Terms Flashcards
Constitutional Law
The law as expressed in either the US Constitution and State Constitutions. U.S. Constitution is the supreme law of the land.
The Tenth Amendment
Reserves to the states all powers not granted to the federal government.
Statutory Law
Laws enacted by legislative bodies at any level of government, such as statues passed by Congress or by state legislatures.
Local Ordinance
Statutory Law - regulations passed by municipal or county governing units to deal with matters not covered by federal or state law. (Usually zoning)
Uniform Laws
A model law created by the nation Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejection all or part of a uniform law.
The Uniform Commercial Code
1952, and has been adopted in all fifty states. It facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.
Administrative Law
Consists of the rules, orders, and decisions of administrative agencies.
Administrative Agency
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
Executive Agencies
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments. (US food and Drug Administration) Agencies are subject to the authority of the president, who has the power to appoint and remove their officers.
Independent Regulatory Agencies
An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause. (FTC, SEC and the FCC)
Case Law
The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law.
Common Law
The body of law developed from custom or judicial decisions in English and US courts not attributable to a legislature.
Precedent
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Stare Decisis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions.
Civil Law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
