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Introduction to Paralegalism > 6 - Intro to Legal System > Flashcards

6 - Intro to Legal System Flashcards

1
Q

federalism

A

the division of powers between the federal government and the state governments

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2
Q

legislative branch

A

the branch of government with primary responsibility for making or enacting laws

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3
Q

executive branch

A

the branch of government with primary responsibility for carrying out, executing, or administering laws

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4
Q

judicial branch

A

the branch of government consisting of courts that have primary responsibility for interpreting laws by resolving disputes that arise under them

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5
Q

checks and balances

A

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 so that no one branch can dominate the other two

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6
Q

judicial review

A

1 - the power of a court to determine the constitutionality of a statute or other law
2 - the power of a court to determine the correctness of what a lower tribunal has done

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7
Q

law

A

an authoritative rule written and enforced by one or more government bodies

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8
Q

primary authority

A

a law written by one of the three branches of government

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9
Q

secondary authority

A

a non-law (e.g. a legal periodical article) that summarizes, describes, or explains the law but is not the law itself

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10
Q

opinion of the attorney general

A

formal legal advice given by the chief law officer of the government to another government official or agency

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11
Q

common law

A

1 - judge-made law in the absence of controlling statutory law or other higher law (law derived from court opinions)
2 - the court opinions and statutes in England and in the American colonies before the American Revolution
3 - the legal system of England and of those countries such as the US whose legal system is based on England’s

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12
Q

at common law

A

1 - referring to all the case law and statutory law in England and in the American colonies before the Revolution
2 - pertaining to judge-made law

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13
Q

common-law system

A

the legal system of England and most of the US that places a greater emphasis on case law than do countries that have a civil law system where a greater emphasis is placed on statutory or code law

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14
Q

civil-law system

A

the legal system of many countries in Continental Europe and Latin America (and Louisiana) that places a greater emphasis on statutory or code law than do countries (such as England and most of the US) whose common-law system places a greater emphasis on case law

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15
Q

precedent

A

a prior opinion or decision covering similar facts or issues in a later case that can be used as a standard or guide in the later case

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16
Q

stare decisis

A

(“stand by things decided”) courts should decide similar cases in the same way unless there is a good reason for the court to do otherwise; when resolving an issue, courts should be reluctant to reject precedent - a prior opinion covering similar facts and issues

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17
Q

cause of action

A

1 - a legally acceptable reason for bringing a suit; a rule that constitutes a legal theory for bringing a suit
2 - the facts that give a person a right to judicial relief; when you “state a cause of action” you list the facts that give you a right to judicial relief against the alleged wrongdoer

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18
Q

derogation

A

a partial repeal or abolishment of a law

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19
Q

consideration

A

something of value that is exchanged between parties; it can be an act, a forbearance (not performing an act), a promise to perform an act, or a promise to refrain from performing an act

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20
Q

enacted law

A

1 - written law by a deliberative body such as a legislature or constitutional convention after it is proposed and often debated an amended
2 - any law that is not created within litigation

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21
Q

prospective

A

governing future events; effective in the future

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22
Q

equity

A

justice administered according to fairness in a particular case, as contrasted with the strictly formalized rules once followed by common-law courts

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23
Q

damages

A

1 - money claimed by a person to compensate for the harm caused by an alleged wrongdoer
2 - an award of money paid by the wrongdoer to compensate the person who has been harmed

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24
Q

equitable

A

1 - fair; just

2 - pertaining to any remedy available in an action in equity

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25
Q

specific performance

A

a remedy for breach of contract that forces the wrongdoing party to complete the contract as promised

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26
Q

injunction

A

a remedy that orders a person or organization to do or to refrain from doing something

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27
Q

constitutional court

A

a court that derives its jurisdiction from a provision of the constitution (at the federal level, a constitutional court is called an Article iii court because it derives its jurisdiction from Article iii of the US Constitution)

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28
Q

legislative court

A

a court created by the legislature (at the federal level, a legislative court is called an Article i court because Article i of the US Constitution gives Congress the authority to create special courts)

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29
Q

adjudicate

A

to resolve or decide by judicial process; to judge

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30
Q

inquisitional system

A

a method of resolving a legal dispute in some countries in which the judge has a more active role in questioning the witnesses and in conduction the trial than in an adversary system

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31
Q

record

A

the official collection of all the trial proceedings, exhibits, orders, and word-for-word testimony that were part of the trial

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32
Q

court of record

A

a court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred

33
Q

trial de novo

A

a new trial conducted as if a prior one had not occurred

34
Q

territorial jurisdiction

A

the geographic boundaries within which a court has the power to act

35
Q

personal jurisdiction

A

a court’s power over a person to determine (adjudicate) his or her personal rights (in personam jurisdiction)

36
Q

subject-matter jurisdiction

A

the court’s power to resolve a particular type of legal dispute and to grant a particular type of relief

37
Q

limited jurisdiction

A

the power of a court to hear only certain kinds of cases (special jurisdiction)

38
Q

general jurisdiction

A

the power of a court to hear any kind of civil or criminal case, with certain exceptions

39
Q

exclusive jurisdiction

A

the power of a court to hear a particular kind of case, to the exclusion of other courts

40
Q

concurrent jurisdiction

A

the power of more than one type of court to hear a particular kind of case

41
Q

original jurisdiction

A

the power of a court to be the first to hear a case before it is reviewed by another type of court (court of first instance)

42
Q

appellate jurisdiction

A

the power of a court to review and correct the decisions of a lower tribunal

43
Q

review

A

the power of a court to examine the correctness of what a lower tribunal has done

44
Q

ruling

A

the conclusion or outcome of a decision made by a court or administrative agency

45
Q

certiorari

A

(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 its discretion to review that case

46
Q

writ

A

a written court order to do or refrain from doing an act

47
Q

inferior courts

A

1 - a trial court of limited or special jurisdiction

2 - any court that is subordinate to the court of final resort

48
Q

panels

A

1 - a group of judges, usually three, who decide a case on behalf of a court with a larger number of judges
2 - a list of individuals summoned for jury duty
3 - a group of attorneys available in a group legal services plan
4 - members of a commission

49
Q

en banc

A

(“on the bench”) by the entire court

50
Q

court of final resort

A

the highest court within a judicial system

51
Q

US district court

A

the main trial court in the federal judicial system with subject-matter jurisdiction over civil and criminal cases

52
Q

diversity of citizenship

A

the disputing parties are citizens of different states and the amount in controversy exceeds $75,000 (this diversity gives subject-matter jurisdiction to a US district court)

53
Q

US court of appeals

A

the major intermediate appellate court in the federal court system

54
Q

US Supreme Court

A

the court of final resort in the federal court system

55
Q

administrative agency

A

a governmental body, other than a court or legislature, that comes out (i.e. administers or executes) the statutes of the legislature, the executive orders of the chief executive, and its own regulations

56
Q

enabling statue

A

the statute that allows (enables) an administrative agency to carry out specified delegated powers

57
Q

executive department agency

A

an administrative agency that exists within the executive branch of government, often at the cabinet level

58
Q

cause

A

a legally sufficient reason to do something (just cause, good cause)

59
Q

independent regulatory agency

A

an administrative agency that regulates an aspect of society

60
Q

quasi-independent regulatory agency

A

an administrative agency that has characteristics of both an executive department agency and an independent regulatory agency

61
Q

government corporation

A

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-government agency)

62
Q

quasi-legislation

A

an administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes)

63
Q

quasi-adjudication

A

an administrative decision written by an administrative agency that has some characteristics of an opinion written by a court

64
Q

exhaust administrative remedies

A

to go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did (exhaustion of remedies)

65
Q

Administrative Procedure Act (APA)

A

the statute that governs procedures before federal administrative agencies (many states have their own version of the APA for procedures before state administrative agencies)

66
Q

bill

A

a proposed statute

67
Q

bicameral

A

having two chambers in the legislature

68
Q

unicameral

A

having one chamber in the legislature

69
Q

legislative history

A

hearings, debates, amendments, committee reports, and all other events that occur in the legislature before a bill is enacted into a statute (also part of the history are later changes, if any, made by the legislature to the statute)

70
Q

transcript

A

a word-for-word account of what was said (written copy)

71
Q

transcribed

A

taken down in a word-for-word account

72
Q

mark up

A

the process by which a legislative committee puts a bill in its final form

73
Q

committee report

A

a summary of a bill and a statement by the committee of the reasons for and against its enactment by the legislature

74
Q

engrossed bill

A

the version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes

75
Q

conference committee

A

a temporary committee consisting of members of both chambers of the legislature the seeks to reach a compromise on two versions of the same bill each chamber passed

76
Q

enrolled bill

A

a bill that is ready to be sent to the chief executive after both chambers of the legislature have passed it

77
Q

veto

A

a rejection by the chief executive of a bill passed by the legislature

78
Q

override

A

1 - to supersede or change a result

2 - to approve a bill over the veto of the chief executive

79
Q

pocket veto

A

the chief executive’s “silent” rejection of a bill by not acting on it within 10 days of receiving it, if the legislature adjourns during this period

Introduction to Paralegalism (19 decks)

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