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84 Cards in this Set

  • Front
  • Back
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
A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute
A law passed by the state or federal legislature that declares, commands, or prohibits something. Also called Act and legislation
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
The fundamental law of municipality or other local unit of government authorizing it to perform governmental functions
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
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)
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
A partial repealing or abolishing of a law. as by a subsequent act that limits its scope or force.
A bargained-for promise, act, or forbearance. Something of value exchanged between the parties
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
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
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
The power of a court to decide a matter in controversy--(Geographic Area, Scope...)
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
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
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
An administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature
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
Having two houses or chambers in the legislature
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
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
The electorate's power to give final approval to an existing provision of the constitution or statute of the legislature
1. A continuous sitting of a legislature of court. 2. Any time in the day during which such a body sits
a word-for-word account. A written copy of oral testimony.
Taken down in a word-for-word account
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
A rejection by the chief executive of a bill passed by the legislature
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
Calls off an arrangement or contract in the event that no other remedy will make a party "whole"