a a lawsuit brought against one person or group to enforce or protect a private right; prevent a private wrong (tort); or obtain compensation for a private wrong (tort). This is different from a criminal case, which involves the committing of a crime, or public wrong.
b a public wrong. There are two kinds of crimes: felonies and misdemeanors. A felony is the most serious type of crime (e.g., murder), which is punishable by a large fine, imprisonment, or death. A misdemeanor is a relatively less serious crime (e.g., speeding), which is punishable by a small fine or a short jail term.
c meeting of members of a political party to determine the party's official position on issues, and to choose party leadership. In legislative caucuses, or conferences, members of a party in a chamber of legislature meet to choose the party leadership in that chamber and to agree on a party position on upcoming legislation. In local party caucuses, party members in a ward or town meet to choose party officials and candidates for public office, as well as determine the party platform on local issues.
d powers granted to the national government by the Constitution, but not denied to the states. One example is the right to lay and collect taxes.
e board of advisors to the President, composed of the heads of the executive Cabinet departments and any other officials whom the President chooses. The Constitution does not mention a Cabinet, but Washington created one by meeting with his Secretaries of State, Treasury, and War on a frequent basis. James Madison coined the term "president' cabinet" to describe the meetings. The tradition has been maintained in every subsequent American Presidency. Today, the Cabinet includes: the Secretary of State; the Secretary of the Treasury; the Secretary of Defense; the Attorney General; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Labor; the Secretary of Housing and Urban Development; the Secretary of Transportation; the Secretary of Energy; and the Secretary of Health, and Welfare; the Secretary of Health and Human Services; Secretary of Education, and the Secretary of Veterans Affairs.
5 Multiple Choice Questions
idea that the structure and powers of government should be based upon a written or unwritten constitution, which should set limits to the power of the government.
formal request that a higher court hear a case that has been decided in a lower court. State Supreme Courts are the highest courts which can hear appeals for cases involving state law, while the US Supreme Court is the highest court which can hear appeals for cases involving federal or constitutional law. An court appeal to a state appellate court are generally made on procedural grounds, i.e., on the basis that some aspect of proper legal procedure was not observed in the original trial. Anyone can petition the US Supreme Court to take a case under advisement. However, the Court is only likely to accept a case if it involves issues related to the constitutionality of the lower court's decision, or state versus federal powers.
a court which hears cases which have been decided in lower courts. For cases involving state law, most states provide state appellate courts, while federal circuit courts ("courts of appeal") deal with most appeals related to federal law. The State Supreme Court is the highest appellate court, the "court of last resort," for cases involving state law, while the US Supreme Court is the highest appellate court, the "court of last resort," for cases involving federal law.
"two rooms." The term refers to a legislative body, such as the US Congress or the British Parliament, that is divided into two separate houses.
a written brief which is submitted to the Supreme Court by a third party, either an individual or organization. An amicus curiae allows the opinions of the third party, with regards to the case at hand, to be considered by the court. "Amicus curiae" means "friend of the court" in Latin.
5 True/False Question
Constituency → person who is a member of a political society and, thus, owes allegiance to the society's government and is entitled to the rights and protections available from that government. A person who is born in the United States is automatically an American citizen, and eligible people from other countries can apply to become citizens through a process called naturalization.
Candidate → board of advisors to the President, composed of the heads of the executive Cabinet departments and any other officials whom the President chooses. The Constitution does not mention a Cabinet, but Washington created one by meeting with his Secretaries of State, Treasury, and War on a frequent basis. James Madison coined the term "president' cabinet" to describe the meetings. The tradition has been maintained in every subsequent American Presidency. Today, the Cabinet includes: the Secretary of State; the Secretary of the Treasury; the Secretary of Defense; the Attorney General; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Labor; the Secretary of Housing and Urban Development; the Secretary of Transportation; the Secretary of Energy; and the Secretary of Health, and Welfare; the Secretary of Health and Human Services; Secretary of Education, and the Secretary of Veterans Affairs.
Central Intelligence Agency (CIA) → phrase used in the Supreme Court decision, Schenck v. United States (1919). It refers to the idea that the government has the right to punish individuals who engage in speech or actions which can be shown to present a serious and immediate danger to the nation or the interests of the government. Schenck had been convicted for having distributed leaflets urging people not to register for the draft during World War I. Although such "speech" would have been within his rights in peacetime, the Supreme Court ruled that the fact that he engaged in that activity in a time of war made his actions pose a "clear and present danger" to the nation.
Civil Liberties → personal freedoms, most of which are protected by the Bill of Rights from government interference.
Clear and Present Danger → principle used in the Constitution and developed through precedent that allows the three branches of government to share some responsibilities, and allows each branch some authority over the activities of the other branches. Some examples of checks are: the President's veto power, which is a check on Congress; Congress' power to override a veto; which is a check on the President's power and the Supreme Court's right of judicial review, which is a check on Congress.