Shared Flashcard Set

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Family Law
Test 1
76
Law
Undergraduate 4
02/17/2014

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Cards

Term
Home equity
Definition
The pocket value of a home or property, based on fair market value, when the amount owed on the property (mortgages, liens) is excluded
Term
Paid family leave
Definition
Policy allowing a worker time off to care for a new child or a seriously ill family member, while continuing to receive some income; in many nations, but not the US, paid family leave is legally guaranteed and sometimes even subsidized by the government
Term
Family structure
Definition
The composition and membership of a family, including the organization and patterning of relationships among individual family members (step family, extended family)
Term
Evidence-based policy
Definition
Policy or practice that is guided by the most up to date research outcomes in that field of study
Term
Defense of Marriage Act
Definition
Federal Policy signed in 1996 defining marriage as between one man and one woman and, until 2013, limited marriage benefits to couples meeting this criterion
Term
Family
Definition
Not a universally defined entity, but rather a collection of people (two or more) that can be identified by its structural connection (blood,relationship, legal ties) or by its functional connection (sharing economic resources or caring for its members); the preferred definition often depends on the intent of a specific policy or program
Term
Family life education movement
Definition
Trend beginning in the early 20th century that prepared students for family life functions through coursework typically taught in social science departments
Term
National Council on Family Relations
Definition
Professional association of researchers, educators, and practitioners dedicated to the study and strengthening of families worldwide, and publishing three scholarly journals including "Journal of Marriage and Family Relations"
Term
Parental leave
Definition
Workforce policy allowing either parent of a child to take (paid or unpaid) time off to care for that child, most commonly used in the case of a child's birth, adoption, or sickness
Term
Policymaker
Definition
Elected, hired, or appointed leader at the local, state, or national level who creates and shapes the laws or rules in the public or private sectors; leaders represent and reflect the views of their constituents in public debate and weigh these views along with local and national perspectives, popular opinion, and each one's personal conscience
Term
Policymaking
Definition
The practice of creating and shaping the laws or rules in the public or private sectors by leaders who are elected, hired, or appointed to represent and reflect the views of constituents, weighing these views along with local and national perspectives, popular opinion, and each ones personal conscience.
Term
Privatization
Definition
Policies that change public programs/agencies into privately run enterprises subject to competitive market forces.
Term
Social Security Act
Definition
Legislation signed in 1935 to provide federal financial assistance to the retired, aging, and unemployed
Term
Socioeconomic status
Definition
Hierarchical ranking of an individual's or groups position in a particular social structure that is based on multiple variables such as level of education, occupation, income, and place of residence.
Term
Deregulation
Definition
Policies that decrease the level of governmental control over a system or industry
Term
Family status
Definition
An individual's position in a family that can determine how policies affect the individual (whether an individual is cohabiting or married, if the child is dependent)
Term
Medicaid
Definition
Collaborative program of the federal and state governments, providing medical benefits for low income citizens and legal permanent residents of the U.S meeting eligibility requirements
Term
Political action committees
Definition
Organizations formed to raise and disperse large amounts of money supporting their favored political candidates and initiatives
Term
Devolution
Definition
Transfer of legislative power from a central government to more regional centers of government
Term
Equal Protection Clause
Definition
The portion of the 14th amendment of the U.S Constitution guaranteeing all people "equal protection" under U.S. laws, which has in recent years been ruled by the federal courts to be relevant to families in some new ways
