Ch 1 Vocab Crc Bus Law

Front 1

Case Law and Common Law

Back 1

common law, which is the body of judicial decisions interpreting and enforcing constitutional, statutory, or administrative law and governing those relationships and transactions that constitutional, statutory, and administrative law do not govern.

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Statutory Law

Back 2

federal and state statutes and local ordinances

Front 3

Administrative Law

Back 3

administrative rules and regulations promulgated by federal, state, and local regulatory agencies

Front 4

Stare Decisis

Back 4

The doctrine obliging judges to follow established precedent within a particular jurisdiction.

Front 5

Precedent

Back 5

The authority afforded to a prior judicial decision by judges deciding subsequent disputes involving the same or similar facts and the same jurisdiction’s substantive law.

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Binding Authority

Back 6

Any primary source of law a court must follow when deciding a dispute. This includes all constitutional provisions, statutes, treaties, regulations, or ordinances that govern the issue being decided, as well as prior court decisions that constitute controlling precedent in the court’s jurisdiction

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Persuasive Authority

Back 7

Any primary or secondary source of law which a court may, but which the court is not bound to, rely upon for guidance in resolving a dispute

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Remedy

Back 8

The means given to a party to enforce a right or to compensate for another’s violation of a right.

Front 9

Substantive law

Back 9

creates, defines, describes, regulates, restricts, suspends, and sometimes abolishes legal rights and obligations

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Procedural law

Back 10

establishes and regulates the manner of enforcing or vindicating substantive legal rights

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Civil law

Back 11

defines and enforces the duties or obligations of persons to one another

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Criminal law

Back 12

defines and enforces the obligations of persons to society as a whole

Front 13

National Law

Back 13

Written and unwritten laws governing rights and obligations within a particular country.

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International Law

Back 14

Written and unwritten laws governing the relations between and among nations and between nations and the citizens of one or more other sovereign nations (e.g., the Geneva Convention on the Treatment of Prisoners of War, the Warsaw Convention on International Air Travel, the General Agreement on Tariffs and Trade).

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Federal Government

Back 15

form of government where states form a union and the sovereign power is divided between the national government and the various states.
Separation of Powers: our national government consists of three branches, each of which acts as a check on the others’ power

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The Legislative Branch (Congress):

Back 16

may override the President’s veto and define the Judiciary’s jurisdiction and must confirm judicial and high-level Executive appointees

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The Executive Branch (the President and executive agencies)

Back 17

may veto Congressional legislation and appoint federal judges

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The Judicial Branch (the Supreme Court and the lower federal courts)

Back 18

has the power to void Executive and Congressional acts if they are unconstitutional

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The Bill of Rights

Back 19

expressly reserves to the states all powers the Constitution, as amended, does not expressly grant the federal government

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Commerce Clause

Back 20

: Article I, Section 8 of the U.S. Constitution empowers Congress “[t]o regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.” Since 1824, the Supreme Court has interpreted the Commerce Clause to permit Congress to regulate both interstate commerce (i.e., commerce between two or more states) and intrastate commerce (i.e., commerce within a single state), as long as the intrastate commerce at issue “substantially affects” interstate commerce.

Front 21

Police Powers

Back 21

As part of their sovereign powers of the states (not the federal government), states possess the power to regulate private activities in order to protect or promote public order, health, safety, morals, and general welfare

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Preemption

Back 22

Federal law is said to preempt a conflicting state or local law, regulation, or ordinance if federal law is so pervasive, comprehensive, or detailed that it leaves state and local law no room to supplement it, or federal law creates a federal regulatory agency that is empowered to enforce federal law

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Symbolic speech

Back 23

includes all forms of expressive conduct, including gestures, movements, and clothing.

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Unprotected speech

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Government may prohibit certain types of speech, for example: speech (i.e., slander) or writing (i.e., libel) that defames or harms the good reputation of another person, threatening or “fighting” words, and obscene or pornographic speech

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Procedural Due Process

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requires that any government decision to take life, liberty, or property must be made fairly, giving the persons from whom life, liberty, or property is to be taken prior notice and the opportunity to be heard by an impartial decision maker.

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Substantive Due Process

Back 26

requires that the interest of the state to be served by any law or other governmental action be weighed against the right of the individuals against whom the law or action is directed. A fundamental right (e.g., free speech, interstate travel, privacy) will be protected unless the government can show a compelling state interest (e.g., public safety).
In all other cases, a law or action will not violate substantive due process as long as it is rationally related to any legitimate governmental purpose.