Study sets, textbooks, questions
Upgrade to remove ads
PoliSci Test 2
Terms in this set (44)
usually begins with damage or injury caused by one person to another. parties can be anybody
a violation of a written law. defendent and US are the 2 parties
a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like
civil- must be clear and convincing
criminal- beyond reasonable doubt
tries to be determined in civil case
in an appeal both parties file briefs on why their side is right
amicus curiae- same as briefs but filed by persons who are not parties in the case
judges legal arguments on why they came to the decision
9 judges-congress can change that . Serve terms for life upon good behavior. Term starts first Monday of each October
rule of four
in an application for writ of certiorari- a case where person is unhappy with the appeal. if four people out of the 9 want to hear it.
judiciary branch can say act of congress is unconstitutional
rights the constitution doesn't specifically mention
harmful statement in a tranitory form, especially speech
sedition act of 1798- made it crime to criticize by speech or writing the US government or Constitution.
harmful defamation through written or printed words
14th amendment to the US constitution
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
bill of rights
first 10 amendments to the constitution
transformed over generation to generation. change in response to the real world (we know we like democracy-not really sure what it is)
embrace equality. suggest that gov. has role i preserving equality. suggest that part of that is to relieve people of the mythologies and traditions. Believe in technology and science, against religion. (one liberal response)
government is always the problem. do not want government stepping in. strong workers will get ahead. (one of the liberal responses)
1.the right to vote is equally applied
2.the secret ballot
3. votes counted equally
- registration procedures
- equality of district size
4. must have real choices
5. election has to be binding
are the tensions in our culture manifested in our legislature? (gay marriage, economy)
group organized around a set of principles of government who work to support candidates for office who support those principles
influences on voting
party, personal issues, advertising may attract you, presentation of candidates, economy, incumbent, leadership, intelligence, character, one who is expected to win
vote for people down the line in the same party as the top official they voted for.
types of elections
recall elections, referendums, initiative process, amendments to state constitutions
signature on petitions, and force gov to call a recall
vote on laws at state and local level (ex. liquor sales, taxes, gaming)
not in LA, way for citizens to propose a law, beginning with a petition. numb of sigs needed depends on the state->then may become a referendum
law making process that bypasses legislature
put initiative together with referendums
amendments to state constitutions
full of policies and procedures, so you have to amend them much more often than fed.
interest group liberalism
most of us identify narrow interest groups. controlled by lobbyists, b/c that's what people care about (guns, old ppl, fund christians) lobbyists more and more powerful
to determine public opinion between elections
random selection, question wording (non leading), able to track progress
intentionally biased sample or questions. trying to lead the outcome to persuade voters their candidate will win.
Barron v. Baltimore
SC says the bill of rights doesn't apply to the states. Therefore, if the state government wants something, the constitution has no bearing on that.
Palko v. Connecticut
argues 14th amendment applied the essential rights in the bill of rights to the states
amendments VI and XIV
6th amendment guarantees the right to council-waht if you can't afford one? does gov have to provide one?
Gideon v. Wainwright
Gideon was a "street person" accused of small crime and found guilty. He didn't have an attorney. Wrote letters saying he had a right to an attorney. SC ultimately appointed him an attorney. Now state govs have to appoint you an attorney. Right to counsel was essential and all should be entitled to it. Previous only applied to federal government.
is the process by which American courts have applied portions of the U.S. Bill of Rights to the states
search and seizure
the fourth amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."
right to privacy
-first amendment alludes to it. penumbra- right to privacy
-4th and 5th amendments-as protection against all governmental invasions "of the sanctity of a man's home and the privacies of life."
Griswold v. Connecticut
9th amendment: Ct. passed a law against dist of info or meds to married couples in prevention of pregnancy. Griswold pres of planned parenthood; was arrested and went to trial. Found guilty appealed all the way to SC. SC finds the constitution doesnt specifically give the right to privacy but it is implied
Sets with similar terms
PLSC 110 Exam 1
4-1: The Constitutional Basis for Our Civil Libert…
BUSINESS LAW CHAPTER 2
BUSINESS LAW CHAPTER 2
Other sets by this creator
Psych 2060 - CH 10
Educ Psychology 2060 ch. 4
EDCI 2700- test 3
history test 2: 2057