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15 Cards in this Set

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  • Back
Naturalist Theory
A philosophy that all persons inherently know the difference between right and wrong
Positivist Theory
Political belief that there should be a superior governmental entity that is not subject to question or challenge
Sociological Theory
Doctrine following the principle that government should adapt laws to reflect society’s current needs and beliefs
Commerce Clause
Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
Necessary and Proper Clause
Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers
Full Faith and Credit Clause
Each state must reconize the public acts, records, and judicial proceedings
Supremacy Clause
Federal law is more powerful than state law
Bill of Attainder
The legislature cannot convict someone through a bill, there must be a trial.
De Novo Review
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.
Purpose of Legislation
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.
Delegation Doctrine
The Delegation doctrine is a principle limiting Congress's ability to transfer its legislative power to another governmental branch, especially the executive branch.
Enabling Act
Congressional enactment that creates the authority in the executive to organize and oversee an administrative agency by establishing specific legislative goals and objectives.
Administrative Procedures Act
(APA) Congressional enactment that requires all federal administrative agencies to follow certain procedures in the issurance of administative law/
Exhaustion of Remedies
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
Notice of Proposed Rule Making
(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.