Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
84 Cards in this Set
- Front
- Back
|
Federalism
|
The division of powers between the federal government and the state government
|
|
|
Legislative Branch
|
The branch of government with primary responsibility for making or enacting the law
|
|
|
Executive Branch
|
The branch of government with the primary responsibility of carrying out executing or administering the law
|
|
|
Judicial Branch
|
The branch of government with the primary responsibility of interpreting laws by resolving disputes that arise under them
|
|
|
public policy
|
Principles intherent in customs and societal values that are embodied by a law
|
|
|
primary authority
|
any law that a court could rely on in reaching a decision.
|
|
|
secondary authority
|
Any non-law a court can rely on in its decision
|
|
|
Opinion
|
A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute
|
|
|
statute
|
A law passed by the state or federal legislature that declares, commands, or prohibits something. Also called Act and legislation
|
|
|
Constitution
|
The fundamental law that creates the branches of government, allocates power among them and defines some basic rights of individuals
|
|
|
Administrative regulation
|
A law written by an administrative agency designed to explain or carry out the statutes, executive orders or other regulations that govern the agency
|
|
|
Administrative decision
|
An administrative agency's resolution of a controversy (following a hearing) involving the application of the regulations, statutes or executive order that govern the agency. Also Called Administrative Ruling
|
|
|
Charter
|
The fundamental law of municipality or other local unit of government authorizing it to perform governmental functions
|
|
|
Ordinance
|
A law passed by the local legislative branch of government that declares, commands or prohibits something (same as a statute but at the local level)
|
|
|
Rules of court
|
The procedural laws that govern the mechanics of litigation (practice and procedure) before a particular court. Also called court rules
|
|
|
Executive order
|
A law issued by the chief executive pursuant to specific statutory authority or to the executive's inherent authority to direct the operation of governmental agencies
|
|
|
Treaty
|
A formal agreement between two or more nations. Also called a convention
|
|
|
Opinion of the attorney general
|
Formal legal advice given by the chief law officer of the government to another government official or agency
|
|
|
Checks and balances
|
An allocation of governmental powers whereby one branch of government can block \, check, or review what another branch wants to do (or has done) in order to maintain a balance of power among the legislative, executive, and judicial branches
|
|
|
Judicial Review
|
The power of a court to determine the constitutionality of a statute or other law, including the power to refuse to enforce it if the court concludes that it violates the constitution
|
|
|
Common Law
|
1)Court Opinions; all cases of law, 2)Judge made law in the absence of controlling statutory law or other higher law3) The legal system of England and of those countries such as the US whose legal system is based on England's 4) The case law and statutory law in England and in the American colonies before the American Revolution
|
|
|
Civil Law System
|
The legal system of Countries such as US whose common law system places a greater emphasis on case law
|
|
|
At Common Law
|
All the case law and statutory law in England and in the US before the Revolution (refers to colonial period)
|
|
|
Precedent
|
A Prior decision covering a similar issue that can be used as a standard or guide in a later case
|
|
|
Stare Decisis
|
"Stand by things decided" Courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. Court should be reluctant to reject precedent---a prior opinion covering a similar issue
|
|
|
Cause of action
|
A legally acceptable reason for suing. Facts that give a party the right to judicial relief
|
|
|
Derogation
|
A partial repealing or abolishing of a law. as by a subsequent act that limits its scope or force.
|
|
|
Consideration
|
A bargained-for promise, act, or forbearance. Something of value exchanged between the parties
|
|
|
adversarial
|
involving conflict or adversaries
|
|
|
Adversarial System
|
A method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker
|
|
|
Inquisitorial System
|
A method of resolving a legal dispute in some civil law countries in which the judge has a more active role in questioning the witnesses and in conducting the trial than in an adversarial system
|
|
|
Equity
|
Justice administered according to fairness in a particular case as contrasted with strictly formalized rules once followed by common law courts
|
|
|
Specific performance
|
An equitable remedy that orders the performance of a contract according to the precise terms agreed upon by the parties
|
|
|
Injunction
|
An equitable remedy that orders a person or organization to do or to refrain from doing something
|
|
|
constitutional court
|
A court created within the constitution. (Article II Courts)
|
|
|
legislative court
|
A court created by the legislature At Federal Lever they are called Article I Courts-Article one of the Constitution gives the authority to create special courts
|
|
|
Jurisdiction
|
The power of a court to decide a matter in controversy--(Geographic Area, Scope...)
|
|
|
Adjudicate
|
To hear and resolve a legal matter judicially. To judge.
