Exam 1 Flashcards
Primary Source of Law
Doc. establishes law on a particular issue
Constitution, statute, administrative rule, court decision
Secondary Source of Law
Publication summarizes law
Legal encyclopedia, legal treatise, an article in a law review
Constitutional Law
Body of law derived from US Const. and the constitutions of various states
Statutory Law
Body of law enacted by legislative bodies
Uniform Law
Model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute
Administrative Law
Body of law created by administrative agencies to carry out duties/responsibilities
Administrative Agency
Federal, state, local gov’t agency established to perform function (FCC, etc.)
Administrative Procedures Act (APA)
Imposes strict procedural requirements that agencies must follow in legislative rule-making
Enabling Legislation
Statute enacted by Congress, authorizes creation of an administrative agency
Quasi-gov’t branch powers
Not mentioned in Constitution, given to APA
Common Law
Body of law developed from custom/judicial decision in English/U.S. courts, not attributable to legislature
Precedent
Court decision furnishes example or authority for deciding subsequent cases involving identical facts
Stare Decisis
Common law doctrine where judges are obligated to follow precedents
Binding Authority
Any source of law that a court must follow when deciding case
Persuasive Authority
Legal authority that court can look to for guidance, need not follow when making decision
Plaintiff
Initiator of lawsuit
Defendant
Accused person of criminal proceeding, one against whom lawsuit is brought
Substantive Law
Defines, describes, regulates, creates legal rights and obligations
Procedural Law
Establishes methods of enforcing rights established in substantive law
Criminal aw
Branch of law that defines wrongful actions committed against the public
Civil Law
Branch of law dealing with definition and enforcement of private and public rights
Supremacy clause
SUPREME LAW OF THE LAND
Checks and Balances
The principle under which each of the the three branches of gov’t can limit power of the others
Commerce Clause
Provision in Article I, Section 8, gives congress power to regulate interstate commerce
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
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
Preemption
Doctrine under which federal laws take precedence over conflicting state/local laws
Bill of Rights
First ten amendments
Symbolic Speech
Nonverbal expression of belief, gestures, clothing, protection by courts
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
Establishment Clause
Provision in first amendment that prohibits gov’t from establishing state-sponsored religion
Johnson Amendment
Organizations and churches are not allowed to endorse/pay political campaigns in support
Due Process Clause
Nobody should be deprived of life, liberty, property without due process of law
Equal Protection Clause
Treat similar cases in similar manner
Procedural Due Process
Any gov’t decision to take life, liberty, property must be made fairly
Substantive Due Process
Focuses on content of legislation rather than fairness of procedures
Judicial Review
Process in which court decides on constitutionality of legislative enactments and actions by executive branch
Jurisdiction
Authority of court to hear/decide a case
Long Arm Statute
State statute permits a state to exercise jurisdiction over nonresident defendants.
Venue
District where legal action is tried and which jury is selected
Writ of Certiorari
Writ from a higher court asking lower court for record of case
Rule of Four
US Supreme Court where Court will not issue writ of certiorari unless four justices approve of decision to issue writ
Marbury V. Madison
Where judicial review was established, exercised by federal and state courts, influenced other countries
