Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Intro to American Gov > Final > Flashcards

Final Flashcards

(79 cards)

Start Studying
1
Q

Criminal Law

A

The branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Civil Law

A

A system of jurisprudence, including private law and governmental actions, for settling disputes that do not involve criminal penalties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Precedents

A

Prior cases whose principles are used by judges as the bases for their decisions in present cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Public Law

A

Cases involving the action of public agencies or officials

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Trial Court

A

The first court to hear a criminal or civil case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Court of Appeals (Appellate Court)

A

A court that hears the appeals of trial-court decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Supreme Court

A

The highest court in a particular state or in the United States. This court primarily serves an appellate function

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Jurisdiction

A

The domain over which an institution or member of an institution has authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Due Process

A

Proceeding according to law and with adequate protection for individual rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Writ of Habeas Corpus

A

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas Corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Chief Justice

A

The Justice on the Supreme Court who presides over the court’s public sessions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Senatorial Courtesy

A

The practice whereby the president, before formally nominating a person for a federal district judgeship, finds out whether the senators from the candidate’s state support the nomination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Judicial Review

A

The power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Supremacy Clause

A

A clause of Article VI of the constitution that states that all laws passed by government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or subdivision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Ripeness

A

A case that is ready for litigation and does not depend on hypothetical future events

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Standing

A

The right of an individual or organization to initiate a court case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Mootness

A

A criterion used by courts to avoid hearing cases that no longer require a resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Writ of Certiorari

A

A formal request by an appellant to have the Supreme Court review a decision of a lower court (Certiorari: latin for make more certain)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Amicus Curiae

A

“Friend of the Court,” an individual or group that is not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Brief

A

A written document in which an attorney explains - using case precedents - why a court should rule in favor of his or her client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Oral Argument

A

The stage in Supreme Court proceedings in which attorneys for both sides appear before the court to present their positions and answer questions posed by the justices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Opinion

A

The written explanation of the Supreme Court’s decision in a particular case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Concurrence

A

An opinion agreeing with the decision of the majority but not with the rationale provided in the majority opinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Dissenting Opinion