Term
Privatization of family law
Definition
Increasingly prevalent legal practice of treating marriages and families as private contractual arrangements, prioritizing the rights and obligations of individuals rather than the collective needs and commitments of the family as a social institution
Term
Structural Family Systems Theory
Definition
Developed by Salvador Minuchin to explain family dysfunction. These therapist strive to understand the invisible rules which govern family functioning, map the relationships between family members, and ultimately change dysfunctional families to healthy ones.
Term
Family allowance
Definition
Cash subsidy offered monthly to parents or guardians of young children in some nations. The U.S does not offer this but does offer tax exemptions
Term
Human capital
Definition
The economic value of human beings each representing specific competencies, skills, and an ability to produce wealth
Term
Income inequality
Definition
Imbalance in the levels of income earned across various segments of society
Term
Income support
Definition
Supplement that increases the income level of an individual or family
Term
Organisation for Economic Co-operation and Development (OECD)
Definition
International association with 34 member nations, with a mission of cooperating to improve social and economic realities for people around the world; membership includes strong advanced nations
Term
Democracy
Definition
A society in which all members share equal power
Term
Congress
Definition
Legislative branch of the U.S federal government that is comprised of the House of Reps and the Senate, and whose powers are limited to those specified in the constitution; other powers are reserved for states and their citizens
Term
Constituents
Definition
Members of a group who are empowered to elect or designate another such as an elected official to act as their representative
Term
House of Delegates or Assembly
Definition
In state government, an alternative title for one chamber of the state legislature, the House of Representatives
Term
House of Representatives
Definition
In federal government, one of the two chambers of congress consists of 435 voting members, each of whom represents a congressional district and serves a two year term; in state government, one of the teo chambers of the state legislature
Term
Nonpartisan
Definition
Representing or supported by the interests or policies of no single political party, ideology, or interest group
Term
Policy administrators
Definition
County and state agency personnel and directors of nonprofit organizations who develop the practices and procedures that underlie policy and program implementation
Term
Secession
Definition
The act of withdrawing from an organization, union, or political entity
Term
Senate
Definition
In federal government, one of the two chambers of congress that consists of 100 senators (two from each state) who serve a six year term, in state government, one of two chambers of the state legislature
Term
Supreme Court
Definition
Highest judicial body within a jurisdiction whose rulings are bit subject to further review by another court, in the United States there is one Supreme Court, but each state has its own high court over which only the U.S supreme court has jurisdiction on issues related to federal laws.
Term
Statutes
Definition
Laws enacted by the legislature
Then codified, i.e. Alabama Code
Term
Case Law
Definition
a written decision issued by a court, often referred to as a judicial opinion or decision
Changes every Friday-Dynamic System
Higher court decisions are binding on lower courts
Concept of precedent
Term
Administrative
Definition
Created by statute and charged with regulating an area of conduct
i.e. FDA (IRS)
Regulations- Code of Federal Regulations
Term
Executive Order
Definition
A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty
Have the force and effect of law
Courts consider such orders to be the equivalent of
statutes
Homeland Security Department
Term
Uniform Laws
Definition
-Seeks adoption of identical or similar laws by all the states
-The NCUSL was formed in 1892 upon the recommendation of the American Bar
-Association for the purpose of promoting “uniformity in state laws on all subjects where uniformity is deemed desirable and practicable.”
Term
Bicameral Legislature
Definition

