Final Exam Flashcards

(62 cards)

1
Q

Most Americans now consider themselves to be ______

A

Independents

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2
Q

Register to vote at drivers license and welfare agencies is _____

A

Motor Voter Act

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3
Q

Which of the following is a criterion through which jobs are given out in the merit system

A

Competence

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4
Q

In recent years an increasing number of state legislators are considering themselves to be _______________

A

Full-time representatives

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5
Q

Incumbents usually win for all the following reasons except

A

They force quality challengers

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6
Q

Courts are ______ institutions because they _________

A

Political

Resolve conflicts

*thus they make public policy

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7
Q

What determines whether a case is filed in a federal or state court?

A

It is base on whether the infraction involves a federal or state law

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8
Q

The 5 judicial styles of decision-making

A

1) passive appearance
- courts wait for a case
2) special rules of access
3) legal procedures
- motions, written briefs, & oral arguments
4) decisions in specific cases
5) appearance of objectivity
- judges can not use political considerations

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9
Q

Statutory Law

A

Laws that are passed by legislatures that take precedence over common law

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10
Q

Common law

A

Only applied by the courts when no statutory provisions are relevant or when it must be interpreted

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11
Q

Have the ammount of lawyers increased or decreased?

A

Significantly increased

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12
Q

Civil case

A

Disputes between individual or organizations that do not involve law-breaking

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13
Q

Liability

A

Legal responsibility for damages

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14
Q

Tort

A

A civil wrong or injury case involving private parties

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15
Q

Tort reform

A

Capping awards
Restricting “joint and several” liability
Instituting looser pays

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16
Q

Tort:

Proponents vs Opponents

A

Proponents-organizations

Oppinents-lawyers be less cases

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17
Q

Judicial federalism

A

State courts exercise of their authority to interperet their own state constitutions to guarantee protections of individual rights

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18
Q

The supremacy clause

A

Article VI
The federal constitution supersedes state constitutions that bind the judges in every state
BUT state constitutions cover many topics that are not adressed in the constitution

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19
Q

Judicial policy divergance

A

Judicial federalism creates diversity between federal and state law as well as from state to state

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20
Q

Structure of courts

A

State courts comprise a single, integrated judicial system

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21
Q

Minor Trail Courts

A

Key word, MINOR

“Courts of limited jurisdiction”
Lowers level courts 
-traffic courts
-family courts
-policy courts 
-small claims 

Presided over by justices of the peace, magistrates, or police judges

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22
Q

Production line style

A

Used in minor trial courts

Decide very quickly (10-15 minutes)

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23
Q

Major trail courts

A

Handle major civil and criminal cases from statutes, common law, and constitutions

  • district courts
  • circuit courts
  • criminal courts
  • common pleas courts

Prosecutor- state attorney or district attorney

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24
Q

Pros and Cons to a small Juries

A

Pros - saves time and money
Cons- a propensity to lack diversity

Jurors must be a resident and 18+

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25
Public Defenders
If arrested, if you cannot afford an attorney you must be provided one by the state Gideon vs Wainwright 1963
26
Appellate courts, district courts, and state supreme courts
Courts of last resort Consider questions of law rather than questions of facts
27
Indiana State Supreme Court
5 total justices 1 Chief Justice + 4 associate justices -Loretta Rush
28
States options of making a judge
1) partisan election 2) non partisan election 3) appointment by the governor 4) legislative selection (not used often) 5) appointment-retention election plan
29
Partisan & Nonpartisan Elections
- Few incumbent judges are ever defeated - majority run unopposed - benefits of: title of judge, record of action, low information elections
30
Judges appointment by governor
- Allows independence and isolation from district political invdvement BUT it forces judges into political relationships - voters are not able to evaluate “legal” qualifications
31
Appointment-retention election plan
- governor appoints the judges - judge serves a short period of time - election allows people to confirm or remove judge - judge is rarely removed
32
Nearly _____ of citizens live in urban areas
2/3
33
Service function
- supplying goods and services | - police protection and sewage disposal
34
Political Function
- managing conflict over public policy | - where do we put things? (Libraries, Police, etc)
35
Residential mobility theories Push factors Pull factors Stay or move?
Theories based on a rational calculation of personal costs and benefits ``` Push: Crime Congestion Noise Racial conflict Etc ``` Pull: More space Larger houses Better schools ``` Stay or move? Based on: SES race Immigrant status City/rural residents ```
36
True or False States may not create or destroy any or all units of local government
False. They can
37
County Government
- created by the state - primarily performs functions of the state (administrative arm) - marriage license, birth certificates, death certificates, etc
38
City government
- granted a charter - primarily serves local residents - responsible for sanitation, sidewalks, parks, roads, etc
39
General purpose vs. special purpose
General : counties, cities, and townships Special : school districts and other special districts
40
Rural vs urban government functions
Rural county government is the traditional administrative subdivisions of the state government Urban county government preforms the traditional plus contemporary urban services like mass transit, convention centers, airports, pollution control, etc
41
County governments are also known as :
Boroughs in Alaska | Parishes in Louisiana
42
_____ counties in Indiana
92
43
Municipal corporations
Boundaries, power, and functions come from the state
44
Charters
A license to operate as a city granted to a community by the state Grants powers of local self-government State have power to take away or alter
45
Main forms of city government Which do we have?
1) commission 2) council-manage 3) mayor-council
46
Commission Pros and cons
- has both legislative and executive powers - decisions are split between commissions and other elected/hired officials - pros: responsibility: fragmented and dispersed - cons: lacks efficiency and accountability
47
Council-manage Pros and cons
- Distinguished legislative “policy making” and executive “administration” in the city - elected council-policy making - appointed manager-professional administration - pros: more politically neutral - cons: less voter influence *used by 55% of US cities
48
Mayor-Council
-designed to separate the powers of the legislative and executive - mayor : executive - council : legislative - pros: Stong mayor-council in large cities - cons: weak mayor-councils in small cities
49
Town meetings are what form of government
Democracy
50
At large elections
All council members run citywide and are voted on by all voters in the city
51
Single member district elections
You can vote once which is basses off of what district you live in
52
Combination elections
You can vote for all of the at-large position but only one of the district-based council seats Ex) Columbus & Fort Wayne Indiana
53
True or false: Most cities hold nonpartisan elections
True
54
Nonpartisan elections Taking out partisanship tends to benefit:
1) Republican candidates 2) Middle-class candidates 3) Incumbents
55
Without party systems, __________________ and _____________ are more important
Civic organizations & independent community groups
56
Citizen Participation
Communitarian values emphasize direct citizen participation in community affairs
57
Citizen participation usually focuses on ——- but there are potentially ______
Positives. Negative
58
Consolidated government
Unigov
59
Local elections citizen participation
``` Lower turnout Less party allegiance More group identities More group interests Less media Wider variety of candidates ```
60
Many local governments hold municipal elections at odd times of the year Pros and cons
Pros: - Separating local issues from state/national issues - minimizing coattails/punishment Cons: - reduces voter turnout - increases disproportionate influence
61
Local Referenda Voters
1) Initiative- Potition 2) Referendum- Ballot 3) Recall- Take someone out of office
62
New connections with citizens
Interactive web site Government access cable television stations