Uni 3 Plano Part 3

Question 1

Decentralization

Answer 1

Administrative concept applied by large organizations or departments in assigning decision-making responsibility to subunits on a geographical or subjct-matter basis.

Question 2

Ex Officio

Answer 2

latni term for “by virtue of office”

many persons hold a position on a board or agency by virtue of holding some related position.

Example, a governor, typically, is a memeber of numerous state boards and commissions because of his or her position as governor.

Question 3

Field Service

Answer 3

decentralized administration typified by local or regional branch offices of a federal or state agnecy. Operations, personnel, and finance are under the control of the cnetral office in Washington, D.C., or the state capital.

Question 4

General Schedule

Answer 4

Designation of rank and salary in the classified civil service.

General Schedule is in keeping with the principles of position classification, in which jobs are classified according to required skills and duties rather than the individuals holding them and an attempt is made to provide equal pay for similar work.

Question 5

Independent Regulatory Commission

Answer 5

agency outside the major executive departments charged with the regulation of important aspects of the economy

Question 6

Quasi-judicial

Answer 6

Powers exercised by administrative agencies that have the characteristics of a judicial act. Independent regulatory commissions, as well as other administrative agencies, exersice quasi-judicial powers whe they conduct hearings and make decisions having the force of law.

Question 7

Quasi-legislative

Answer 7

Rule-making powers, exercised by administrative agencies, that ahve the characteristics of a legislative act. Numerous administrative agencies are authorized to issue rules and regulations ahving the force of law.

Question 8

Federal Labor Relations Authority

Answer 8

An agency that administrers federal service labor-management relations under the provisions of the Civil Service Reform Act of 1978.

consists of three members appointed by the President, with senate consent, for five year terms.

supervises the creation of bargaining units and oversees labor organization elections.

Question 9

Rutan V. Republican Party of Illinois

Answer 9

Ruled that promotions, transfers, and recalls based on political affiliation or support are impermissible infringements on public employees’ First Amendment rights.

Question 10

Hatch Act

Answer 10

Law enacted by Congress to limit contributinos to and spending by political parties. The most important provisions of the Hatch Act sought to prohibit political parties from pressuring federal employees to make contributions or otherwise actively participate in politics.

Question 11

Activism versus Self-restraint

Answer 11

two approaches to judicial decision making in the american political system. Activists believe judge should do what he feels is the right thing, regardless of legallity of how policy was formed. Self-restrainters believe that the judge should not indulge his or her psrsonal philosphy when making decisions. Both schools of thought recognize the policy-making natuer of judicial decisions on major social questions, but differ how it should be used.

Question 12

Amicus Curiae

Answer 12

legal term meaning “friend of court.”

individuals or groups who are not parties to a lawsuit may aid or influence the court in reaching its decisino. the court may at its discretion give permission to or request persons to appear as amicus curiae.

often parties request to appear as one when the decision in the case will affect their rights as well as the rights of those directly involved.

Question 13

Certiorari

Answer 13

order issued by a higher court to a lower court to send up a record of a case for review

Question 14

Habeus Corpus

Answer 14

court order directing an official who has a person in custody to bring the prisonr to court and to show cause for his or her detention.

Question 15

Department of Justice

Answer 15

major department of executive branch concerned with the enforcement of federal laws. headed by the attorney general, whose a member of presidents cabinet.

Question 16

Ashwander v. TVA

Answer 16

upheld the right of the TVA to sell surplus electric power. established rules

1. will not decide questions of a constitutional nature unless absolutely essential to disposal of the case
2. court will not pass on a constitutional question if the case can be disposed of on some other ground
3. court will not formulate a constitutional rule broader than is required by the precise facts of the case
4. court will try to construe a statute so as to avoid ruling on constitutional questions, even if serious doubts exist as to its constitutionality.

Question 17

Cohens v. Virginia

Answer 17

Ruled taht state court decisions are subject to review by the Supreme Court if teh acse involves a question of federal law, treaties, or the constitution, even though a state is a party to the suit.

Question 18

Eakin v. Raub

Answer 18

Decided by the SUpreme Court of teh State of Pennsylvania

Judge Gibson disagreed with the idea of judicial review, saying judges had no such duty

legislature is responsible for unlawful acts

Question 19

Judiciary Act of 1789

Answer 19

law passed by the first Congress to extablish the federal court system.

determined the organization and jurisdiction of the courts.

has undergone numerous changes, adding and deleting courts, changing jurisdiction, establishing rules of procedure, and provide for a varierty of court officers and employees.