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22 Cards in this Set

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To hold a formal hearing in a disputed matter and issue an official decision.
Adjudicate
A proposed statute that has been submitted for consideration to Congress or a state legislature.
Bill
The first ten amendments to the Constitution.
Bill of rights
The power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.
De novo decision
A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
Enabling legislation
An administrative agency within the executive branch of government.
Executive agency
A principle of administrative law that no party may appeal an agency action to a court until she has utilized all available appeals within the agency itself.
Exhaustion of remedies
The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing, with opportunity for evidence and cross-examination, before promulgating the final rule.
Formal rulemaking
A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.
Freedom of Information Act (FOIA)
An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
Independent agency
The process whereby an administrative agency notifies the public of a proposed new rule and permits comment but is then free to promulgate the final rule without a public hearing.
Informal rulemaking
A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.
Interpretive rules
Used by courts to interpret the meaning of a statute, this is the record of hearings, speeches, and explanations that accompanied a statute as it made its way from newly proposed bill to final law.
Legislative history
Regulations issued by an administrative agency.
Legislative rules
Constitutional law doctrine holding that some works will receive no First Amendment protection because a court determines they depict sexual matters in an offensive way.
Obscenity
The power of Congress or a state legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house.
Override
In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to.
Plain meaning rule
A court's power to give meaning to new legislation by clarifying ambiguities, providing limits, and ultimately applying it to a specific fact pattern in litigation.
Promulgate
A court's power to give meaning to new legislation by clarifying ambiguities, providing limits, and ultimately applying it to a specific fact pattern in litigation.
Statutory interpretation
An order to appear, issued by a court or government body.
Subpoena
An order to produce certain documents or things before a court or government body.
Subpoena duces tecum
The power of the president to reject legislation passed by Congress, terminating the bill unless Congress votes by a two-thirds majority to override.
Veto