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22 Cards in this Set
- Front
- Back
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ADJUDICATE
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To hold a formal hearing in a disputed matter and issue an official decision.
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BILL
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A proposed statute that has been submitted for consideration to Congress or a state legislature.
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BILL OF RIGHTS
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The first ten amendments to the Constitution.
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DE NOVO DECISION
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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.
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ENABLING LEGISLATION
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A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
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EXECUTIVE AGENCY
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An administrative agency within the executive branch of government.
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EXHAUSTION OF REMEDIES
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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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FORMAL RULEMAKING
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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.
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FREEDOM OF INFORMATION ACT (FOIA)
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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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INDEPENDENT AGENCY
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An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
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INTERPRETIVE RULES
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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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INFORMAL RULEMAKING
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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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LEGISLATIVE HISTORY
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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 RULES
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Regulations issued by an administrative agency.
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OBSCENITY
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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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OVERRIDE
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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.
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PLAIN MEANING RULE
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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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STATUTORY INTERPRETATION
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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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SUBPOENA
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An order to appear, issued by a court or government body.
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SUBPOENA DUCES TECUM
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An order to produce certain documents or things before a court or government body.
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VETO
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The power of the president to reject legislation passed by Congress
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PROMULGATE
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TO ISSUE A NEW RULE
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