Exam 1 Flashcards

1
Q

Primary Source of Law

A

Doc. establishes law on a particular issue

Constitution, statute, administrative rule, court decision

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2
Q

Secondary Source of Law

A

Publication summarizes law

Legal encyclopedia, legal treatise, an article in a law review

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3
Q

Constitutional Law

A

Body of law derived from US Const. and the constitutions of various states

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4
Q

Statutory Law

A

Body of law enacted by legislative bodies

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5
Q

Uniform Law

A

Model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

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6
Q

Administrative Law

A

Body of law created by administrative agencies to carry out duties/responsibilities

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7
Q

Administrative Agency

A

Federal, state, local gov’t agency established to perform function (FCC, etc.)

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8
Q

Administrative Procedures Act (APA)

A

Imposes strict procedural requirements that agencies must follow in legislative rule-making

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9
Q

Enabling Legislation

A

Statute enacted by Congress, authorizes creation of an administrative agency

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10
Q

Quasi-gov’t branch powers

A

Not mentioned in Constitution, given to APA

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11
Q

Common Law

A

Body of law developed from custom/judicial decision in English/U.S. courts, not attributable to legislature

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12
Q

Precedent

A

Court decision furnishes example or authority for deciding subsequent cases involving identical facts

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13
Q

Stare Decisis

A

Common law doctrine where judges are obligated to follow precedents

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14
Q

Binding Authority

A

Any source of law that a court must follow when deciding case

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15
Q

Persuasive Authority

A

Legal authority that court can look to for guidance, need not follow when making decision

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16
Q

Plaintiff

A

Initiator of lawsuit

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17
Q

Defendant

A

Accused person of criminal proceeding, one against whom lawsuit is brought

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18
Q

Substantive Law

A

Defines, describes, regulates, creates legal rights and obligations

19
Q

Procedural Law

A

Establishes methods of enforcing rights established in substantive law

20
Q

Criminal aw

A

Branch of law that defines wrongful actions committed against the public

21
Q

Civil Law

A

Branch of law dealing with definition and enforcement of private and public rights

22
Q

Supremacy clause

A

SUPREME LAW OF THE LAND

23
Q

Checks and Balances

A

The principle under which each of the the three branches of gov’t can limit power of the others

24
Q

Commerce Clause

A

Provision in Article I, Section 8, gives congress power to regulate interstate commerce

25
Federal Form of Gov't
System of gov't in which state form union and sovereign power is divided between central gob't and member states
26
Police Powers
Powers possessed by states as part of inherent sovereignty, may be exercised to protect or promote public order, health, safety, etc., 10th Amendment
27
Preemption
Doctrine under which federal laws take precedence over conflicting state/local laws
28
Bill of Rights
First ten amendments
29
Symbolic Speech
Nonverbal expression of belief, gestures, clothing, protection by courts
30
Compelling Government Interest
Test of constitutionality requires gov't to have convincing reasons for passing any law that restricts fundamental rights, such as free speech
31
Establishment Clause
Provision in first amendment that prohibits gov't from establishing state-sponsored religion
32
Johnson Amendment
Organizations and churches are not allowed to endorse/pay political campaigns in support
33
Due Process Clause
Nobody should be deprived of life, liberty, property without due process of law
34
Equal Protection Clause
Treat similar cases in similar manner
35
Procedural Due Process
Any gov't decision to take life, liberty, property must be made fairly
36
Substantive Due Process
Focuses on content of legislation rather than fairness of procedures
37
Judicial Review
Process in which court decides on constitutionality of legislative enactments and actions by executive branch
38
Jurisdiction
Authority of court to hear/decide a case
39
Long Arm Statute
State statute permits a state to exercise jurisdiction over nonresident defendants.
40
Venue
District where legal action is tried and which jury is selected
41
Writ of Certiorari
Writ from a higher court asking lower court for record of case
42
Rule of Four
US Supreme Court where Court will not issue writ of certiorari unless four justices approve of decision to issue writ
43
Marbury V. Madison
Where judicial review was established, exercised by federal and state courts, influenced other countries