Exam 1: Chapter 1

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Law

Back 1

A body of enforceable rules governing relationships among individuals and between individuals and society

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Primary Source of Law

Back 2

A statement that establishes the law on a particular issue, such as a constitution, a statue, an administrative rule, or a court decision

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Secondary Source of Law

Back 3

A publication that summarizes or interprets the law, such as a law encyclopedia, legal treatise, or an article in a law review

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Constitutional Law

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The body of law derived from the U.S. Constitution and the constitutions of various states

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Statutory Law

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The body of law enacted by legislative bodies

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Citation

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A reference to a publication in which a legal authority-- such as a statue or a court decision--or other source can be found

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Ordinance

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A regulation enacted by a city or county legislative body that becomes part of that state's statutory law

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Uniform Law

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A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

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Administrative Law

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The body of law created by administrative agencies in order to carry out their duties and responsibilities

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Administrative Agency

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A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

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Enabling Legislation

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A statue enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created

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Adjudicate

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To render a judicial decision. Adjudication is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulations

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Administrative Process

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The procedure used by administrative agencies in administering the law

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Rulemaking

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The process by which an administrative agency formally adopts a new regulation or amends an old one

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Legislative Rule

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An administrative agency's rule that carries the same weight as a congressionally enacted statue

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Interpretive Rule

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A nonbonding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statues it enforces

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Administrative Law Judge (ALJ)

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One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

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Case Law

Back 18

The rules of law announced in court decisions. Case law interprets statues, regulations, constitutional provisions, and other case law

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Common Law

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The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature

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Precedent

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A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

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Stare Decisis

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A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

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Binding Authority

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Any source of law that court must follow when deciding a case

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Persuasive Authority

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Any legal authority or source of law that a court may look to for guidance but need not to follow when making its decision

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Remedy

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The relief given to an innocent party to enforce a right or compensate for the violation of a right

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Plaintiff

Back 25

One who initiates a law suit

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Defendant

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One against whom a lawsuit is brought, or the accused person in a criminal proceeding

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Substantive Law

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Law that defines, describes, regulates, and creates legal rights and obligations

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Procedural Law

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Law that establishes the methods of enforcing the rights established by substantive law

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Cyberlaw

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An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via internet

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Civil Law

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The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

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Civil Law System

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A system of law derived from Roman Law that is based on codified laws (rather than on case precedents)

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Criminal Law

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The branch of law that defines and punishes wrongful actions committed against the public

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National Law

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Law that pertains to a particular nation

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International Law

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The law that governs relations among nations

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Federal Form of Government

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A system of government in which the states form a union and the sovereign power is divided between central government and the member states

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Checks and Balances

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The principle under which the powers of the national government are divided among three branches (executive, legislative, judicial)

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Commerce Clause

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The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce

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Police Powers

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Powers possessed by the states to protect or promote the public order, health, safety, morals, and general welfare

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Supremacy Clause

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The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States as the "Supreme Law of Land"

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Preemption

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A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

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Bill of Rights

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The first ten amendments of the Constitution

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Symbolic Speech

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Nonverbal expressions of beliefs.

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Compelling Government Interest

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A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights

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Filtering Software

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A computer program that is designed to block access to certain Web Sites, based on their content.

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Meta Tag

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A key word in a document that an serve as an index reference to the document.

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Establishment Clause

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The provision in the 1st amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

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Free Exercise Clause

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The provisions in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship

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Due Process Clause

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The provisions in the 5th and 14th amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law.

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Equal Protection Clause

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The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner