Exam 1 Study Guide
Exam 1 Study Guide POLS 1337 - ABBOTT
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Pols 1337 US Govt Congress Pres and Crts
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One Day of Notes
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This 13 page Study Guide was uploaded by Chloe Lall on Saturday February 28, 2015. The Study Guide belongs to POLS 1337 - ABBOTT at University of Houston taught by Kenneth Abbott in Spring2015. Since its upload, it has received 1088 views. For similar materials see POLS 1337 US Govt: Congress, Pres & Crts in Political Science at University of Houston.
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Date Created: 02/28/15
Key Terms to Know Actus Reus o Wrongful deed that comprises the physical components of a crime and that generally must be coupled w mens rea to est criminal liability Nothing to do with anyone39s mental state Ex took can of gasoline doused state building and set on fire gt that indiv Would Actus Reus of arson o A forbidden act the actus reus for theft is the taking of or unlawful control over property wo the owner39s consent Amicus Curiae 0 quotfriend of the courtquot 0 A person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action bc that person has a strong interest in the subject matter Ex have a white guy who applies for law school gets rejected 1st year applies 2nd year and gets rejected Has higher gpa and test scores than other minorities so he is mad Brings a lawsuit against law school trying to get admission Other people who could be benefited or harmed in the outcome not directly involved lf third party but have interest in outcome would file amicus brief gt filed by anoyone Typically by interest groups lndiv People Fed or state gov Dozens of pages long Make arguments on why one side should win or lose Cite court decisions Not required for the brief to impact the decision 10 20 15 not that common Sometimes can have more than one amicus briefs Hot button issues abortion death penalty same sex marriages Assault o The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive conduct Notice guy hitting on your girlfriend ask to stop You get angry just rear back to punch not punch Giving individual an impression that you are about to do an un wanting touching of their body 0 ln criminal law it is an attempt to commit battery requiring the specific intent to cause physical injury 0 REMEMBER THIS IS NOT THE ACTUAL OFFENSE IT IS A THREAT Battery o The application of force to another resulting in harmful or offensive contact The actual contact unwanted that you make with another person39s body When you punch someone kick their shin 0 There are 3 basic elements to battery The defendant39s conduct an act or omission His quotmental statequot Harmful result to the victim 0 THIS IS THE ACTUAL OFFENSE Chattel o Moveable or transferable property Anything that has monetary value Cars cellphones computers deed to land copyright Excep ons Brand new 20 from the year 2015 gt current money in circulation tends not to be chattel If it has a misprint and makes 20 more to collectors is chattel If you collect belly button lint all your life and no one wants to buy so it39s not chattel Why do we care Supreme Court decisions before Civil War actually had justices that would refer to African Americans as chattel o A chattel can be a tangible good or an intangible right such as a patent Certiorarai 0 An extraordinary writ issued by an appellate court at its discretion directing a lower court to deliver the record in the case for review Trying to appeal case in US Supreme Court can come into play in any court Has 9 members in SC When people appeal to supreme court have attorneys for each side and file briefs gt tells whos involved what happened what legal issues are at stake what lower court decided why their case should be heard Can be long Each justice has their own clerk and the clerk reads briefs and summarizes Will include own opinion on what should happen First thing they do is whether they should hear the case Why a case would not be heard The supreme court only deals with some issues Commerce law treaties us constitution Maybe the supreme court has recently dealt with a similar case and don39t want to deal with it again Operate w rule of 4 if 4 or more justices agree to hear the case they grant Certiorari If less agree then they don39t grant Certiorari and don39t hear the case In recent years only 1 granted certiorari o The supreme court uses certiorari to review most of the cases that it decides to hear Also termed a writ of certiorari Concurrence o A vote cast by a judge in favor of the judgment reached often on grounds differing from those expressed in the opinion or opinions explaining the judgment Case goes to supreme court grants certiorari Out of 9 members gt 7 to 2 opinion abortion case 7 say is constitutional 2 say no 7 is winning side can write majority opinion all can sign it and say quotwe say it39s constitutionalquot give reasons why it is 4 could write majority 3 could write concurring opinion Agree with the conclusion but DON T agree on how they reached the opinion 0 A separate written opinion explaining such a vote also termed a concurring opinion 0 CAST IN FAVOR OF JUDGEMENT Dissenting Opinion 0 An opinion by one or more judges who disagree with the decision reached by the majorityoften shortened to dissent Can write one dissenting opinion and all sign or 2 write dissenting opinion At most you will have 4 dissenting opinion Over time the opinions of society and the court change what used to be a dissent could be something part of the majority Brown vs