Chapter 1 Flashcards
Worked on by: Alessandra Mozo, Deborah Rubia-Perez, Ruth Umanzor
developed case-by-case from court decisions.
common law
Law written by administrative agencies
administrative regulations
Describes the branch of government that interprets the law and that resolves legal disputes.
judicial branch
a local or city law, rule, or regulation.
ordinances
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.
preemption doctrine
Sources to locate primary and seconday authorities.
finding tools
Are designed to explain legal concepts and can be used to understand basic legal terms and general concepts.
secondary sources
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.
federalism
Branch of government that carries out the laws (as opposed to the judicial and legislative branches). the administrative branch.
executive branch
The first step in the removal from public office of a high public official.
impeachment
Principle that a higher court examines a lower court decision.
doctrine of judicial review
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
jurisdiction
(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.
doctrine of stare decisis
An organization’s basic starting document.
charters
Branch in charge of Lawmaking
legislative branch
Refers to specific legal references or authorities; short for “citation.”
Cite
subbranch of the government set up to carry out the laws.
administrative agencies
Law that is based on one elaborate document or “code,” rather than a combination of many laws and judicial opinions.
civil law
rules, regulations, and orders written by administrative agencies.
administrative law
Foreclosed, prevailed over, took precedence over.
preempted
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
jurisprudence constante
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
primary sources
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
supremacy clause
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.
constitution
The head of the executive branch of government (the president)
chief executive
