Definitions Flashcards
If a president takes no action w/in 10 days of receiving a bill, it becomes a law. Only exception: if Congress adjourns before the 10 day period elapses. What is this called?
Pocket Veto
Process of relying on previous case conclusions; courts follow precedents.
Name one of the big cases talked about with this term
Stare Decisis
Camara v. Municipal Court
Allows the Supreme Court to determine whether a statute is constitutional
Name the landmark case where courts established this right
Judicial Review
Marbury v. Madison
Presidents, governors, etc., can use these to set a precedent (like establishing a National Park), as a quick way to achieve a goal, or as a response to an emergency or budget problems; These precedents can be easily overturned by next holder of office.
Executive Order
a way of diluting or changing laws passed by congress rather than vetoing them; gives President authority to “revise, interpret, r disregard legislative measures on national security or constitutional grounds”
Signing Statements
Biggest area of law we have; State and Federal APA’s
Administrative Agencies and Admin. Law
Name the type of law: fed & state statutes which prohibit wrongs against state or society in general. Ex’s: rape, murder forgery, etc.
Criminal Law
The level of proof needed in CRIMINAL cases
Burdern of Proof
Name this type of law: body of laws regulating relations b/w indiv’s or b/w individ’s and corporations (ex: domestic relations, bankruptcy, agency law, sales, etc.)
Civil Law
What time of presumption is this and is it UNREBUTTABLE or REBUTTABLE?
in most states, children under 7 y.o cannot “commit a crime”
Infancy
Unrebuttable; cannot be counteracted, no matter the circumstances
What time of presumption is this and is it UNREBUTTABLE or REBUTTABLE?
Company hires a hauler to properly dispose of hazardous waste but hauler doesn’t have a license, and company claims no knowledge of this.
Innocence
Rebuttable; can be counteracted if proven guilty.
“a systematic, documented, periodic & objective review by regulated entities of facility operations and practices related to meeting environmental requirements.”
Environmental Audit
under the EPA”s polic on civil penalties, this portion is an amount of money added to the fine that ensures that the violator derives no economic benefit from the violation; ensures employer is economically worse off than if it had obeyed the law.
Gravity Policy
Rights that cannot, and never will, be taken away.
Inalienable Rights
Authority to govern is divided b/w the state & federal governments; all those not given exclusively to federal or taken from the states is reserved for the states; the “Principle of Federal Supremacy”
Doctrine of Federalism
the predominant source of authority for the fed regulations of business and, thus, the source of authority for most environmental legislation
Commerce Clause
Name the CLAUSE and the ARTICLE: Provides that the constitution, laws, & treaties of the US constitute the supreme law of the land. Any state or local law that directly conflicts w/ the fed constitution, laws, or treaties is VOID.
Supremacy Clause; Article 6
Federal law on books and someone alleges congress goes too far with it
Name the significant case regarding this.
Active Interstate Commerce Clause
US v. Lopez - “Gun-free school zone act”
No federal law in an area but state passes a law that is going to benefit its residents @ the expense of others.
Dormant Interstate Commerce Clause
Wickard v. Filburn - Wheat grower not allowed to continue growing extra just for his family; “could destabilize the food supply”
protects the right of the indiv’s to be secure in their persons, homes, and their personal property. No unreasonable searches or seizures
4th Amendment - warrant requirement
This type of warrant is much easier to get; they are watered down and “easy”
Civil (administrative) warrant
this type of warrant is much harder to obtain; must be specific and thorough
Criminal Warrant
used to strike down a state law that does not directly conflict w/ a federal law but attempts to regulate an area in which fed legislation is so pervasive that it is evident that congress wanted only fed reg’n in that general area; likely to arise in matters pertaining to interstate commerce
Preemption
the provision that no person shall be deprived of his or her right to life, liberty, or property w/o due process of law.
5th and 14th amendment due process clauses
a prohibition on the fed gov’t; Fed govt must give due process of law
5th Amendment
restrictions on states; state govts must give due process of law
14th Amendment
What aspect of law is this?: Has the government taken the right steps? Search warrant, rights informed, etc…
Procedural aspects of law.
What aspect of law is this?: Definitions of crimes and violations
Substantive aspects of law
Name the amendment: “The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What kind of power is this?: states can have say w/ takings clause, health, safety, liquor establishments, zoning laws, etc.
10th Amendment
Police Power
