Chapter 1

Question 1

Adjudicate

Answer 1

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.

Question 2

Administrative Law

Answer 2

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

Question 3

Administrative Process

Answer 3

The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.

Question 4

Binding Authority

Answer 4

Any source of law that a court must follow when deciding a case.

Question 5

Case Law

Answer 5

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.

Question 6

Case on Point

Answer 6

A previous case involving factual circumstances and issues that are similar to those in the case before the court.

Question 7

Citation

Answer 7

A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found.

Question 8

Civil Law

Answer 8

A system of law derived from Roman law that is based on codified laws (rather than on case precedents).

Question 9

Civil Law System

Answer 9

A system of law derived from Roman law that is based on codified laws (rather than on case precedents).

Question 10

Common Law

Answer 10

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

Question 11

Concurring Opinion

Answer 11

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.

Question 12

Constitutional Law

Answer 12

The body of law derived from the U.S. Constitution and the constitutions of the various states.

Question 13

Criminal Law

Answer 13

The branch of law that defines and punishes wrongful actions committed against the public.

Question 14

Cyberlaw

Answer 14

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

Question 15

Dissenting Opinion

Answer 15

A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision.

Question 16

Enabling Legislation

Answer 16

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.

Question 17

Equitable Maxims

Answer 17

General propositions or principles of law that have to do with fairness (equity).

Question 18

Historical School of Thought

Answer 18

A school of legal thought that looks to the past to determine what the principles of contemporary law should be.

Question 19

Interpretive Rules

Answer 19

Nonbinding rules or policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes it enforces.

Question 20

Jurisprudence

Answer 20

The science or philosophy of law.

Question 21

Legal Realism

Answer 21

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.

Question 21

Legal Positivism

Answer 21

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.

Question 22

Legal Reasoning

Answer 22

The process of reasoning by which judges harmonize their opinions with the judicial opinions in previous cases.

Question 23

Legislative Rules

Answer 23

Administrative agency rules that carry the same weight as congressionally enacted statutes.

Question 24

Majority Opinion

Answer 24

A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.

Question 25

National Law

Answer 25

Law that pertains to a particular nation (as opposed to international law).

Question 26

Natural Law

Answer 26

The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.

Question 26

Per Curiam Opinion

Answer 26

A court opinion that does not indicate which judge or justice authored the opinion.

Question 27

Ordinance

Answer 27

A regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law.

Question 28

Persuasive Authority

Answer 28

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Question 29

Plurality Opinion

Answer 29

A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number.

Question 30

Precedent

Answer 30

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

Question 30

Procedural Law

Answer 30

Law that establishes the methods of enforcing the rights established by substantive law.

Question 31

Primary Source of Law

Answer 31

A source that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.

Question 32

Remedy

Answer 32

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Question 33

Secondary Source of Law

Answer 33

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.

Question 33

Stare Decsis

Answer 33

A body of enforceable rules governing relationships among individuals and between individuals and their society.

Question 33

Rulemaking

Answer 33

The process by which an administrative agency formally adopts a new regulation or amends an old one.

Question 33

Statutory Law

Answer 33

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Question 33

Substantive Law

Answer 33

Law that defines, describes, regulates, and creates legal rights and obligations.

Question 34

Uniform Law

Answer 34

Model laws developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute.