Chapter 1 Flashcards
Study vocabulary.
Adjudicate
To render a judicial decision. Adjudication is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency’s regulations.
Administrative Law
The body of law created by administrative agencies in order to carry out their duties and responsibilities.
Administrative Process
The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
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. Case law interprets statutes, regulations, and constitutional provisions, and governs all areas not covered by statutory or administrative law.
Case on Point
A previous case involving factual circumstances and issues that are similar to those in the 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
A system of law derived from Roman law that is based on codified laws (rather than on case precedents).
Civil Law System
A system of law derived from Roman law that is based on codified laws (rather than on case precedents).
Common Law
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Concurring Opinion
A court opinion by 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
The body of law derived from the U.S. Constitution and the constitutions of the various states.
Criminal Law
The branch of law that defines and punishes wrongful actions committed against the public.
Cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
Dissenting Opinion
A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision.
Enabling Legislation
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
Equitable Maxims
General propositions or principles of law that have to do with fairness (equity).
Historical School of Thought
A school of legal thought that looks to the past to determine what the principles of contemporary law should be.
Interpretive Rules
Nonbinding rules or policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes it enforces.
Jurisprudence
The science or philosophy of law.
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 account.
Legal Positivism
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
Legal Reasoning
The process of reasoning by which judges harmonize their opinions with the judicial opinions in previous cases.
Legislative Rules
Administrative agency rules that carry the same weight as congressionally enacted statutes.