Board of Education Segregation was wrong 0 Also termed minority opinion 0 DOES NOT AGREE Libel o A defamatory statement expressed in a fixed medium such as writing a picture sign or electronic broadcast To prove in court Something you see with your eyes handwritten note photo in a book txt message Has to be a defamatory statement They must be witnessed by a third party 0 Libel is classified as both a crime and a tort but is no longer prosecuted as a crime 0 TO PROVE IN COURT DOES NOT HAVE TO BE A DEFAMATORY STATEMENT Slander o A defamatory statement expressed in a transitory form such as speech To prove in court Something you hear spoken word to you recorded convo something on tv in certain contexts in could be a certain sound Has to be a defamatory statement A statement that hurts your standing or rep in community Must be false statements Must also be believable Must be witnessed by a third party Make a statement one on one No one else hears so it39s not slander o Damages for slander unlike those for libel are not presumed and thus must be proved by the plaintiff o The act of making such a statement 0 IS A DEFAMATORY STATEMENT HURTS A PERSONS39 REPUATATION Res Judicata 0 An issue that has been definitively settles by judicial decision 0 An affirmative defense barring the same parties from litigating a second lawsuit on the same claim or any other claim arising from the same transaction or series of transactions that could have been but was not raised in the first suit Also known as Double Jepardy 2 courts Criminal court Governments bring charges against you for violating a penalcode Go to prison or jail Have a lot more to lose Civil Court The person that you harmed brings a lawsuit against you If you lose you don39t go to jail or prison You have to pay money to the person or family of person that you harmed What would violate Attempted to bring charges against the same act in a 2nd criminal trial Federal courts and state courts Sometimes an indiv Will have federal and state charges against them Some say this violates Res Judicata because you have charges for same act in different lvls Some debate if it violates Res lpsa Loquitor 0 Latin Translation quotthe thing speaks for itselfquot 0 The doctrine providing that in some circumstances the mere fact of an accident39s occurrence raises an interference of negligence so as to est a prima facie case A legal concept rarely used Ex you39re walking in a major downtown area no people walking near you no cars pretty vacant Walk past a big flour factorygt big metal doors see flour packs You blackout and when you wake up the 50 pound flour sack on top of your head you don39t know what happened Common sense tells you that the flour factory had something to do with it No direct evidence there is overwhelming circumstantial evidence connecting the wrong doer to the act The flour factory is responsible UNLESS they can prove that someone else committed the act then they are relieved of liability to you Guilty until proven innocent gt don39t prove this unless there is a strong case in which this is applied Respondeat Superior 0 The doctrine holding an employer or principal liable for the employee39s or agent39s wrongful acts committed within the scope of the employment or agency Say you order a pizza the pizza boy is a 17 year old high school kid drives down the street to give pizza to you the kid is on his phone and hits a young girl The victim39s family would want to sue the company under respondeat superior The pizza kid is in the scope of the company doing his job Instead he decides to go to girlfriends house across town hits a girl and isn39t in the scope of the job If he has a history of not doing their job and hits someone and kills them the employer can be held civilly liable because they know the worker39s history They should give a warning to fix behavior if they don39t then they should let go or the employer will be held liable Summary Judgement o Ajudgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law 0 This procedure device allows the speedy disposition of a controversy wo the need for a trial 0 Try it most likely knowing that it won39t work but it will pay off big if it does Pre trial motion If the judge agrees with one side then they win summary judgment then they win the trial If you lose you still have ability to appeal to federal courts You can tell appellate court that it39s not an obvious slam dunk case lf higher court agrees then they will put the course on trial Rarely granted lf granted many times overturned on appeal Voir Dire o quotspeaking the truthquot 0 A prelim Examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury Process of jury selection If no celeb or big company Around 30 jury pool lf celeb or big company Around 300 or 400 jury pools Varies state by state Attorneys and judges play big roles They tell you about the case and figure if you have biases Tell you who is involved What happened Type of evidence Type of punishment Usually each side gets 3 people removed from each side wo telling why Then they can remove people who are bias If no one is removed then then are in the pettet jury Higher juries usually get openended questions NOTES FROM LECTURE Chapter 5 Civil Rights Civil Rights rights that the government protects from arbitrary or discriminatory treatment by the government or individuals Legal Classifications 0 Suspect class When the laws treat people differently due to their race or when the legislation infringes on some fundamental rights The court applies a strict scrutiny standard of review When strict scrutiny is applied there must be a compelling state interest