Chapters 11 & 12 - Terminology Flashcards by Meg Hanner

procedures leading to adjudication in administrative or judicial proceedings

adjudicatory procedures

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

administrative agencies

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

administrative law

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officers appointed to hear and determine controversies before administrative agencies of governments

administrative law judges

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court orders authorizing searches to determines if there are violations of regulatory laws and ordinances

administrative search warrants

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searches of premises by a government official to determine compliance with health and safety regulations

administrative searches

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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

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giving unqeual considerations to persons because of their age. Espcially applicable to employment situations

age discrimination

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the body of law defining antutrust violations and providing remedies for such violations

antitrust law

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an order issued by an administrative agency requireing a person to stop certain designated activities

cease and desist orders

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statutes protecting persons against various forms of unlawful discrimination

civil rights legislation

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the system under which government employees are selected and retained based on merit rather than political patronage

civil service

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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

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a modern approach to American federalism in which powers and functions are shared among national, state and local authorities.

cooperative federalism

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systematic assessment of the costs and benefits that will result from a given transaction

cost-benefit analysis

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transfer of legal right to act

delegations of power

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the legal process by which an alien is expelled from a host country

deportation

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to reveal or make known certain facts

disclosure of information

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treatment of persons unequally based on their ace, religion, sex or national origin

discrimination

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treatment of persons unequally based on their disabilities

discrimination against persons with disabilities

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a facially neutral law or policy that has a differential impact on members of different races or genders.

disparate impact

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procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty or property.

due process of law

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denying employment or treating employees unequally based on their disabilities, race, religion, sex or national origin.

employment discrimination

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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

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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

1. 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