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LAS101 - Intro to Law > Chapters 11 & 12 - Terminology > Flashcards

Chapters 11 & 12 - Terminology Flashcards

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1
Q

procedures leading to adjudication in administrative or judicial proceedings

A

adjudicatory procedures

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2
Q

departments of federal, state and local governments exercising regulatory authority over designated areas of services or control

A

administrative agencies

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3
Q

the body of law deadling with the structure, authority, policies and procedures of administrative and regulatory agencies

A

administrative law

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4
Q

officers appointed to hear and determine controversies before administrative agencies of governments

A

administrative law judges

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5
Q

court orders authorizing searches to determines if there are violations of regulatory laws and ordinances

A

administrative search warrants

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6
Q

searches of premises by a government official to determine compliance with health and safety regulations

A

administrative searches

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7
Q

a program under which woman and/or persons of particular minority groups are granted special consideration in employment, government contracts and/or admission to programs of higher education

A

affirmative action

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8
Q

giving unqeual considerations to persons because of their age. Espcially applicable to employment situations

A

age discrimination

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9
Q

the body of law defining antutrust violations and providing remedies for such violations

A

antitrust law

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10
Q

an order issued by an administrative agency requireing a person to stop certain designated activities

A

cease and desist orders

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11
Q

statutes protecting persons against various forms of unlawful discrimination

A

civil rights legislation

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12
Q

the system under which government employees are selected and retained based on merit rather than political patronage

A

civil service

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13
Q

negotiations between represenatitives (usually union leaders) on behalf of employees and representatives on behalf of an employer. Usually focuses on wages and working conditions.

A

collective bargaining

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14
Q

a modern approach to American federalism in which powers and functions are shared among national, state and local authorities.

A

cooperative federalism

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15
Q

systematic assessment of the costs and benefits that will result from a given transaction

A

cost-benefit analysis

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16
Q

transfer of legal right to act

A

delegations of power

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17
Q

the legal process by which an alien is expelled from a host country

A

deportation

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18
Q

to reveal or make known certain facts

A

disclosure of information

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19
Q

treatment of persons unequally based on their ace, religion, sex or national origin

A

discrimination

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20
Q

treatment of persons unequally based on their disabilities

A

discrimination against persons with disabilities

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21
Q

a facially neutral law or policy that has a differential impact on members of different races or genders.

A

disparate impact

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22
Q

procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty or property.

A

due process of law

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23
Q

denying employment or treating employees unequally based on their disabilities, race, religion, sex or national origin.

A

employment discrimination

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24
Q

as applied to public law, a statutes authorizing the creation of a government program or agency and defining the functions and powers thereof

A

enabling legislation

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25
Q

an animal species that has been officially designated as endangered by the Secretary of Interior under the Endangered Species Act

A

endangered species

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26
Q

a document required by law ountlining the effecs that a proposed land development will likely have on the surrounding environment

A

environmental impact statement

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27
Q

the body of law protecting the natural environment from pollution and despoliation

A

environmental law

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28
Q

constitutional requirement that the government not engage in prohibited forms of discimination agaisnt persons under its jurisdiction

A

equal protection of the law

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29
Q

the requirement that a party seeking review by a court first exhaust all legal option for resolution of the issue by nonjudicial authorities or lower courts

A

exhaustion of remedies

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30
Q

sacrifice of ownership or some right (usually property) as a penalty

A

forfeiture

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31
Q

official determination (usuaylly an administrative tribunal)

A

formal adjudication

32
Q

court action requiring a party (garnishee) who is indebted to a person to withhold payment and pay a sum over to a creditor (garnishor) who instituted garnishment proceedings

A

garnishment

33
Q

summary term referring to the idea that persons should be permitted to engage in private homosexual conduct and be free from discrimination based on sexual orientation

A

gay rights

34
Q

treating a person in an unequal manner based on the person’s sex

A

gender discrimination

35
Q

idea that women should receive equal benefits conferred by government

A

gender equity

36
Q

the intentional manipulation of legislative districts for political purposes

A

gerrymandering

37
Q

government regulations affecting the shipment, storage, and disposal of toxic and radioactive waste products

A

hazardous waste regulations

38
Q

treatment of applicants for housing or tenants on terms unequally applied based on race, religion, sex or national origin

A

housing discrimination

39
Q

revealming a person’s private invormation without that person’s consent and when not required by law

A

improper disclosure of personal inforamtion

40
Q

a form of administrative adjudication that oberseves only mininal procedural requirements

A

informal adjudication

41
Q

process by which courst of law reqview actions or decisions of administrative and regulatory agencies

A

judicial review of agency actions

42
Q

the geographical area within which, the subject matter with respct to which , and the persons over whom a court can propertly exercise its power

A

jurisdiction

43
Q

a statutory provision under which a legislative body is permitted to overrule a decision of an executive agency

A

legilslative veto

44
Q
  1. imposition of a tax or assessment by a government agency 2. procedure whereby a court official takes possession of a property and casuses it to be sold to satisfy a judgment lien
A

levy

45
Q

commission of an illegal act done under color of office. Most serious; can result in removal from office.

A

malfeasance

46
Q

medical services generally furnished through a health maintenace organization (HMO)

A

managed care

47
Q

Federal program that provides grants to states to furnish medical care to indigent persons

A

Medicaid

48
Q

Federal health insurance program primarily for senior citizens

A

Medicare

49
Q

performance of a legal act in an illegal manner (mid-serious, can result in )mid-serious, can result in suspension)

A

misfeasance

50
Q

area of public policy affecting the supply of money in the economy

A

monetary policy

51
Q

neglect of duty (done all the time, little punishment)

A

nonfeasance

52
Q

notification to interested parties of an agency’s intention to promulgate a rule

A

notice of proposed rulemaking

53
Q

meetings open to the general public

A

open meetings

54
Q

businesses that open their doors to the general public

A

places of public accomodation

55
Q

the power of government to legislate to protect public health, safety, welfare and morality

A

police power

56
Q

requirement under the Voting Rights Act that changes in state voting and elections law must be approved by the Attorney General before they can take effect

A

preclearance

57
Q

public boards of administrative officers who make factual determinations as a basis for their rulings

A

quasi-judicial bodies

58
Q

civil suit brought by a private party on behalf of the government against a party that has allegedly defrauded the government

A

qui tam action

59
Q

requirement under the Americans with Disabilities Act that employers take reasonable steps to accommodate employees with disabilities

A

reasonable accommodation

60
Q

agencies empowered by statutes to promulgate and enforce regulations within particular substantive areas

A

regulatory agencies

61
Q

agreements amond property holders restricting the use of property or prohibiting the rental or sale of it to certain parties

A

restrictive covenants

62
Q

state statutes that provide a person cannot be required to join a union in order to obtain or hold a job

A

right to work laws

63
Q

formmal process by which regulatoy agencies make rules that carry the force of law

A

rulemaking

64
Q

authority of federal and state regulatory agencies to promulgate rules of general applicability over matters within the agency’s jurisdiction

A

rulemaking authority

65
Q

constitutional assignment of legislative, executive and judicial powers to different branches of government

A

separation of powers

66
Q

offensive interaction of a sexual nature in the workplace

A

sexual harassment

67
Q

a federal government program instituted by Conress in 1935 where employers withhold a portion of their employees’ wages, match these amounts, and transfer these sums to the government. From these funds, the government pays benefits to disabled persons, retirees, surviving spouses and dependents.

A

social security

68
Q

laws enacted by federal and state governments to assist socially and economically disadvantaged people

A

social welfare legislation

69
Q

a political term based on the old adage that “to the victor go the spoils.” In practice, the award of contracts and jobs to supporters of a winning candidate

A

spoils system

70
Q

the right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury

A

standing

71
Q

because the jurisdiction of the lower federal courts is dependent on federal legislation, legislative act enacted by Congress to preclude judicial review altogether or under certain circumstances

A

statutory preclusion of judicial review

72
Q

evdience that easonable minds accept as sufficient to support a rational conclusion

A

substantial evidence

73
Q

federal and state laws requiring certain governmentmeetings to be conducted in public

A

sunshine laws

74
Q

a federal progam administered by state agencies and funded through taes on employers that provides termpoeary payments to unemployed workers

A

unemployment compensation

75
Q

reasonable searches of premises by government officials to determine compliance with health and safety regulations

A

warrantless administrative searches OR warrantless inspections

76
Q

government-sponsored programs such as those that furnish financial assistance for dependent children, medical assistance for the poor and unemployment compensation for persons out of work

A

welfare programs

77
Q

congressional action revising the criteria for entitlements in welfare programs

A

welfare reform

LAS101 - Intro to Law (34 decks)

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