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US Govt and Pol 4

Stack #186639

seniority system custom whereby the member of Congress who has served the longest on the majority side of a committee becomes its chair and the member who has served the longest on the minority side becomes its ranking member
drafting a bill actual writing of a bill in legal language
markup line-by-line revision of a bill in committee by editing each phrase and word
discharge petition petition signed by at least 218 House members to force a vote on a bill within a committee that opposes it
rule stipulation attached to a bill in the house of Representatives that governs its consideration on the floor, including when and for how long it can be debated an how many (if any) amendments may by appended to it.
closed rule rule that forbids adding any amendments to a bill under consideration by the House
restricted rule rule that allows specified amendments to be added to a bill under consideration by the House
open rule rule that permits unlimited amendments to a bill under consideration by the House
unanimous consent agreement negotiated by the majoirty and minority leaders of the Senate, it specifies when a bill will be taken up on the floor, what amendments will be considered, and when a vote will be taken.
filibuster delaying tactic by a senator or group of senators, using the Senate's unlimited debate rule to prevent a vote on a bill
cloture vote to end debate- that is, to end a filibuster-which requires a 3/5 vote of the entire membership of the Senate
rider amendment to a bill that is not germane to the bill's purposes
roll-call vote vote of the full House or Senate at which all members' individual votes are recorded and made public
conference committee meeting between representatives of the house and Senate to reconcile differences over provisions of a bill passed by both houses
party vote majority of Democrats voting in opposition to a mjority of Republicans
party unity percentage of Democrats and Republicans who stick with their party on party votes
bipartisanship agreement by members of both the Democratic and the Republican parties
divided party government one party controls the presidency while the other party controls one or both houses of Congress
constituency the votes in a legislator's home district
trustees legislators who feel obligated to use their own best judgment in decision making
delegates legislators who feel obligated to present the views of their home constituents
logrolling bargaining for agreement among legislators to upport each other's favorite bills, especially projects that primarily benefit individual members and their constituents
gridlock political stalemate between the executive and legislative branches arising when one branch is controlled by one major political party and the other branch by the other party
censure public reprimand for wrongdoing, given to a member standing in the chamber before Congress
judicial review power of the courts, especially the Supreme Court, to declare laws of Congress, laws of the states, and actions of the president unconstitutional and invalid
statutory laws laws made by act of Congress of the state legislatures, as opposed to constitutional law
judicial self-restraint self-imposed limitation on judicial power by judges deferring to the policy judicial power by judges deferring to the policy judgments of elected branches of gobernment
original intent judicial philosophy under which judges attempt to apply the values of the Founders to current issues
judicial activism making of new law through judicial interpretations of the constitution
stare decisis Judicial precept that the issue has already been decided in earlier cases and the earlier decision need only be applied in the specific case before the bench; the rule in most cases, it comes from the Latin for "the decision stands"
precedent legal principle that previous decisions should determine the outcome of current cases; the basis for stability in law
jurisdiction power of a court to hear a case in question
original jurisdiction refers to a particular court's power to serve as the place where a given case is initialy argued and decided
appeal in general, requests that a higher court review cases decided at a lower level. in the Supreme court, certain cases are designated as appeals under federal law; formally, these must be heard by the Court
grand juries juries called to hear evidence and decide whether defendants should be indected and tried
petit (regular) juries juries called to determine guilt or innocence
circuit courts the twelve appellate courts that make up the middle level of the federal court system
briefs documents submitted by an attorney to a court, setting out the facts of the case and the legal arguments in support of the party represented by the attorney
civil cases noncriminal court proceedings in which a plaintiff sues a defendant for damages in payment for harm inflicted
adversarial system method of decision making in which an impartial judge or jury or decision maker hears arguments and reviews evidence presented by opposite sides
standing requirement that the party who files a lawsuit have a legal stake in the outcome
plaintiff individual or party who initiates a lawsuit
sovereign immunity legal doctrine that individuals can sue the government only with the goernment's consent
class action suits cases initiated by parties acting on behalf of themselves and all others similarly situated
contingency fees fees paid to attorneys to represent the plaintiff in a civil suit and receive in compensation an agreed-upon percentage of damages awarded (if any)
remedies and relief orders of a court to correct a wrong, including a violation of the Constitution
independent counsel ("special prosecutor") a prosecutor appointed by a federal court to pursue charges against a president or other high official. this position was allowed to lapse by congress in 1999 after many controversial investigations by these prosecutors
litmus test in political terms, a person's stand on a key issue that determines whether he or she will be appointed to public office or supported in electoral campaigns
writ of certiorari writ issued by the Supreme Court, at its descretion, to order a lower court to prepare the record of a case and send it to the Supreme court for review. most cases come to the Court as petitions for writs of certiorari
rule of four at least four justices must agree to hear an appeal (writ of certiorari) from a lower court in order to get a case before the Supreme court
amicus curiae literally, "friend of the court"; a person, private group or institution, or government agency that is not a party to a case but participates in the case (usually through submission of a brief) at the invitation of the court or on its own initiative
solicitor genera attorney in the Department of Justice who represents the U.S. government before the supreme Court and any other courts
majority opinion opinion in a case that is subscribed to by a majority of the judges who participated in the decision
concurring opinion opinion by a member of a court that agrees with the reult reached by the court in the case but disagrees with or departs from the court's rationale for the decision
dissenting opinion opinion by a member of a court that disagrees with the result reached by the court in the case
U.S. Solicitor General the U.S. government's chief legal counsel, presenting the government's arguments in cases in which it is a party or in which it has an interest
Created by: af_becton