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Paralegal > Intro to Paralegalism Ch 6 > Flashcards

Intro to Paralegalism Ch 6 Flashcards

1
Q

Federalism

A

the division of powers between the federal government and the state governments

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2
Q

Legislative Branch

A

the branch that makes or enacts laws

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3
Q

Executive Branch

A

the branch that carries out, executes, or administers laws

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4
Q

Judicial Branch

A

the branch that interprets laws by resolving disputes that arise under them

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5
Q

Checks and Balances

A

an allocation of powers whereby one branch of government can block, check, or review another branch in order to maintain a balance of power between the three branches so that no one can dominate the other two

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6
Q

Judicial Review

A

the power of a court to determine the constitutionality of a statute or law; or to determine the correctness of what a lower court has done

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7
Q

Law

A

an authoritative rule written and enforced by one or more government bodies

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8
Q

Primary Authority

A

a law written by one of the three branches of government (ex: constitutions, statutes, opinions, administrative regulations)

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9
Q

Secondary Authority

A

a nonlaw that summarizes, describes, or explains the law but is not the law itself (ex: legal encyclopedias, legal treatises, opinions of the attorney general)

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10
Q

Opinions of the Attorney General

A

formal legal advice given by the chief law officer of the government to another government official or agency

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11
Q

Ten Main Categories of Primary Authority

A

1) Opinion
2) Statute
3) Constitution
4) Administrative Regulation
5) Administrative Decision
6) Charter
7) Ordinance
8) Court Rule
9) Executive Order
10) Treaty

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12
Q

Opinion

A

a court’s written explanation of how it applied the law to the facts to resolve a legal dispute

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13
Q

Statute

A

a law passed by state or federal legislature that declares, commands, or prohibits something

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14
Q

Constitution

A

the fundamental law that creates the branches of government, allocates power among them, and defines some basic rights of individuals

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15
Q

Administrative Regulation

A

a law written by an administrative agency designed to explain or carry out the statutes, executive orders, or other regulations that govern the agency

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16
Q

Administrative Decision

A

an administrative agency’s resolution of a controversy, following a hearing, involving the application of the regulations, statutes, or executive orders that govern the agency

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17
Q

Charter

A

the fundamental law of a municipality or other local unit of government authorizing it to perform designated governmental functions

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18
Q

Ordiance

A

a law passed by the local legislature that declares, commands, or prohibits something

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19
Q

Court Rule

A

a procedural law that governs the mechanics of litigation before a particular court

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20
Q

Executive Order

A

a law issued by the chief executive pursuant to specific statutory authority or to the executive’s inherent authority to direct the operation of governmental agencies

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21
Q

Treaty

A

a formal agreement between two or more nations

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22
Q

Supremacy Clause

A

the clause in the U.S. Constitution (art. VI, cl. 2) that states if there is conflict between a state law and a valid federal law, federal law controls

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23
Q

Indigent

A

poor; cannot afford something such as a private attorney or filing fees

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24
Q

Common Law

A

law derived from court opinions; judge made law in the absence of controlling statutory law or other higher law

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25
Q

at common law

A

referring to all the case law and statutory law in England and in the American colonies before the Revolution

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26
Q

Common-Law System

A

places a greater emphasis on case law (U.S. and England)

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27
Q

Civil-Law System

A

places a greater emphasis on statutory or code law (Louisiana, Continental Europe, Latin America)

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28
Q

Civil

A

pertaining to the state or its citizens; noncriminal; nonmilitary

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29
Q

Precedent

A

a prior opinion or decision covering similar facts or issues in a latter case that can be used as a standard or guide

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30
Q

Stare Decisis

A

“stand by things decided”

courts should decide similar cases in the same way unless there is good reason for the court to do otherwise

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31
Q

Cause of Action

A

a legally acceptable reason for bringing a suit

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32
Q

Derogation

A

a partial repeal or abolishment of a law

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33
Q

Consieration

A

something of value that is exchanged between the parties

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34
Q

Enacted Law

A

a law written by a deliberative body

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35
Q

Prospective

A

governing future events

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36
Q

Equity

A

justice administered according to fairness in a particular case, as contrasted with the strictly formalize rules

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37
Q

Remedy

A

the means by which a right is enforced or the violation of a right is prevented, compensated for, or otherwise redressed

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38
Q

Damages

A

1) money claimed by a person to compensate for the harm caused by an alleged wrongdoer
2) an award of money paid by the wrongdoer to compensate the person who has been harmed

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39
Q

Equitable

A

fair; just

pertaining to any remedy available in an action in equity

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40
Q

Specific Performance

A

a remedy for breach of contract that forces the wrongdoing party to complete the contract as promised

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41
Q

Injunction

A

a remedy that orders a person or organization to do or to refrain from doing something

42
Q

Constitutional Court

A

a court that derives its jurisdiction from a provision of the constitution

43
Q

Legislative Courts

A

a court created by the legislature

44
Q

Adjudicate

A

to resolve or decide by judicial process

45
Q

Adversarial

A

involving conflict and an adversary

46
Q

Adversary System

A

a method of resolving a legal dispute whereby the parties argue their conflicting claims before an impartial decision maker

47
Q

Inquisitorial System

A

a method of resolving a legal dispute in which the judge has a more active role in questioning the witnesses and in conducting the trial

48
Q

Record

A

the official collection of all the trial pleadings, exhibits, orders, and word-for-word testimony that were part of the trial

49
Q

Court of Record

A

a court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred

50
Q

trial de novo

A

a new trial conducted as if a prior one had not occurred

51
Q

International Law

A

the legal principles an laws governing relations between nations

52
Q

Jurisdiction

A

1) the power of a court to resolve a legal dispute

2) the geographic area over which a particular court has authority

53
Q

Territorial Jurisdiction

A

the geographic boundaries within which a court has the power to act

54
Q

Personal Jurisdiction

A

a court’s power over a person to adjudicate his or her personal rights

55
Q

Subject-Matter Jurisdiction (and the classifications)

A

the court’s power to resolve a particular type of legal dispute and to grant a particular type of relief; there are six classifications: Limited, General, Exclusive, Concurrent, Original, Appellate

56
Q

Limited Jurisdiction

A

the power of a court to hear only certain kinds of cases (ex: a criminal court cannot take a noncriminal case)

57
Q

General Jurisdiction

A

the power of a court to hear any kind of civil or criminal case, with certain exceptions (ex: U.S. district court)

58
Q

Exclusive Jurisdiction

A

the power of a court to hear a particular kid of case, to the exclusion of other courts (ex: juvenile court)

59
Q

Concurrent Jurisdiction

A

the power of more than one type of court to hear a particular kind of case (ex: a family court and a county court may have jurisdiction to enforce a child-support order)

60
Q

Original Jurisdiction

A

court of first instance; the power of a court to be the first to hear a case before it is reviewed by another type of court

61
Q

Appellate Jurisddiction

A

the power of a court to review an correct the decisions of a lower tribunal

62
Q

Review

A

the power of a court to examine the correctness of what a lower tribunal has one

63
Q

Ruling

A

the conclusion or outcome of a decision made by a court or administrative agency

64
Q

Certiorari (cert)

A

an order (or writ) by a higher court that a lower court send up the record of a case because the higher court has decided to use its discretion to review that case

65
Q

Writ

A

a written court order to do or refrain from doing an act

66
Q

Inferior Courts

A

1) a trial court of limited or special jurisdiction

2) any court that is subordinate to the court of final resort

67
Q

Appellate Briefs

A

a document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done

68
Q

Panels

A

a group of judges, usually three, who decide a case on behalf of or with a larger number of judges

69
Q

en banc

A

“on the bench”

by the entire court

70
Q

Court of Final Resort

A

the highest court within a judicial system

71
Q

U.S. District Court

A

the main trial court in the federal judicial system with subject-matter jurisdiction over civil and criminal cases

72
Q

Diversity of Citizenship

A

the disputing parties are citizens of different states and the amount in controversy exceeds $75K; this diversity gives subject-matter jurisdiction to a U.S. district court

73
Q

U.S. Court of Appeals

A

the major intermediate appellate court in the federal court system

74
Q

U.S. Supreme Court

A

the court of final resort in the federal court system

75
Q

Administrative Agency (and the main types

A

a governmental body other than a court or legislature, that carries out the statutes of the legislature, the executive orders of the chief executive, and its own regulations
three main types: Executive Department Agency, Independent Regulatory Agency, and Quasi-Independent Agency

76
Q

Enabling Statute

A

the statute that allows an administrative agency to carry out specified delegated powers

77
Q

Executive Department Agency

A

an administrative agency that exists within the executive branch of government, often at the cabinet level

78
Q

Cause

A

a legally sufficient reason to do something, sometimes referred to as ‘just cause’, ‘good cause’

79
Q

Independent Regulatory Agency

A

an administrative agency that regulates an aspect of society; often exists outside the executive branch

80
Q

Quasi-Independent Agency

A

an administrative agency that has characteristics of both an executive department agency and an independent regulatory agency

81
Q

Government Coporation

A

a government-owned entity that is a mixture of a business corporation and a government agency created to serve a predominantly business function in the public interest

82
Q

Quasi-Legislation

A

an administrative regulation enacted by an administrative agency that some characteristics of the legislation enacted by the legislature

83
Q

Quasi-Adjudication

A

an administrative decision written by an administrative agency that has some characteristics of an opinion written by a court

84
Q

Administrative-Law Judge (ALJ)

A

a government officer who presides over a hearing at an administrative agency; hearing examiner

85
Q

Exhaust Administrative Remedies

A

to go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did

86
Q

Administrative Procedure Act (APA)

A

the statute that governs procedures before federal administrative agencies

87
Q

Bill

A

a proposed statute

88
Q

Bicameral

A

having two chambers in the legislature

89
Q

Unicameral

A

having one chamber in the legislature

90
Q

Legislative History

A

hearings, debates, amendments, committee reports, and all other events that occur in the legislature before a bill is enacted into a statute, along with any changes that are made after the statute is enacted

91
Q

Transcript

A

a word-for-word account of what was said

92
Q

Markup

A

the process by which a legislative committee puts a bill in its final form

93
Q

Committee Report

A

a summary of a bill and a statement by the committee of the reasons for and against its enactment by the legistature

94
Q

Engrossed Bill

A

the version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes

95
Q

Conference Committee

A

a temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed

96
Q

Enrolled Bill

A

a bill that is ready to be sent to the chief executive after both chambers of the legislature have passed it

97
Q

Veto

A

a rejection by the chief executive of a bill passed by the legislature

98
Q

Override

A

to approve a bill over the veto of the chief executive

99
Q

Pocket Veto

A

the chief executive’s ‘silent’ rejection of a bill by not acting on it within 10 days of receiving it if the legislature adjourns during this period

100
Q

Stages for a Bill to become a Statute

A

1) bill is proposed by being introduced into one of the chambers of the legislature
2) a committee of each chamber gives the bill initial consideration, if approved by committee it moves on
3) all members of each chamber are given the opportunity to debate and vote on the bill, if approved by both chambers it moves on
4) a conference committee is formed with members of both chambers to reconcile differences
5) goes back to both full chambers for a debate and vote by all members, if approved by both chambers it moves on
6) the chief executive signs or vetoes the bill

Paralegal (3 decks)

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