legal foundations Flashcards
Court
An agency or unit of the judicial branch of government, authorized or established by statute or constitution. Which has the authority to decide upon cases, controversies in law and disputed matter of fact.
Adjudication
The process by which a court arrives at a decision regarding a case.
Dual court system
A judicial system comprising federal and state level judicial systems.
Dual federalism
A system of government wherein the only powers of the federal government are those explicitly listed, with the rest being left to the states.
Cooperative federalism
A system of government wherein some of the lines between federal and states power are blurred.
Code of Hammurabi
The earliest known example of a formal written legal code.
Twelve Tables
The first secular written legal code, dating from 450 B.C.
Common laws
The law originating from usage and custom rather than from written statutes; also a term that referred to the law “in common” throughout England following the Norman Conquest in medieval times.
Special Law
Any law of specific villages and localities that was in effect in medieval England and that was often enforced by canonical.
Precedent
A legal principle that ensure that previous judicial discissions are authoritatively considered and incorporated into future cases.
Stare decisis
A term that literally means “ to stand by things decided “ in the law it is the formal practice of adhering to precedent.
Administrative regulations
Rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch
code of federal regulations
the group of rules and regulations adopted by U.S. federal agencies and departments
bill of rights
the first 10 amendments to the U.S. constitution, which place important limitations on government authority with respect to the investigation of crime
