Chapters 11 & 12 - Terminology Flashcards
procedures leading to adjudication in administrative or judicial proceedings
adjudicatory procedures
departments of federal, state and local governments exercising regulatory authority over designated areas of services or control
administrative agencies
the body of law deadling with the structure, authority, policies and procedures of administrative and regulatory agencies
administrative law
officers appointed to hear and determine controversies before administrative agencies of governments
administrative law judges
court orders authorizing searches to determines if there are violations of regulatory laws and ordinances
administrative search warrants
searches of premises by a government official to determine compliance with health and safety regulations
administrative searches
a program under which woman and/or persons of particular minority groups are granted special consideration in employment, government contracts and/or admission to programs of higher education
affirmative action
giving unqeual considerations to persons because of their age. Espcially applicable to employment situations
age discrimination
the body of law defining antutrust violations and providing remedies for such violations
antitrust law
an order issued by an administrative agency requireing a person to stop certain designated activities
cease and desist orders
statutes protecting persons against various forms of unlawful discrimination
civil rights legislation
the system under which government employees are selected and retained based on merit rather than political patronage
civil service
negotiations between represenatitives (usually union leaders) on behalf of employees and representatives on behalf of an employer. Usually focuses on wages and working conditions.
collective bargaining
a modern approach to American federalism in which powers and functions are shared among national, state and local authorities.
cooperative federalism
systematic assessment of the costs and benefits that will result from a given transaction
cost-benefit analysis
transfer of legal right to act
delegations of power
the legal process by which an alien is expelled from a host country
deportation
to reveal or make known certain facts
disclosure of information
treatment of persons unequally based on their ace, religion, sex or national origin
discrimination
treatment of persons unequally based on their disabilities
discrimination against persons with disabilities
a facially neutral law or policy that has a differential impact on members of different races or genders.
disparate impact
procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty or property.
due process of law
denying employment or treating employees unequally based on their disabilities, race, religion, sex or national origin.
employment discrimination
as applied to public law, a statutes authorizing the creation of a government program or agency and defining the functions and powers thereof
enabling legislation
an animal species that has been officially designated as endangered by the Secretary of Interior under the Endangered Species Act
endangered species
a document required by law ountlining the effecs that a proposed land development will likely have on the surrounding environment
environmental impact statement
the body of law protecting the natural environment from pollution and despoliation
environmental law
constitutional requirement that the government not engage in prohibited forms of discimination agaisnt persons under its jurisdiction
equal protection of the law
the requirement that a party seeking review by a court first exhaust all legal option for resolution of the issue by nonjudicial authorities or lower courts
exhaustion of remedies
sacrifice of ownership or some right (usually property) as a penalty
forfeiture
official determination (usuaylly an administrative tribunal)
formal adjudication
court action requiring a party (garnishee) who is indebted to a person to withhold payment and pay a sum over to a creditor (garnishor) who instituted garnishment proceedings
garnishment
summary term referring to the idea that persons should be permitted to engage in private homosexual conduct and be free from discrimination based on sexual orientation
gay rights
treating a person in an unequal manner based on the person’s sex
gender discrimination
idea that women should receive equal benefits conferred by government
gender equity
the intentional manipulation of legislative districts for political purposes
gerrymandering
government regulations affecting the shipment, storage, and disposal of toxic and radioactive waste products
hazardous waste regulations
treatment of applicants for housing or tenants on terms unequally applied based on race, religion, sex or national origin
housing discrimination
revealming a person’s private invormation without that person’s consent and when not required by law
improper disclosure of personal inforamtion
a form of administrative adjudication that oberseves only mininal procedural requirements
informal adjudication
process by which courst of law reqview actions or decisions of administrative and regulatory agencies
judicial review of agency actions
the geographical area within which, the subject matter with respct to which , and the persons over whom a court can propertly exercise its power
jurisdiction
a statutory provision under which a legislative body is permitted to overrule a decision of an executive agency
legilslative veto
- imposition of a tax or assessment by a government agency 2. procedure whereby a court official takes possession of a property and casuses it to be sold to satisfy a judgment lien
levy
commission of an illegal act done under color of office. Most serious; can result in removal from office.
malfeasance
medical services generally furnished through a health maintenace organization (HMO)
managed care
Federal program that provides grants to states to furnish medical care to indigent persons
Medicaid
Federal health insurance program primarily for senior citizens
Medicare
performance of a legal act in an illegal manner (mid-serious, can result in )mid-serious, can result in suspension)
misfeasance
area of public policy affecting the supply of money in the economy
monetary policy
neglect of duty (done all the time, little punishment)
nonfeasance
notification to interested parties of an agency’s intention to promulgate a rule
notice of proposed rulemaking
meetings open to the general public
open meetings
businesses that open their doors to the general public
places of public accomodation
the power of government to legislate to protect public health, safety, welfare and morality
police power
requirement under the Voting Rights Act that changes in state voting and elections law must be approved by the Attorney General before they can take effect
preclearance
public boards of administrative officers who make factual determinations as a basis for their rulings
quasi-judicial bodies
civil suit brought by a private party on behalf of the government against a party that has allegedly defrauded the government
qui tam action
requirement under the Americans with Disabilities Act that employers take reasonable steps to accommodate employees with disabilities
reasonable accommodation
agencies empowered by statutes to promulgate and enforce regulations within particular substantive areas
regulatory agencies
agreements amond property holders restricting the use of property or prohibiting the rental or sale of it to certain parties
restrictive covenants
state statutes that provide a person cannot be required to join a union in order to obtain or hold a job
right to work laws
formmal process by which regulatoy agencies make rules that carry the force of law
rulemaking
authority of federal and state regulatory agencies to promulgate rules of general applicability over matters within the agency’s jurisdiction
rulemaking authority
constitutional assignment of legislative, executive and judicial powers to different branches of government
separation of powers
offensive interaction of a sexual nature in the workplace
sexual harassment
a federal government program instituted by Conress in 1935 where employers withhold a portion of their employees’ wages, match these amounts, and transfer these sums to the government. From these funds, the government pays benefits to disabled persons, retirees, surviving spouses and dependents.
social security
laws enacted by federal and state governments to assist socially and economically disadvantaged people
social welfare legislation
a political term based on the old adage that “to the victor go the spoils.” In practice, the award of contracts and jobs to supporters of a winning candidate
spoils system
the right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury
standing
because the jurisdiction of the lower federal courts is dependent on federal legislation, legislative act enacted by Congress to preclude judicial review altogether or under certain circumstances
statutory preclusion of judicial review
evdience that easonable minds accept as sufficient to support a rational conclusion
substantial evidence
federal and state laws requiring certain governmentmeetings to be conducted in public
sunshine laws
a federal progam administered by state agencies and funded through taes on employers that provides termpoeary payments to unemployed workers
unemployment compensation
reasonable searches of premises by government officials to determine compliance with health and safety regulations
warrantless administrative searches OR warrantless inspections
government-sponsored programs such as those that furnish financial assistance for dependent children, medical assistance for the poor and unemployment compensation for persons out of work
welfare programs
congressional action revising the criteria for entitlements in welfare programs
welfare reform