 

  • The House of Representatives
  • The Senate
Term
The Senate
Definition

 

  • Vice President
  • President pro tempore
  • Majority leader (who has the majority of people in the senate) (right now: democrats)
  • 17 senate committees, with 70 subcommittees
Term
The House of Representatives
Definition

 

  • Speaker of the house
  • Majority leader
  • 23 House committees, with 104 subcommittees
  • determined by US census every 10 years
  • a few delegates from US territories
      • New Hampshire = 2 reps
      • Louisiana = 7 reps
Term
Congress
Definition

 

  • 435 representatives
    • entire House membership faces reelection every two years
  • 100 Senators
    • 1/3 of the senators every two year
    • 6 year terms
    • January 3rd-July 31st
Term
Special Senate Duties
Definition

 

  • Confirm or disapprove any treaties the President drafts
  • Confirm or disapprove the Presidential appointments, such as the Cabinet, officers, Supreme Court Justices, and ambassadors.
  • Holds a trial for a government official who commits a crime against the country
Term
Powers of Congress
Definition

 

  • Coining Money 
  • Maintaining a military
  • Declaring war on other countries
  • Regulating interstate and foreign commerce
  • Elastic Clause
  • Impeachment 
  • write, debate, and pass bills
  • investigating pressing national issues
  • supervising the executive and judicial branches
Term
15 Executive Offices of the Cabinet
Definition
  • Department of Agriculture
  • Department of Commerce
  • Department of Defense
  • Department of Education
  • Department of Energy
  • Department of Interior
  • Department of Justice
  • Department of Labor
  • Department of Health and Human Services
  • Department of Homeland Security
  • Department of Housing and Urban Development
  • Department of State
  • Department of Transportation
  • Department of Treasury
  • Department of Veterans Affairs
Term
Department of Agriculture
Definition
farming, agriculture, food
Term
Department of Commerce
Definition
  • Improving living standards by promoting economic development and technological innovation 
Term
Department of Defense
Definition

 

  • military forces (pentagon)
Term
Department of Education
Definition

 

  •  equal access and opportunity, educational excellence
Term
Department of Energy
Definition

 

  • gas supply, securing the development and distribution of clean, reliable, and affordable energy 
Term
Department of Health and Human Services (HHS)
Definition

 

  • responsible for protecting the health of all americans and providing human services especially for those who are least able to help themselves (CDC) food safety. 700 billion dollar budget 
Term
Department of Homeland Security
Definition

 

  • patrol borders, protect travelers
Term

 

Department of Housing and Urban Development

Definition

 

  • responsible for housing needs, fair housing laws are enforced, low income substities programs (section 8 housing)
Term

 

Department of interior

Definition

 

  • protecting natural resources
Term
Department of Justice
Definition

 

  • enforce the law, defend  the interest of the united states according to the law 
Term

 

Department of Labor

Definition
  • Charged with preparing the American workforce for new and better jobs, and ensuring the adequacy of America's workplaces
Term

 

Department of transportation

Definition
  • Oversees federal highway, air, railroad, and maritime and other transportationadministration functions; components include the FAA
Term
Department of Treasury
Definition

 

  • financial infrastructure of the country 
Term
Department of State
Definition
  • The United States federal executive department responsible for international relations of the U.S.
Term
Department of verteran affairs
Definition

 

  • administering all of the programs to veterans
Term
Bipartisan
Definition

representing, characterized by, or including members from two parties or factions.
Term
The process of how a Bill becomes a law:
Definition
Bill draft-->Committee hearings-->Floor debate in the first chamber--> Floor debate in the second chamber-->Executive approval
Term
Explicit
Definition
primary domains of family (really about families)
Term
Implicit
Definition
anything else that impacts families (tax credit, education)
Term
Mediation
Definition
the act or process of mediating; especially : intervention between conflicting parties to promote reconciliation, settlement, or compromise
Term
Arbitration
Definition
a process of settling an argument or disagreement in which the people or groups on both sides present their opinions and ideas to a third person or group
Term
Draytan Neibors info:
Definition
-Former Alabama supreme court Justice
-What was the most important thing in the last thousand years? democracy
-Paul Johnson says it was the Rule of Law
-The legislature is where policy is made
Term
Civil Case
Definition
everything that is not criminal, conflicts between people (FAMILY LAW)
Term
Criminal Case
Definition
conflict of the law and is punishable
Law-standards imposed by society (minimum standards)
Punishments-fines, imprisonment, restitution payment
Term
Probate Court
Definition
where all wills and estates are filed
Term
Common law
Definition
accidents, contracts
Term
The Accountability Act
Definition
-42 states have charter school authority-alabama does not
-The teachers union AEA keeps that from happening
-12 states that have tax credit scholarships
-Either pay $10,000 in taxes to the state or $5,000 to school to pay for scholarships for poor students to go to school
-AEA can block charter schools but didn’t block scholarships

The Alabama Accountability Act of 2013 does three things:
1. Allows for flexibility contracts between the State Board of Education and local school districts
2. Creates tax credits for families with students in a (chronically) failing school to attend a nonpublic school or non-failing public school
3. Creates tax credits for taxpayers (individuals and businesses) who donate to a nonprofit “scholarship granting organization” that provides scholarships for students to attend a nonpublic school or non-failing public school
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