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Civics Final
Unit 5: Judicial Branch & Tightrope Walking
Term | Definition |
---|---|
writ of certiorari | an order from the supreme court to a lower court to provide the records of a case the court has decided to review |
precedent | a decision by a court that serves as an example or guide for future decisions |
jurisdiction | the subject matter over which a court may exercise authority, also a court's power to hear a case |
preponderance of evidence | the idea that the weight of the plaintiff's evidence in a civil trial clearly points to the defendant being at fault |
beyond a reasonable doubt | the legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given..." " is part of the instruction given by a judge to a jury in a criminal case |
judicial review | the power of the courts to declare laws and executive acts unconstitutional |
majority opinion | explains why the majority of the judges decided the case the way they did |
concurring opinion | written by someone who sided with the majority but for different reasons |
dissenting opinion | written by one member of the minority side and explains for their disagreement |
judicial activism | supreme court should use its power of judicial review to overturn bad precedents and promote socially desirable goals |
civil society | associations and other voluntary groups that form a middle layer in society between government and individual families |
sovereignty | the right to exercise supreme authority over a geographic region, a group of people, or oneself |
centrism | middle of the political spectrum that combines elements of both liberal and conservative thought |
conservatism | favoring a limited role for government and more private initiative by nongovernmental groups in efforts to solve society's problems |
liberalism | favoring an active role for government, in efforts to solve society's problems |
Political Action Committees | an organization that raises and distributes funds to candidates running for office |
primary election | voters determine their party's nominee for an elective office |
midterm election | held in the even numbered years between presidential elections |
off year election | an election held in odd numbered years |
filibuster | the tactic of using endless speeches on the senate floor to delay or prevent passage of legislation. not permitted in the house |
cloture | the process used to end a filibuster in the senate. 60 senators must support a cloture vote to overcome a filibuster |
mark up | a meeting of a legislative committee at which members amend, or "mark up" a bill before putting it to vote |
executive order | a rule or regulation issued by a president or governor that has the force of law |
rule of law | government is based on clear and fairly enforced laws and that no one is above the law |
social contract | the idea that the legitimacy of a government stems from an unwritten contract between the ruler and the ruled. a ruler who breaks this contract by abusing people's rights loses legitimacy and may be overthrown |
natural law | moral principals believed to come from humans basic sense of right and wrong that can be applied to any culture or system of justice |
natural rights | rights that all people have by virtue of being a human being |
federalism | a political system in which power is divided between a central government and smaller regional governments |
isolationism | foreign policy view that the US should withdraw from world affairs |
veto | the power of the president to reject a bill and send it back to congress |
implied powers | powers of the national government and particularly of congress, that are not specifically listed in the constitution, but which the government can reasonably claim as part of its governing responsibility |
bicameral | made up of 2 houses, as in bicameral legislature |
enumerated powers | powers of the national government that are specifically listed in the US constitution |
presidential election | held every 4 years on even numbered years |
lobbyist | an organized effort to influence the policy process by persuading public officials to favor or oppose action on a specific issue |
media bias | real or imagined prejudice that is thought to affect what stories journalists cover and how they report those stories |
independent judiciary | a system of judges and courts that is separate from other branches of government |
popular sovereignty | the principle that the people are the ultimate source of authority and legitmacy of a government |
anti-federalists | opponents of ratification of the US constitution, favored loose association of states, established the articles of confederation |
limited government | powers exercised by the government are restricted, usually by a written constitution |
separation of powers | powers of a government should be split between 2 or more strongly independent branches to prevent any one person or group from gaining too much power |
federalists | supporters of ratification of the US constitution, favored the creation of strong federal government and shared power with the states |