Chapter 1 Flashcards
Adjudicate
To render a judicial decision. Trial-like proceeding where a judge hears and resolves disputes involving an administrative agency’s regulations
Administrative agency
A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment
Administrative law
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Administrative law judge (alj)
One who presides over an administrative agency hearing; has to power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
Administrative process
Process used by administrative agencies: rulemaking, enforcement, and adjudication
Allege
To state, recite, assert, or charge
Binding authority
Any source of law that a court must follow when deciding a case
Case law
The rules of law announced in court decisions; interprets statutes, regulations, and constitutional provisions
Case on point
A previous case involving factual circumstances and issues that are similar to those in tbe case before the court
Citation
A reference to a publication in which a legal authority (such as a statute or a court decision) or other source can be found
Civil law
Deals with the definition and enforcement of all private or public rights, as opposed to criminal matters
Civil law system
Is based on codified laws (rather than on case precedents)
Common law
Developed from customs or judicial decisions in English and US courts, not attributable to a legislature
Concurring opinion
One or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion
Constitutional law
Body of law derived from the US Constitution and the constitutions of the various states
Criminal law
Defines and punishes wrongful actions committed against the public
Cyber law
All laws governing electronic communications and transactions
Defendant
Who the lawsuit is brought against/ the accused person in a criminal proceeding
Dissenting opinion
Presents the views of one or more judges or justices who disagree with the majority’s decision
Enabling administration
Statute that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created
Equitable maxims
General propositions or priniciples of law that have to do with fairness (equity)
Historical school
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
International law
Governs relations among nations
Interpretive rules
Nonbinding rules ormpolicy statements issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces
Jurisprudence
The science or philosophy of law
Law
A body of enforcable rules governing relationships among individuals and between individuals and their society
Legal positivism
A school of legal thought centered on the assumption that there is no law higher than the laws created by the national government
Legal realism
A school of legal thought that holds that the law is only one factor to be considered when deciding cases, and that social and economic circumstances should also be taken into consideration
Legal reasoning
A judge harmonizes his or her opinion with the judicial decisions in previous cases
Legislative rules
An administrative agency rule that carries the same weight as a congressionally enacted statute
Liability
State of being legally responsible (liable) for something, such as a debt or obligation
Majority opinion
Court opinion that represents the views of the majority of judges or justices
National law
Pertains to a particular nation
Natural law
Oldest school of legal thought: the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature
Ordinance
Regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law
Per curiam opinion
Court opinion that doesn’t indicate which judge or justice authored the opinion
Persuasive authority
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision
Plaintiff
One who initiates a lawsuit
Plurality opinion
Court opinion that is joined by the largest number of judges hearing the case, but is less than half of the total number
Precedent
Court decision that furnishes an example or authority for deciding future cases involving identical or similar facts
Primary source of law
Establishes the law on a particular issue such as a constitution, statute, administrative rule, or court decision
Procedural law
Establishes the methods of enforcing the rights established by substantive law
Remedy
Relief given to an innocent party to enforce a right or compensate for the violation of a right
Rulemaking
Process by which an administrative agency formally adopts a new regulation or amends or removes an old one
Secondary source of law
Publication that summarizes or inteprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review
Stare decisis
Common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Statutory law
Body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
Substantive law
Defines, describes, regulates, and creates legal rights and obligations
Uniform laws
Model laws developed by the National Conference of Commissioners in Uniform State; Laws for the states to consider enacting into statute
