Functions and Sources of Law Flashcards
Jurisprudence
The study of law and legal philosophy.
Laws
Rules of conduct promulgated and enforced by the government.
Constitutional law
A body of principles and rules that are either explicitly stated in, or inferred from, the constitutions of the United States and those of the individual states.
Separation of powers
The division of governmental power among the legislative, executive, and judicial branches.
Checks and balances
Division among governmental branches so that each branch acts as a check on the power of the other two, thereby maintaining a balance of power among the three branches.
Federalism
A system of government in which authority to govern is split between a single, nationwide central government and several regional governments that control specific geographic areas.
Bill of Rights
The first ten amendments to the U.S. Constitution.
Power of judicial review
A court’s power to review statutes to decide if they confirm to the federal or state constitution.
Statute
A law enacted by a state legislature or by Congress.
Administrative law
Rules and regulations created by administrative agencies.
Regulation
A law promulgated by an administrative agency.
Enabling act
A statute establishing and setting out the powers of an administrative agency.
Fourth branch of government
Administrative agencies
Common law
Law created by the courts.
Codification of the common law
The process of legislative enactment of areas of the law previously governed solely by the common law.