is the highest standard it makes it the most difficult to treat people differently that fall into the suspect class EX When the Court held that the government had a compelling state interest to relocate the Japanese Americans during WW2 because the Japanese had bombed Pearl Harbor Americans wanted to segregate the Japanese from everyone else like prisoners The Korematsu case 0 Quasisuspect Class When the laws treat people differently based upon their gende the court applies intermediate standard of review There must be an important state purpose for the law or classification The law must be related to the ends When the Court upheld the federal law which required males but not females to register for the draft Rostker case 0 Nonsuspect Class When the laws treat differently based on age wealth or sexual orientation Court applies minimum rationality standard of review There must be a rational basis for the law or classification Rational basis is the lowest standard of review it is easiest to treat people differently who fall into the nonsuspect class When the Court upheld Missouri law requiring public offciails to retire at age of 70 Gregory case Civil War Amendments 0 13th Amendment Banned all forms of slavery and involuntary servitude 0 14th Amendment Grants equal protection of the laws and due process to all citizens Also used to incorporate civil liberties to the states 0 15th Amendment Extended the right to vote to all adult males regardless of race Black Codes the laws Southern states passed which prevented African Americans from Voting Sitting on juries Appearing in public places These codes were to restrict the rights of the former slaves before the passage of the 14th and 15th amendments Jim Crow Laws the laws that the South enforced which were designed to prevent the intent of the Civil War Amendments 0 Efforts were made to keep African Americans along with Hispanics and low income voters of all races from voting by using Poll Taxes Had to pay a fee in order vote cost about 3035 today Literacy Tests 0 OOO Had to take a literacy test to vote had little to do with vo ng Designed to make people fail them Texas did not use these tests Whites only Primaries Only whites could vote in primaries were picking candidates for general election Mostly democratic so the Democratic Primary would win the general election Grandfather clauses If your grandfather was a slave you can39t vote MLK39s quotI Have a Dreamquot speech 0 O O Clarence Jones helped write the speech first 12 minutes were scripted A gospel singer asked Martin Luther King Jr to tell about his dream His speech provided hope for the future that America will live up to quotall men are created equalquot and that equality must happen without the force of physical violence but with passion from the people The Civil Rights Act of 1964 O Outlawed the discrimination in voter registration no more poll taxes literacy tests Barred discrimination in public accommodations Desegregation of schools and public facilities Allowed the federal gov to withhold funds from discriminatory state and local programs Prohibited discrimination on the classification of race color religion national origin or gender Created Equal Employment Opportunity Commission EEOC To monitor and enforce bans on employment discrimination Southerners argued that this act violated the US Constitution and was an unwarranted use of federal power Ruled that de jure segregation must be eliminated at once De Jure segregation Segregation mandated by law became norm in the South Passed miscegenation laws which banned interracial marriage cohabitation or sex with severe penalties imposed for those who violated them Interracial couples who married risked losing their property and even their liberty since heavy fines and jail sentences were among the penalties for breaking those laws De facto Segregation the segregation caused by the tendency of ppl to live in neighborhoods w others of their own race religion or ethnic group still prevails in many communities throughout the US today Chapter 12 Congress House of Representatives 0 2 yr terms Initiate revenue bills Has 435 members Formal Specialize in 1 or 2 policy areas Tax policy Seats are reapportioned ever 10 years Representation based on state39s population Senate 6 yr term Advise and consent 100 members 2 Senators per state Relaxed Know a little about most or all the policy areas 0 Foreign policy Representational Role of Members of Congress 0 Delegate Elected officials who vote the way their constituents want them to even if the official does not think that it is the best decision 0 Politico Elected officials who act as a trustee or delegation depending on the issue at hand 0 Trustee Officials who use their own best judgment when voting and making decisions Don39t always do what their constituents want them to do Lawmaking 0 Only a member of the House or Senate may INTRODUCE the bill but ANYONE can write a bill Constituents Interest groups Someone on behalf of the president 0 A member of the Congress has to introduce the bill Over 9000 bills are proposed in a session of Congress fewer than 5 to 10 of the proposed bills are enacted 0 Most of the bills originate in the executive branch The president or someone on the behalf of the president writes or proposes a bill and finds a member of Congress same party to introduce the bill o A bill goes through 3 stages to become a law Committees The floor Conference committee Chapter 13 The Presidency The qualifications for presidential office 0 Must be 35 years old 0000000 00000 0 Be a US Resident for 14 years 0 A natural born citizen Terms of Office 0 22nd