Chapter 1

Question 1

developed case-by-case from court decisions.

Answer 1

common law

Question 2

Law written by administrative agencies

Answer 2

administrative regulations

Question 3

Describes the branch of government that interprets the law and that resolves legal disputes.

Answer 3

judicial branch

Question 4

a local or city law, rule, or regulation.

Answer 4

ordinances

Question 5

the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.

Answer 5

preemption doctrine

Question 6

Sources to locate primary and seconday authorities.

Answer 6

finding tools

Question 7

Are designed to explain legal concepts and can be used to understand basic legal terms and general concepts.

Answer 7

secondary sources

Question 8

System of political organizations with several different levels of government (e.g., city, state, and national) coexisting in the same area with the lower levels having some interdependent powers.

Answer 8

federalism

Question 9

Branch of government that carries out the laws (as opposed to the judicial and legislative branches). the administrative branch.

Answer 9

executive branch

Question 10

The first step in the removal from public office of a high public official.

Answer 10

impeachment

Question 11

Principle that a higher court examines a lower court decision.

Answer 11

doctrine of judicial review

Question 12

The right and power of a court to make legally binding decisions in a particular geographical area over particular persons and subject matters.

EXAMPLES:
1) Geographical Jurisdiction: Authority of a court to hear a matter in events or causes of action that occur within the geographical boundaries of the courts
2) Subject matter jurisdiction: The authority of a court to hear cases of a particular type or cases relating to a specific subject matter 3) In Personam Jurisdiction: a court’s power over a person

Answer 12

jurisdiction

Question 13

(Latin) “Let the decision stand.” the rule that when a court has decided a case by applying a legal principle to a set of facts, the court should stick to the principle and apply it to all later cases with clearly similar facts, unless there is a strong reason not to, and that inferior courts must apply the principle in similar cases.

Answer 13

doctrine of stare decisis

Question 14

An organization’s basic starting document.

Answer 14

charters

Question 15

Branch in charge of Lawmaking

Answer 15

legislative branch

Question 16

Refers to specific legal references or authorities; short for “citation.”

Answer 16

Cite

Question 17

subbranch of the government set up to carry out the laws.

Answer 17

administrative agencies

Question 18

Law that is based on one elaborate document or “code,” rather than a combination of many laws and judicial opinions.

Answer 18

civil law

Question 19

rules, regulations, and orders written by administrative agencies.

Answer 19

administrative law

Question 20

Foreclosed, prevailed over, took precedence over.

Answer 20

preempted

Question 21

In deciding a legal problem, the code must be reviewed to find the appropriate code provision, and the provision must be applied to solve the legal problem. In applying the code provisions, judges rely primarily on scholarly articles and books written by professors rather than on prior case law. Cases may also be reviewed, but prior case law is not binding as it is in a common-law system

Answer 21

jurisprudence constante

Question 22

Contain the actual law itself and are given the most weight by courts/ the books and websites that comprise the formal, written statements of law issued by government entities

Answer 22

primary sources

Question 23

Also known as article VI, paragraph 2 of the U.S. Constitution. Establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions

Answer 23

supremacy clause

Question 24

Document that sets out the basic principles and most general laws of a country, state, or organization. United States Constitution the supreme law of the land.

Answer 24

constitution

Question 25

The head of the executive branch of government (the president)

Answer 25

chief executive