Chapter 2 - Structures of American Law - Terminology

Question 1

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

Answer 1

administrative agencies

Question 2

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

Answer 2

administrative law

Question 3

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

Answer 3

adversarial system

Question 4

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

Answer 4

alternative dispute resolution

Question 5

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

Answer 5

appeals of right

Question 6

Judicial tribunals that review decisions from lower tribunals

Answer 6

appellate courts

Question 7

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

Answer 7

appellate jurisdiction

Question 8

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

Answer 8

arbitration

Question 9

The highest legal officer of a state or of the US

Answer 9

Attorney General

Question 10

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

Answer 10

Bureau of Alcohol, Tobacco and Firearms

Question 11

Intentional disobedience of a court order

Answer 11

civil contempt

Question 12

Any court action other than a criminal prosecution

Answer 12

civil suits

Question 13

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

Answer 13

collegial courts

Question 14

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

Answer 14

community-oriented policing

Question 15

Jurisdiction that is shared by different courts of law

Answer 15

concurrent jurisdiction

Question 16

Powers exercise jointly by the state and federal governments.

Answer 16

concurrent powers

Question 17

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

Answer 17

Congress

Question 18

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

Answer 18

contempt/criminal contempt

Question 19

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

Answer 19

Court of Federal Claims

Question 20

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

Answer 20

Court of International Trade

Question 21

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

Answer 21

court of last resort

Question 22

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

Answer 22

Court of Veterans’ Appeals

Question 23

military court

Answer 23

court-martial

Question 24

process by which a person is charged with a criminal offense

Answer 24

criminal prosecutions

Question 25

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

Answer 25

damages

Question 26

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

Answer 26

Department of Justice

Question 27

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

Answer 27

diversity of citizenship jurisdiction

Question 28

Power specific in the text of the federal and state constitutions

Answer 28

enumerated powers

Question 29

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

Answer 29

Federal Bureau of Investigation

Question 30

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

Answer 30

federal magistrate judges

Question 31

The authority of federal courts to decide issues of national law

Answer 31

federal question jurisdiction

Question 32

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

Answer 32

federalism

Question 33

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

Answer 33

forensic evidence

Question 34

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

Answer 34

impeachment

Question 35

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

Answer 35

implied powers

Question 36

Federal agencies located outside the major Cabinet-level departments

Answer 36

independent agencies

Question 37

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

Answer 37

independent counsel

Question 38

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

Answer 38

injunction

Question 39

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

Answer 39

intermediate appellate courts

Question 40

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

Answer 40

judicial accountability

Question 41

Agencies established by state legislatures to investigate complaints of judicial misconduct

Answer 41

judicial disciplinary commissions

Question 42

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

Answer 42

judicial independence

Question 43

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

Answer 43

judicial review

Question 44

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

Answer 44

law clerks

Question 45

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

Answer 45

law enforcement agencies

Question 46

members of a legislature

Answer 46

legislators

Question 47

elected lawmaking body such as US Congress or a state assembly

Answer 47

legislature

Question 48

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

Answer 48

mediation

Question 49

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

Answer 49

Missouri Plan

Question 50

method of settling disputes between parties without a formal trial

Answer 50

negotiations

Question 51

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

Answer 51

opinion

Question 52

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

Answer 52

original jurisdiction

Question 53

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

Answer 53

oversight

Question 54

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

Answer 54

paralegal

Question 55

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)

Answer 55

plea bargaining

Question 56

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

Answer 56

police power

Question 57

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

Answer 57

professional responsibility

Question 58

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

Answer 58

prosecutorial discretion

Question 59

a public official empowered to initiate criminal charges and conduct prosecutions

Answer 59

prosecutor

Question 60

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

Answer 60

regulatory agencies

Question 61

Court orders prohibiting named persons from taking specified actions

Answer 61

restraining orders

Question 62

rules that govern the introduction of evidence in courts

Answer 62

rules of practice

Question 63

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

Answer 63

rules of procedure

Question 64

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

Answer 64

Secret Service

Question 65

laws enacted at a given session of legislature

Answer 65

session laws

Question 66

the chief law enforcement agent of the county

Answer 66

sheriff

Question 67

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

Answer 67

state supreme court

Question 68

state prosecutors

Answer 68

state's attorneys

Question 69

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

Answer 69

Tax Court

Question 70

claims asserted for alleged torts

Answer 70

tort claims

Question 71

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

Answer 71

trial

Question 72

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

Answer 72

trial courts

Question 73

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

Answer 73

trustee

Question 74

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

Answer 74

unified bar

Question 75

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

Answer 75

Uniform Code of Military Justice (UCMJ)

Question 76

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

Answer 76

United States Attorneys

Question 77

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

Answer 77

United States Court of Appeals for the Armed Forces

Question 78

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

Answer 78

United States Courts of Appeals

Question 79

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

Answer 79

United States District Courts

Question 80

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

Answer 80

United States Supreme Court

Question 81

Official code of the laws of the US

Answer 81

US Code

Question 82

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

Answer 82

veto

Question 83

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

Answer 83

writ of certiorari

Question 84

"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

Answer 84

writ of habeas corpus

Question 85

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

Answer 85

writ of mandamus

Question 86

a provision of law forbidding a particular form of conduct

Answer 86

writ of prohibition