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LAS101 - Intro to Law > Chapter 2 - Structures of American Law - Terminology > Flashcards

Chapter 2 - Structures of American Law - Terminology Flashcards

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1
Q

Departments of federal, state and local governments exercising regulatory authority over designated areas of services or control

A

administrative agencies

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2
Q

The body of law dealing with the structure, authority, policies and procedures of administrative and regulatory agencies

A

administrative law

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3
Q

A system of justice involving conflicting parties where the role of the judge is to remain neutral

A

adversarial system

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4
Q

A method of resolving disputes without judicial adjudication. The usual means are arbitration and mediation.

A

alternative dispute resolution

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5
Q

Appeals brought to higher courts as a matter of right under federal or state law

A

appeals of right

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6
Q

Judicial tribunals that review decisions from lower tribunals

A

appellate courts

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7
Q

The legal authority of a court of law to hear an appeal from or otherwise review a decision by a lower court

A

appellate jurisdiction

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8
Q

Procedure whereby controversies are resolved by a referee or a panel of referees who make a decision on the merits of a controversy after presentations by the disputants

A

arbitration

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9
Q

The highest legal officer of a state or of the US

A

Attorney General

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10
Q

Federal agency located within the Department of the Treasury empowered to enforce federal statutes dealing with intoxicating beverages, tobacco products, guns and explosives

A

Bureau of Alcohol, Tobacco and Firearms

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11
Q

Intentional disobedience of a court order

A

civil contempt

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12
Q

Any court action other than a criminal prosecution

A

civil suits

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13
Q

A judicial tribunal consisting of more than one judge, for example, federal and state appellate courts

A

collegial courts

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14
Q

Style of policing in which officers attempt to form constructive and respectful relationships with the communities they serve

A

community-oriented policing

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15
Q

Jurisdiction that is shared by different courts of law

A

concurrent jurisdiction

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16
Q

Powers exercise jointly by the state and federal governments.

A

concurrent powers

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17
Q

the national legislature of the US established by Article I of the Constitution

A

Congress

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18
Q

An action that embarrasses, hinders, obstructs or is calculated to lessen the dignity of a court of law

A

contempt/criminal contempt

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19
Q

Specialized federal trial court established to adjudicate tort claims brought against agencies of the US government

A

Court of Federal Claims

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20
Q

A federal court that hears cases involving the federal government and importers of goods

A

Court of International Trade

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21
Q

the highest court in a judicial system, the last resort for deciding appeals

A

court of last resort

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22
Q

a federal court that hears appeals from denials of veterans’ benefits

A

Court of Veterans’ Appeals

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23
Q

military court

A

court-martial

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24
Q

process by which a person is charged with a criminal offense

A

criminal prosecutions

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25
Q

Monetary compensation awarded by a court to a person who has suffered injuries or losses to person or property as a result of someone else’s conduct

A

damages

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26
Q

The department of the federal government that is headed by the Attorney General and staffed by the United States Attorneys

A

Department of Justice

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27
Q

the authority of federal courts to hear lawsuits in which the parties are citizens of different states and the amount in controversy exceeds $75,000

A

diversity of citizenship jurisdiction

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28
Q

Power specific in the text of the federal and state constitutions

A

enumerated powers

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29
Q

The primary federal agency charged with investigating violations of the federal crime laws

A

Federal Bureau of Investigation

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30
Q

Judges appointed to preside over pretrial proceedings, try misdemeanor cases and with consent of parties handle civil trials in federal courts

A

federal magistrate judges

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31
Q

The authority of federal courts to decide issues of national law

A

federal question jurisdiction

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32
Q

Constitutional distribution of government power and responsibility between the national government and states

A

federalism

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33
Q

Evidence usually in the form of testimony offered by a forensic expert (application of scientific knowledge to legal principles)

A

forensic evidence

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34
Q
  1. Impugning the credibility of a witness by introducing contradictory evidence or proving his or her bad character 2. A legislative act that brings a charge against a public official that, if proven, will result in his or her removal from office
A

impeachment

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35
Q

Powers not specifically enumerated but implied by the constitutions, statutes, contracts, etc.

A

implied powers

36
Q

Federal agencies located outside the major Cabinet-level departments

A

independent agencies

37
Q

A special prosecutor appointed to investigate and, if warranted, prosecute official misconduct

A

independent counsel

38
Q

A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury

A

injunction

39
Q

Appellate courts positioned below the supreme or highest appellate court. Their primary function is to decide routine appeals not deserving review by the SC.