Amendment Limits presidents to two 4yr terms Removal of a President 0 A 2 step process 1 The US House of Reps Conducts the investigation and drafts the Articles of Impeachment for either treason bribery or high crimes and misdemeanors 1 The US Senate tries the case with the Chief of Justice of the US Supreme Coun lf 23 of the Senate votes for the articles then the president is removed from office 0 2 presidents have been impeached Andrew Johnson and Bill Clinton Neither removed from office The Power to Make Treaties o The president has power to make treaties but 23 of the US Senate must ratify Has the power to formally recognize the existence of a country 0 Executive agreements do not require Senate approval only binding during the administration that made them Have been used more often than treaties since 1900 Veto Power 0 Presidents can reject any congressional legislation through a general or pocket veto pocket veto occurs when Congress has adjourned and the president effectively quotputs the bill in his pocketquot and the bill dies 0 Congress can override a veto with 23 vote of both houses 0 Have been over 2500 presidential vetoes 1485 regular vetoes 1068 pocket vetoes 58 have been overridden Presidential Establishment 0 Has numerous advisors to help make policy and fulfill the duties of the execu ve The Cabinet Executive Office of the President EOP The first lady and her staff Vice President and his staff White House staff Chapter 14 The Bureaucracy There are 15 cabinet departments today 0 Account for 60 of the federal workforce 1789 Cabinet Departments 0 Dept of War 0 Dept of State 0 Dept of Treasury Government Corporations 0 They are businesses created by Congress to perform functions that could be performed by private business not profitable EX Amtrak and Tennessee Valley Authority Largest gov corp is the US Postal Service Fed Ex is a profitable competitor to the US Postal Service Independent Executive Agencies 0 Resemble Cabinet departments but have narrower mandates than Cabinet depts 0 Usually perform a service function not a regulatory one EX CIA EEOC NASA EPA Marbury v Madison 0 Formed basis for the exercise of judicial review in the US Fifth Circuit 0 Has appellate jurisdiction over district courts in southern districts Judicial Review power of the supreme court to declare acts of Congress or actions of the executive or even acts or actions of the state gov to be unconstitutional 0 Nowhere mentioned in the constitution 0 Used on hundreds of occasions sometimes sparingly but other times more frequently Judical Activism an approach to judicial decision making which holds that a judge should use hisher position to promote a desirable social end Proximate Cause Proximate Cause A cause that is legally sufficient to result in liability o Directly produces an even and without which the event would not have occurred 0 All about finding out where does your liability end if you commit a wrongful act Palsgraf v Long Island RR CC 0 Facts of case Plaintiff was standing on a platform of defendant39s railroad after buying ticket 2 men ran to catch another train one reached platform of the car without problems train still moving Other man was carrying a package and jumped aboard the car but seemed as if he was about to fall A guard on the car who was holding the door open reached to try and help the second man in Another guard on the platform pushed him from behind The man39s package fell upon the rails 39 Small package covered in newspaper Contained fireworks The fireworks exploded when they fell threw down some scales and struck the plaintiff which caused injuries for which she sued o The holding Majority held that conduct of the defendant39s guard was not a wrong in relation to the plaintiff standing far away Defendant39s guard didn39t know that his actions could result in harm so the defendant is not liable for the harm caused in the case Enright v Eli Lilly amp Co 0 Facts of case Karen Enright39s grandmother ingested DES to prevent miscarriage during a pregnancy which resulted in the birth of Patricia Enright Patricia Enright says she developed abnormalities of her reproductive system due to the exposure of the DES which resulted in many miscarriages and the early birth of Karen Enright Karen suffers from cerebral palsy and other disabilities 1971 FDA banned drug use after the studies establishing a link between in utero exposure to DES and the occurrence in teenage women of a rare form of vaginal and cervical cancer 0 Holding The effects of DES exposure may extend for generations was the court39s duty to confine liability within manageable limits Limiting liability to those who ingested the drug or were exposed to it in utero served this purpose Court recognized public policy favors the availability of prescription druge even though most of them carry risks Drug manufacturers should conduct adequate testing a research prior to the marketing of their products Bartolone v Jeckovich 0 Facts of the case Plaintiff was involved in 4car chain reaction collision in Niagara Falls Sustained relatively minor injuries Whiplash Lower back strain Suffered an acute psychotic breakdown from which he has not recovered Argued that the accident aggravated a preexisting paranoid schizophrenic condition which has disabled him Holding Court held that a defendant must take the plaintiff as he finds him and may be held liable in damages for aggravation of preexisting illness Defendants not allowed to argue that the plaintiff should be denied recovery because his condition might have occurred even without the accident
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