Chapter 6 Intro to Legal System Flashcards
The division of powers between the federal government and the state governments
Federalism
The branch of government with primary responsibility for carrying out, executing or administering the laws.
Executive Branch
The branch of government with primary responsibility for making or enacting the law.
Legislative Branch
The Branch of government with primary responsibility for interpreting laws by resolving disputes that arise under them.
Judicial Branch
Principles inherit in customs and societal values that are embodied in a law.
Public Policy
A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute.
Opinion
A law passed by the state or federal legislature that declares, commands or prohibits something.
Statute
The fundamental law that creates the branches of government, allocates power among them, and defines some basic rights of individuals.
Constitution
A law written by an administrative agency designed to explain or carry out the statutes, executive orders or other regulations that govern the agency
Administrative regulation
An administrative agencys resolution of a controversy involving the application of the regulations, statutes or executive orders that govern the agency.
Administrative decision
The fundamental law of a municipality or other local unit of government authorizing it to perform designated governmental functions.
Charter
A law passed by the local legislative branch of government that declares, commands or prohibits something..
Ordinance
The procedural laws that govern the mechanics of litigation before a particular court.
Rules of Court
A law issued by the chief executive pursuant to specific statutory authority or to the executives inherit authority to direct the operations of governmental agencies.
Executive Order
A formal agreement between two or more nations
Treaty
Formal legal advice given by the chief law officer of the government to another government official or agency.
Opinion of the Attorney General
An allocation of governmental powers whereby one branch of government can block, check or review what another branch wants to do (or has done) in order to maintain a balance of power among the legislative, executive and judicial branches.
Checks and Balances
The power of a court to determine the constitutionality of a statute or other law, including the power to refuse to enforce it if the court concludes that it violates the constitution.
Judicial Review
(1) Court opinions of all case law (2) the legal system in England and of those countries such as the US whose legal system is based on Englands
(3) The case law and statutory law in England and the American colonies before the American Revolution. (4) Judge made law in the absence of controlling statutory law or other higher law.
Common Law
The legal systems of many Western European countries (other than England) that places a greater emphasis on statutory or code law than do countries (such as England and the US) whose common law system places a greater emphasis on case law.
Civil Law System
All the case law and statutory law in England and in the American Colonies before the revolution.
at common law
the chief executives “silent”rejection of a bill by not acting on it within ten days of receiving it if the legislature adjourns during this period.
pocket veto
To supersede or change a result. To approve a bill over the veto of the cheif executive.
Override
A rejection by the chief executive of a bill passed by legislature.
Veto
a word by word account. A written copy of oral testimony.
Transcript
A proposed statute. Legislation under consideration by a legislature.
Bill
A government owned entity that is a mixture of a business corporation and a government agency created to serve a predominanetly business function in the public interest.
Government corporation.
The court of final resort in the federal judicial system.
US Supreme Court
The main intermediate appellate court in the federal judicial system.
US Court of Appeals
The highest court within a judicial system
Court of Final Resort
an order (or writ) by a higher court that a lower court send up the record of a case because the higher court has decided to use its discretion to review that case.
Writ of certiorari
a prior decision covering a similar issue that can be used as a standard or guide in a later case.
precedent
“stand by things decided” courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. In resolving an issue before it, a court should be reluctant to reject precedent, a prior opinion covering a similar issue.
Stare Decisis
A legally acceptable reason for suing. Facts that give a party the right to judicial relief.
cause of action
a partial repealing or abolishing of a law, as by a subsequent act that limits its scope or force.
derogation
A bargained for promise, act or forbearance. Something of value exchanged between the parties.
consideration
a temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed
conference committee
A bill that is ready to be sent to the chief executive after both chambers of the legislature have passed it.
enrolled bill
involving conflict or adversaries
adversarial
a method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker.
adversary system
A method of resolving a legal dispute in some civil law countries in which the judge has a more active role in questioning the witness and in conducting the trial than in an adversary system.
inquisitorial system
justice administered according to fairness in a particular case, as contrasted with strictly formalized rules once followed by common law courts
Equity
An equitable remedy that orders the performance of a contract according to the precise terms agreed upon by the parties
Specific performance
an equitable remedy that orders a person or organization to do or to refrain from doing something.
injunction
A court created within the constitution (at the Federal level they are called Article III courts because they are created within article III of the constitution).
Constitutional Court
A court created by the legislature (at the federal level they are called article I courts because Article I of the Constitution gives Congress the authority to create special courts.)
Legislative Court
- The power or a court to decide a mater in controversy. 2.The geographic area over which a particular court system or other government unit has authority. 3. The scope of power or authority that a person or entity can exercise.
Jurisdiction
To hear and resolve a legal matter judicially, To judge.
adjudicate
A couts power over a person to adjudicate his or her personal rights.
personal jurisdiction
The courts power over a particular thing or status “res” located within the territory over which the court has authority.
In rem jurisdiction
a courts power over a person, but restricted to his or her specific interest in property within the territory over which the court has authority.
quasi-in-rem jurisdiction
the courts power to resolve a particular kind or category of dispute.
subject matter jurisdiction
the courts power to hear only certain kinds of cases.
limited jurisdiction
the power of a court to hear any kind of civil or criminal case, with certain exceptions.
General jurisdiction
Issues that arise from or are based on the state constitution, state statutes, state administrative regulations, state common law or other state laws.
State questions
Issues that arise from or are based on the federal constitution, federal statutes, federal administrative regulations or other federal laws.
Federal questions
the power of a court to hear a particular kind of case, to the exclusion of other courts.
exclusive jurisdiction
The power of a court to hear a particular kind of case, along with other courts that could also hear it.
concurrent jurisdiction
the power of a court to be the first to hear a case before its reviewed by another court.
original jurisdiction
the power of an appellate court to review and correct the decisions of a lower tribunal.
appellate jurisdiction
to power of a court to examine the correctness of what a lower tribunal has done.
review
A trial court of limited or special jurisdiction (a broader meaning of inferior court is any court that is subordinate to the court of final resort)
Inferior court
The main trial court in the federal judicial system.
US District court
by the entire court
en banc
A group of judges, usually three, who decide a case in a court with a larger number of judges.
panel
A document submitted (filed) by a party to an appellate court (and served on the opposing party)in which arguments are presented on why the appellate court should affirm (approve) reverse, or otherwise modify what a lower court has done.
appellate brief
The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. This diversity gives jurisdiction to a US District Court.
Diversity of Citizenship
an administrative agency that has characteristics of an executive department agency and an independent regulatory agency.
Quasi-Independent regulatory agency
having two houses or chambers in the legislature
bicameral
A governmental body other than a court or legislature that carries out (administers or executes) the statutes of the legislature, the executive orders of the chief executive and its own regulations.
administrative agency
an administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature.
quasi legislation
The version of a bill passed by one of tge chambers of the legislature after incorporating amendments or other changes.
Engrossed Bill
An administrative agency that regulates an aspect of society. It often exists outside the executive branch of government.
Independent regulatory agency
The statute that governs procedures before federal administrative agencies. Many states have their own APA for procedures before state administrative agencies.
Administrative Procedure Act (APA)
An administrative agency that exists within the executive branch of government, often at the cabinet level.
executive department agency
a legally sufficient reason to do something. Sometimes referred to as just cause or good cause.
cause
an administrative decision written by an administrative agency that has some characteristics of an opinion written by a court.
quasi adjudication
a government officer who presides over a hearing at an administrative agency.
administrative law judge
to go through all dispute solving avenues that are available in an administrative agency before asking a court to review what the agency did.
exhaust administrative remedies
hearings, debates, amendments, committee reports and all other events that occur in the legislature before a bill is enacted into a statute.
legislative history
- A continuous sitting of a legislature or court
2. any time in the day during which such a body sits.
session
the electorates power to propose and directly enact a statute or change in the constitution or to force the legislature to vote on the proposal.
Initiative
the electorates power to give final approval to an existing provision of the constitution or statute of the legislature.
referendum
