Intro To Law

Front 1

Naturalist Theory

Back 1

A philosophy that all persons inherently know the difference between right and wrong

Front 2

Positivist Theory

Back 2

Political belief that there should be a superior governmental entity that is not subject to question or challenge

Front 3

Sociological Theory

Back 3

Doctrine following the principle that government should adapt laws to reflect society’s current needs and beliefs

Front 4

Commerce Clause

Back 4

Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Front 5

Necessary and Proper Clause

Back 5

Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers

Front 6

Full Faith and Credit Clause

Back 6

Each state must reconize the public acts, records, and judicial proceedings

Front 7

Supremacy Clause

Back 7

Federal law is more powerful than state law

Front 8

Bill of Attainder

Back 8

The legislature cannot convict someone through a bill, there must be a trial.

Front 9

De Novo Review

Back 9

The phrase "de novo" is a Latin term meaning "anew" or "afresh." When appellate courts apply the de novo standard of review, they hear the case all over again, as if it had not previously been tried.

Front 10

Purpose of Legislation

Back 10

1. provide laws that will protect society from what is unsafe for, or unacceptable to, the majority of citizens. 2.A remedial law corrects existing law or remedies an existing grievance.3. to ensure that protective and remedial statutes are available and applied to all citizens in the same way, those laws are called procedural laws.

Front 11

Delegation Doctrine

Back 11

The Delegation doctrine is a principle limiting Congress's ability to transfer its legislative power to another governmental branch, especially the executive branch.

Front 12

Enabling Act

Back 12

Congressional enactment that creates the authority in the executive to organize and oversee an administrative agency by establishing specific legislative goals and objectives.

Front 13

Administrative Procedures Act

Back 13

(APA) Congressional enactment that requires all federal administrative agencies to follow certain procedures in the issurance of administative law/

Front 14

Exhaustion of Remedies

Back 14

Requirment that anyone having a dispute with an agency must first follow all available procedures to resolve the dispute within the agency before taking the issue before judiciary

Front 15

Notice of Proposed Rule Making

Back 15

(NPR) A public notice issued by law when one of the independent agencies of the United States government wishes to add, remove, or change a rule or regulation as part of the rulemaking process.