Gov test 2
Terms
undefined, object
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- 12 Mandate (How did the Feds push No Child Left Behind)
- Fed tells states, I have no constitutional power force you to obey, but I can take away your federal education money.
- 44 Bail
- judge will decide if you can go home before you get court date or must stay in jail. bail is money you give court in place of your body. you get it back if you show up at your court date.
- 7 How Polls are Conducted
- a) develop a list of all the people in your target b)Number those on that list I-X c)Randomly pick d)Make sure to contact everyone randomly selected
- 11 Preemption
- when a constitutionally valid fed law conflict with state law fed law is supreme
- 40 Required Elements for Contracts
- 1) offer 2)chance at understanding each other 3)exchange of something was part of the deal
- 2 Social Contract
- agreement to obey government and be protected
- 15 What is Article 3
- judicial
- 4 Liberalism
- community responsibility, evolving set of values, active government(Democratic)
- 16 Enumerated Powers
- article 1 section 8 of the constitution list the only thing
- 35 Respondent (R)
- winner of lower case, wanting the court to affirm the lower court
- 8 What is the Swing State Strategy
- determine who will vote for you for sure, determine who is persuadable, determine who is impossible
- 45 Preliminary Hearing
- judge will decide if there's enough evidence for a trial or if to let you.
- 20 How the NPC is used?
- NPC by itself has no power. Congress has to prove the new law is connected to 1-17, then the NPC lets them to pass it
- 21 Separation of Powers/Checks and Balances
- avoid abuse of power by dividing power among group.
- 9 Reason for Federalism
- splitting power between the national government and the states
- 39 Required Elements for a Tort
- １）Resonable person would see that harm is likely ２）Did nothing(not enough) ３）Harm then did indeed occur 自分の過失で誰かが怪我すること
- 6 How the General Election Process Works
- primary winner from each party(including 3rd party) fight. Voting all on one day 1st Tuesday in Nov Every 4 years
- 1 Natural Rights
- people can keep property
- 29 How many SCOTUS judges to accept a case (Certiorari)
- 4 out of 9
- 19 Necessary and Proper Clause/Elastic Clause (NPC)v
- article 1 section 8 clause 18 gives congress the power to pass new laws needed to help it carry out the 1-17 enumerated power.
- 50 Dispositional Hearing/Sentencing
- If found guilty by a judge, judge decides punishment, if death penalty, separare jury must approve it.
- 37 Role of a Jury
- determines fact (if you are guilty)
- 49 Jurisdiction Hearing/Trial
- trial to determine guilt with a jury. What you see on TV all the time. Jury criminal case 100%
- 34 Appellant (A)
- lost lower case, bring appeal to reverse the lower court
- 14 What is Article 2
- executive
- 24 Levels of the Federal Courts
- 1. supreme court 2. court of appeals 3.district court
- 42 Warrant
- right to search your things or arrest you. Requires probable cause
- 38 Two Approaches to Winning a Case: Dispute the facts + Dispute the law/constitutionality
- Dispute the facts + Dispute the law/constitutionality
- 41 Investigation
- police gathers information, if they see a crime being committed, they can make an arrest without a warrant
- 32 Plaintiff (P)
- Victim harmed suing
- 3 Conservativism
- personal freedom self responsibility, traditional values, smaller government(Republican)
- 46 Grand Jury
- in federal cases, instead of a judge, a jury gets to decide if there's enough evidence for a trial or to let you go
- 48 Plea Bargain
- after indictment, and before trial date, DA tries to give you a deal where you confess for a lower punishment. 90% of cases
- 25 Levels of the State Courts
- 1. state supreme court 2. trial court 3.appeal court
- 23 Amendment Making Process
- 1) 2/3 of congress or 2/3 state govonors call a convention 2)3/4 of state legislative or 3/4 state voters. (If state govs called a constitution convention, they could re-write the whole thing. Never been done since the constitution was first written)
- 43 Arrest
- when you are no longer free to leave, you'll be read your Miranda rights
- 28 What is precedent (past decisions) and its role in courts?
- precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts
- 18 Why is the ICC important?
- so that the states don't do illegal things
- 47 Indictment
- Formally charge, it's if a prelim hearing or grand jury says you need to go to trial.
- 5 How the Presidential Primary Process Works
- each states holds primary/caucuses on different dates.
- 22 Law Making Process
- 1) either chamber of congress( house or senate) introduce the law 2)Bill gets examined and refined in comittees 3)Bother chamber of congress must approve, 1/2 vote. 4) president signs it, and has duty to carry it out.5)president says no,2/3 of congress ovverrides it. 6)citizens can sue in court to kill or re-interpret the law (court only hear cases citizens bring to it) (CA state laws follow same process except state leg, and executive is the governor)
- 31 Who is the SCOTUS Chief Justice?
- Robert
- 27 Strict construction vs. Liberal construction
- read constitution literally VS Read constitution loosely (not to be confused with political liberal)
- 30 How many SCOTUS judges to decide a case?
- 5 of 9 judges decide a case
- 17 Interstate Commerce Clause (ICC)
- article 8 clause 3 it gives the congress the power to regulate interstate commerce (commerce商業 between states).ICC is fed's more useful too.
- 13 What is Article 1
- congress/ Legislative
- 36 Role of a Judge
- directs juries and lawyers on what the law is.
- 26 How are federal judges selected?
- a)president nominee b)senate approval(1/2vote)
- 10 Incorporation
- the bill of rights was written only to apply to the federal gov, and didn't really apply to the states until 1925. Forcing the states to obey parts of the constitution.
- 33 Defendant (D)
- accused of harming, being sued