. First part of a trial under The Supreme Court after the
specific case has been accepted.
221. oral argument; - Stage in Supreme Court procedure in which
attorneys for both sides appear before the Court to present
their positions and answer questions posed by justices.
222. the rule of law - provides that no person is above the law, that
no one can be punished by the state except for a breach of the
law, and that no one can be convicted of breaching the law
223.
except in the manner set forth by the law itself.
Plaintiff - The individual or organization who brings a complaint
in court. In criminal cases, government is always plaintiff.
224. Precedent - Prior cases whose principles are used by judges as
the bases for their decisions in present cases. The Supreme
Court sets precedents.
225. Mootness - A criterion used by courts to screen cases that no
longer require resolution. Occurs when facts have changed
(case is brought long after event) or problem has been resolved
by other means.
226. a plea bargain - Negotiated agreements in criminal cases where
a defendant agrees to plead guilty in return for the state’s
agreement to reduce the severity of the criminal charge or
prison sentence the defendant is facing.
227. Uniform Commercial Code? - Code used in many states (not all)
in the area of contract law to reduce interstate differences in
228.
judicial decisions.
jurisdiction. - The sphere of a court’s power and authority.
229. due process - The right of every citizen against arbitrary action
by national or state governments. Appellate courts ensure
defendant received due process in original trial.
230. Supreme Court and original jurisdiction? - The authority to
initially consider a case. Distinguished from appellate
jurisdiction, which is the authority to hear appeals from a lower
court’s decision. All trial courts have original jurisdiction. The
Supreme Court has original jurisdiction over 1) cases between
the US and on of the 50 states 2) cases between two or more
states 3) cases involving foreign ambassadors or other
ministers 4) cases brought by one state against citizens of
231.
another state or against a foreign country.
court-packing plan? - FDR’s attempt, by asking Congress, to
enlarge the Court so that he could add sympathetic justices
(who would vote for his New Deal programs) to The Supreme
232.
Court. Failed however.
confirming judicial appointments? - Senatorial Courtesy. The
practice whereby the president, before formally nominating a
person for a federal judgeship, seeks the indication that
senators from the candidate’s own state support the
nomination. This only applies to federal district and circuit court
nominations, not to Supreme Court nominations.
233. Control over the flow of cases - Solicitor General has the
greatest control over the flow of cases to the Supreme Court.
Screens cases before any agency of the federal government can
appeal them to Supreme Court. Supreme Court Justices depend
on him to screen out undeserving litigation of agencies.
234. Activist judges believe that - Judicial activism is correct, which is
the Judicial philosophy that posits that the Court should go
beyond the words of the Constitution or a statute to consider
the broader societal implications of its decisions. (Willing to
stretch interpretations of Constitution).
235. judicial restraint - Judicial philosophy whose adherents refuse to
go beyond the clear words of the Constitution in interpreting its
meaning. Use principle of originalism, which is The principle of
interpretation at the heart of Judicial restraint that tries to find
 the original meaning of the writers of the Constitution, and not
impose new interpretations.
236. pattern of cases
237. habeas corpus - A court order demanding that an individual in
custody be brought into court and shown the cause for
detention
238. Justice Breyer in the excerpt from his book Active Liberty uses
an analysis of Privacy law to illustrate;
239. Values of privacy - Variety of relevant values: Left alone,
Personal relationships, Privacy and Individualism / free
expression, Privacy and Equality, Universally, value of individual
dignity