Chap. 1 Flashcards
stare decisis
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
administrative law judge (ALJ)
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
Bill of Rights
The first ten amendments to the US Constitution
commerce clause
the provision in Article 1, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce
common law
The body of law developed from custom or judicial decisions in English and US Courts, not attributable to a legislature
cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
defendant
One against whom a lawsuit is brought; the accused person in a criminal proceeding
due process clause
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
enabling legistation
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
equal protection clause
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
establishment clause
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
free exercise clause
The provision in the First Amendment that prohibits the government from interfering with people’s religious practices or forms of worship
plaintiff
one who initiated a lawsuit
police powers
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
precedent
A court decision that furnishes an example or authority for deciding subsequent cases involving indentical or similar facts
preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
statute of limitations
A federal or state stature settling the maximum time period during which a certain action can be brought or certain rights enforced
supremacy clause
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
symbolic speech
Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts
