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22 Cards in this Set
- Front
- Back
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To hold a formal hearing in a disputed matter and issue an official decision.
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Adjudicate
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A proposed statute that has been submitted for consideration to Congress or a state legislature.
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Bill
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The first ten amendments to the Constitution.
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Bill of rights
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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.
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De novo decision
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A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
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Enabling legislation
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An administrative agency within the executive branch of government.
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Executive agency
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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.
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Exhaustion of remedies
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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.
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Formal rulemaking
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A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.
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Freedom of Information Act (FOIA)
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An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
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Independent agency
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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.
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Informal rulemaking
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A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.
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Interpretive rules
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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.
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Legislative history
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Regulations issued by an administrative agency.
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Legislative rules
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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.
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Obscenity
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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.
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Override
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In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to.
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Plain meaning rule
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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.
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Promulgate
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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.
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Statutory interpretation
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An order to appear, issued by a court or government body.
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Subpoena
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An order to produce certain documents or things before a court or government body.
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Subpoena duces tecum
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The power of the president to reject legislation passed by Congress, terminating the bill unless Congress votes by a two-thirds majority to override.
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Veto
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