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22 Cards in this Set

  • Front
  • Back
ADJUDICATE
To hold a formal hearing in a disputed matter and issue an official decision.
BILL
A proposed statute that has been submitted for consideration to Congress or a state legislature.
BILL OF RIGHTS
The first ten amendments to the Constitution.
DE NOVO DECISION
The power of an appellate court to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.
ENABLING LEGISLATION
A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
EXECUTIVE AGENCY
An administrative agency within the executive branch of government.
EXHAUSTION OF REMEDIES
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.
FORMAL RULEMAKING
The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing before promulgating the final rule.
FREEDOM OF INFORMATION ACT (FOIA)
A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.
INDEPENDENT AGENCY
An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
INTERPRETIVE RULES
A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.
INFORMAL RULEMAKING
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.
LEGISLATIVE HISTORY
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 RULES
Regulations issued by an administrative agency.
OBSCENITY
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.
OVERRIDE
The power of a legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house.
PLAIN MEANING RULE
In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to.
STATUTORY INTERPRETATION
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.
SUBPOENA
An order to appear, issued by a court or government body.
SUBPOENA DUCES TECUM
An order to produce certain documents or things before a court or government body.
VETO
The power of the president to reject legislation passed by Congress
PROMULGATE
TO ISSUE A NEW RULE