|
|
|
Personal Jurisdiction (in personam jurisdiction)
|
A court's power over a person to adjudicate his or her personal rights
|
|
|
In Rem Jurisdiction
|
The courts power over a particular thing or status (res) located within the territory over which the court has authority
|
|
|
Quasi-InRem Jurisdiction
|
A courts Power over a person but restricted to his or her specific interest in property within the territory over which the court has authority
|
|
|
Subject matter jurisdiction
|
The court's power to resolve a particular kind or category of dispute
|
|
|
Limited jurisdiction
|
Power of the court to hear only here certain kinds of cases
|
|
|
General jurisdiction
|
Power of the court to hear any kind of case with exceptions
|
|
|
Exclusive jurisdiction
|
Power of the court to hear specific cases
|
|
|
Concurrent jurisdiction
|
Power of a court along with other courts to hear a case
|
|
|
Original jurisdiction
|
Power of a court to be the first to hear a case before it's heard by another
|
|
|
Appellate jurisdiction
|
Power of an appellate court to review and correct decisions
|
|
|
Judicial Review (Review)
|
Power of a court to examine the correctness of what a lower tribunal has done
|
|
|
Writ of Certiorari (cert)
|
An order (or writ) by a higher court that a lower court send up the record of a case because the higher court has decided to use it's discretion to review that case.
|
|
|
Inferior court
|
A trial court of limited or special jurisdiction-Any court that is subordinate to the court of final resort
|
|
|
Appellate brief
|
A document supbmitted (filed) by a party to an appellate court(and served on the opposing party) in which arguments are presented on why the appellate court should affirm, reverse or otherwise modify what a lower court has done
|
|
|
Panel
|
Group of judges, usually three, who decide a case in a court with a larger number of judges.
|
|
|
En Banc
|
By the entire court
|
|
|
Court of final resort
|
The highest court within a judicial system
|
|
|
U.S. District Court
|
The main trial court in the federal judicial system
|
|
|
Diversity of citizenship
|
The disputing parties are citizens of different states and the amount in controversy exceeds $75,000.00. This diversity gives jurisdiction to the U.S. District Court
|
|
|
U.S. Supreme Court
|
The court of the final resort in the federal Judicial system
|
|
|
Administrative Agency
|
A government body other than a court or legislature, that carries out the statutes of the legislature, the executive orders of the chief executive, and it's own regulations
|
|
|
Executive department agency
|
An administrative agency that exists within the executive branch of government, often at the cabinet level
|
|
|
Cause
|
A legally sufficient reason to do something. Sometimes referred to as just cause or good cause
|
|
|
Independent regulatory
|
an administrative agency that regulates an aspect of society, it often exists outside the executive branch of government
|
|
|
Quasi-independent regulatory agency
|
An administrative agency that has characteristics of an executive department agency and an independent regulatory agency
|
|
|
Government Corporation
|
A government owned entity that is a mixture of a business corporation and a government agency created to serve a predominantly business function in the public interest
|
|
|
Quasi-legislation
|
An administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature
|
|
|
Quasi-adjudication
|
An administrative decision written by an administrative agency that has some characteristics of an opinion written by a court
|
|
|
administrative law judge (ALJ)
|
A government officer who presides over a hearing at an administrative agency
|
|
|
exhaust administrative remedies
|
To go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did
|
|
|
Administrative Procedure Act (APA)
|
The statute that governs prcedures before federal administrative agencides. Many states have their own APA for procedures before state administrative agencies
|
|
|
Bicameral
|
Having two houses or chambers in the legislature
|
|
|
Unicameral
|
Having one house or chamber in the legislature
|
|
|
Legislative history
|
Hearings, debates, amendments, committee reports, and all other events that occure in the legislature before a bill is enacted into a statute
|
|
|
Initiative
|
The electorate's power to propose and directly enact a statute or change in the constitution or to force the legislature to vote on the proposal
|
|
|
referendum
|
The electorate's power to give final approval to an existing provision of the constitution or statute of the legislature
|
|
|
session
|
1. A continuous sitting of a legislature of court. 2. Any time in the day during which such a body sits
|
|
|
transcript
|
a word-for-word account. A written copy of oral testimony.
|
|
|
Transcribed
|
Taken down in a word-for-word account
|
|
|
engrossed
|
The version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes
|
|
|
conference committee
|
A temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed
|
|
|
enrolled bill
|
A bill that is ready to be sent to the chief executive after both chambers of the legislature have passed it
|
|
|
Veto
|
A rejection by the chief executive of a bill passed by the legislature
|
|
|
override
|
To supersede or change a result. To approve a bill over the Veto of the chief executive
|
|
|
pocket veto
|
The chief executive's "silent" rejection of a bill by not action on it within ten days of receiving it if the legislature adjourns during this period
|
|
|
Rescission
|
Calls off an arrangement or contract in the event that no other remedy will make a party "whole"
|