A

intermediate appellate courts

40
Q

The idea that judges should answer the the public for their decisions, primarily through the ballot box

A

judicial accountability

41
Q

Agencies established by state legislatures to investigate complaints of judicial misconduct

A

judicial disciplinary commissions

42
Q

the idea that judges should be free from public pressure in making decision based on the rule of law

A

judicial independence

43
Q

Generally, review of any issue by a court of law. In constitutional law, refers to authority of a court to invalidate acts of government on constitutional grounds

A

judicial review

44
Q

Staff attorneys who read petitions for certiorari and prepare summary memoranda for the Chief Justice

A

law clerks

45
Q

government agencies empowered to arrest and detail persons who violate the criminal law

A

law enforcement agencies

46
Q

members of a legislature

A

legislators

47
Q

elected lawmaking body such as US Congress or a state assembly

A

legislature

48
Q

Any informal, non-adversarial process whereby a neutral third person facilitates resolution of a dispute between parties by exploring issues and settlement alternatives

A

mediation

49
Q

Plan for merit-based selection and retention of state judges; originated in Missouri in 1940

A

Missouri Plan

50
Q

method of settling disputes between parties without a formal trial

A

negotiations

51
Q

written statement accompanying a judicial decision, authored by one or more judges, supporting or dissenting from that decision

A

opinion

52
Q

authority of a court of law to hear a case in the first instance

A

original jurisdiction

53
Q

refers to the governmental responsibility of a legislative body to monitor the activities of government agencies it created

A

oversight

54
Q

a legal assistant trained to perform certain legal functions under supervision of a lawyer

A

paralegal

55
Q

negotiations leading to an agreement between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession (such as a reduction in the number of charges brought)

A

plea bargaining

56
Q

power of government to legislate to protect public health, safety, welfare and morality

A

police power

57
Q

requirement that members of the legal profession adhere to a code of professional ethics

A

professional responsibility

58
Q

leeway afforded to prosecutors in determining whether or not to bring charges and to engage in a plea bargain

A

prosecutorial discretion

59
Q

a public official empowered to initiate criminal charges and conduct prosecutions

A

prosecutor

60
Q

agencies empowered by statutes to promulgate and enforce regulations within particular substantive areas

A

regulatory agencies

61
Q

Court orders prohibiting named persons from taking specified actions

A

restraining orders

62
Q

rules that govern the introduction of evidence in courts

A

rules of practice

63
Q

rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings

A

rules of procedure

64
Q

a federal law enforcement function located within the Treasury Department that protects the President and the Pres’s family and enforces federal laws against forgery of government checks and bonds and investigates credit card and computer fraud

A

Secret Service

65
Q

laws enacted at a given session of legislature

A

session laws

66
Q

the chief law enforcement agent of the county

A

sheriff

67
Q

Usually, the highest state court (NY is an exception)

A

state supreme court

68
Q

state prosecutors

A

state’s attorneys

69
Q

A federal court established by Congress in 1924to resolve disputes between taxpayers and the IRS

A

Tax Court

70
Q

claims asserted for alleged torts

A

tort claims

71
Q

a judicial proceeding held for the purpose of making factual and legal determinations

A

trial

72
Q

courts whose primary function is the conduct of civil and/or criminal trials

A

trial courts

73
Q

one who holds legal title to assets transferred by a grantor or settlor to be held and administered for the benefirt of a third-party beneficiary

A

trustee

74
Q

a statewide bar association that regulates the legal profession, usually under the oversight of the state’s highest court, and that requires lawyers to be dues-paying members of the association

A

unified bar

75
Q

A federal statute enacted by Congress in 1950 that consolidated and modified prior laws regulating the conduct of military personnel; established a revised code of military justice to apply uniformly in all the military services; and established a civilian court of appeals. The Act authorizes the President to promulgate a Manual for Courts-Martial binding on all persons subject to the UCMJ

A

Uniform Code of Military Justice (UCMJ)

76
Q

Attorneys appointed by the Pres with consent of the Senate to prosecute federal crimes in a specific geographical area of the US

A

United States Attorneys

77
Q

A civilian court established by Congress consisting of five civilian judges appointed by the Pres for 15-year terms. Serves as a court of review for specified cases and may grant petitions for review beyond the normal channels of military review in courts-martial cases

A

United States Court of Appeals for the Armed Forces

78
Q

The intermediate appellate courts of appeals in the federal system that sit in geographical areas of the US and in which panels of appellate judges hear appeals in civil and criminal cases primarily from the US District Courts

A

United States Courts of Appeals

79
Q

The principal trial courts in the federal system that sit in 94 districts where usually one judge hears proceedings and trials in civil and criminal cases

A

United States District Courts

80
Q

The highest court in the US, consisting of 9 justices and having jurisdiction to review, by appeal or writ of certiorari, the decisions of the lower federal courts and many decisions of the highest courts of each state

A

United States Supreme Court

81
Q

Official code of the laws of the US

A

US Code

82
Q

power of the chief executive to block adoption of a law by refusing to sign the legislation

A

veto

83
Q

order from a higher court directing a lower court to send up the record of a case for appellate review

A

writ of certiorari

84
Q

“You have the body.” A judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally

A

writ of habeas corpus

85
Q

“We command.” A judicial order or writ commanding a public official or an organization to perform a specified non-discretionary duty,

A

writ of mandamus

86
Q

a provision of law forbidding a particular form of conduct

A

writ of prohibition

LAS101 - Intro to Law (34 decks)

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