A

A decision written by a justice who voted with the minority opinion in a particular case, in which the justice fully explains the reasoning behind his or her opinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Judicial Restraint
The judicial philosophy whose adherents refuse to go beyond the text of the Constitution in interpreting its meaning
26
Judicial Activism
The judicial philosophy that posits that the Court should see beyond the text of the Constitution in interpreting its meaning
27
Judicial Activism
The judicial philosophy that posits that the court should see beyond the text of the constitution or statute to consider broader societal implications for its decisions
28
Class-Action Suit
A lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit, as when hundreds of workers join together to sue a company
29
Civil Liberties
The protections of citizens from improper governmental action
30
Civil Rights
The legal or moral claims that citizens are entitled to make on the government
31
Strict Scrutiny
The most stringent standard of judicial review of a government's actions in which the government must show that the law serves a "compelling state interest"
32
Exclusionary Rule
The ability of courts to exclude evidence obtained in violation of the Fourth Amendment
33
Miranda Rule
The convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights
34
Establishment Clause
The First Amendment clause says, "Congress shall make no law respecting an establishment of religion." This law means that a wall of separation exists between church and state
35
Lemon Test
Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissable if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion
36
Speech plus
Speech accompanied by activities such as sit-ins, picketing, and demonstrations, Protection of this form of speech under the first amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
37
Prior Restraint
An effort by a government agency to block the publication of material they deem libelous or harmful in some way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances
38
Libel
A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory"
39
Slander
An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory"
40
Fighting Words
Speech that directly incites damaging conduct
41
Due Process
Proceeding according to law and with adequate protection for individual rights
42
Grand Jury
A jury that determines whether sufficient evidence is available to justify trial. Grand juries do not rule on the accused's guilt or innocence
43
Right to Privacy
The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
44
Equal Protection Clause
The provision of the 14th amendment guaranteeing citizens "the equal protection of the laws." This clause has served as the basis for the civil rights of African Americans, women, and other groups
45
"Separate but Equal" Rule
The doctrine that public accommodations could be segregated by race but must still be equal
46
De Jure Segregation
Racial segregation that is a direct result of a law or official policy
47
De Facto Segregation
Racial segregation that is not a direct result of a law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors
48
Intermediate Scrutiny
The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional
49
Affirmative Action
A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities
50
Incumbency
Holding the political office for which one is running
51
Casework
An effort by members of congress to gain the trust and support of constituents by providing personal services. One important type of casework comprises helping constituents obtain favorable treatment from the federal bureaucracy
52
Patronage
The resources available to higher officials, usually opportunities to make partisan appointments to offices and to confer grants, licenses, or special favors to supporters
53
Pork-Barrel Legislation
The appropriations made by legislative bodies for local projects that are often not needed but are created so that local representatives can carry their home district in the next election
54
Gerrymandering
the redrawing of voting districts to give an unfair advantage to a political party
55
Monetary Policy
Policies to regulate the economy through the manipulation of the supply of money, the price of money (interest rate), and the availability of credit
56
Federal Reserve System
A system of 12 Federal Reserve Banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation
57
Reserve Requirement
The amount of liquid assets and ready cash that the Federal Reserve requires banks to hold to meet depositors' demands for their money
58
Open-Market Interactions
The process whereby the Open Market Committee of the Federal Reserve buys and sells government securities, etc. to help finance government operations and to reduce or increase the total amount of money circulating in the economy
59
Federal Funds Rate
The interest rate on loans between banks that the Federal Reserve Board influences by affecting the supply of money available
60
Fiscal Policy
Policies to regulate the economy through taxing and spending powers
61
Progressive Taxation
Taxation that hits the upper income brackets more heavily
62
Regressive Taxation
Taxation that hits the lower income brackets more heavily
63
Budget Deficit
The amount by which government spending exceeds government revenue in a fiscal year
64
Mandatory Spending
Federal spending that is made up of "uncontrollables", budget items that cannot be controlled through regular budget processes. Some uncontrollables, such as the interest on the debt, are beyond the power of congress because the terms of payments are set in contracts
65
Discretionary Spending
Federal spending on programs that are controlled through the regular budget process
66
Subsidy
A government grant of cash or other valuable commodities, such as land, to an individual or organization; used to promote activities desired by the government, to reward political support, or to buy off political opposition
67
Contracting Power
The power of government to set conditions on companies seeking to sell goods or services to government agencies
68
Contributory Program
A social program financed in whole or in part by taxation or other mandatory contributions by its present or future recipients. The most important example is Social Security, which is financed by a payroll tax
69
Social Security
A contributory welfare program into which working Americans contribute a percentage of their wages and from which they receive cash benefits after retirement
70
Indexing
The process of periodically adjusting social benefits or wages to account for increases in the cost of living
71
Medicare
National health insurance for the elderly and for the disabled
72
Noncontributory Program
A social program that assists people based on demonstrated need rather than by contributions they have made. Also know as a public assistance program
73
Temporary Assistance to Needy Families (TANF)
Federal funds for children in families that fall below state standards of need
74
Means Testing
A procedure that determines eligibility for government public-assistance programs. A potential beneficiary must show a need and an inability to provide for that need
75
Medicaid
A federally financed, state-operated program providing medical services to low-income people
76
Supplemental Security Income (SSI)
A program providing a minimum monthly income to people who pass a means test and who are 65 years old or older, blind, or disabled. Financed from general revenues that are not Social Security contributions
77
Food Stamps
The largest in-kind benefits program, administered by the Department of Agriculture for individuals and families who satisfy a means test. Food stamps can be used to buy food at most grocery stores.
78
In-Kind Benefits
Goods and services provided to needy individuals and families by the federal government, as contrasted with cash benefits. The largest in-kind federal welfare program is food stamps
79
Entitlement
The eligibility for benefits by virtue of a category of benefits defined by law. Categories can be changed only by legislation; deprivation of individual benefits can be determined only through due process in court

Intro to American Gov (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions