Chap. 1

Question 1

stare decisis

Answer 1

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Question 2

administrative law judge (ALJ)

Answer 2

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

Question 3

Bill of Rights

Answer 3

The first ten amendments to the US Constitution

Question 4

commerce clause

Answer 4

the provision in Article 1, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce

Question 5

common law

Answer 5

The body of law developed from custom or judicial decisions in English and US Courts, not attributable to a legislature

Question 6

cyberlaw

Answer 6

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet

Question 7

defendant

Answer 7

One against whom a lawsuit is brought; the accused person in a criminal proceeding

Question 8

due process clause

Answer 8

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law

Question 9

enabling legistation

Answer 9

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies that name, composition, purpose, and powers of the agency being created

Question 10

equal protection clause

Answer 10

The provision in the Fourteenth Amendment that guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws” This clause mandates that the state governments must treat similarly situated individuals in a similar manner

Question 11

establishment clause

Answer 11

The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

Question 12

free exercise clause

Answer 12

The provision in the First Amendment that prohibits the government from interfering with people’s religious practices or forms of worship

Question 13

plaintiff

Answer 13

one who initiated a lawsuit

Question 14

police powers

Answer 14

Powers possessed by the states as part of the inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare

Question 15

precedent

Answer 15

A court decision that furnishes an example or authority for deciding subsequent cases involving indentical or similar facts

Question 16

preemption

Answer 16

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

Question 17

statute of limitations

Answer 17

A federal or state stature settling the maximum time period during which a certain action can be brought or certain rights enforced

Question 18

supremacy clause

Answer 18

The requirements in Article 6 or the US Constitution that provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

Question 19

symbolic speech

Answer 19

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts