241394887 | bureaucracy | a hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality | |
241394888 | patronage | One of the key inducements used by party machines. A patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone. | |
241394889 | civil service | A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service. | |
241394890 | merit principle | the idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill. | |
241394891 | senior executive service | An elite cadre of about 11,000 federal government managers, established by the Civil Service Reform Act of 1978, who are mostly career officials but include some political appointees who do not require Senate confirmation. | |
241394892 | administrative descretion | authority of administrative actors to select a response to a problem | |
241394893 | street level bureaucrats | A phrase coined by Michael Lipsky, referring to those bureaucrats who are in constant contact with the public and have considerable administrative discretion. | |
241394894 | regulation | The use of governmental authority to control or change some practice in the private sector. Regulations pervade the daily lives of people and institutions. | |
241394895 | deregulation | the lifting of restrictions on business, industry, and professional activities for which government rules had been established and that bureaucracies had been created to administer. | |
241394896 | command and control policy | according to Charles Schultze, the existing system of regulation whereby government tells business how to reach certain goals, checks that these commands are followed, and punishes offenders. | |
241394897 | standing to sue | The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government. | |
241394898 | class action suits | Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. | |
241394899 | justiciable disputes | a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies | |
241394900 | amicus curiae briefs | Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision. | |
241394901 | origional jurisdiction | The jurisdiction of courts that hear a case first, usually in trial. These are the courts that determine the facts about a case. | |
241394902 | appellate jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. | |
241394903 | senatorial courtesy | An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator. | |
241394904 | opinion | A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself. | |
241394905 | stare decisis | Let the decision stand; decisions are based on precedents from previous cases | |
241394906 | precedent | a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature. | |
241394907 | judicial implementation | how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions | |
241394908 | origional intent | A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. | |
241394909 | judicial restraint | A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures | |
241394910 | judicial activism | A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. | |
241394911 | statutory construction | The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws. |
AP Ch.15 & 16
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