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legal terms > Chapter 6 Intro to Legal System > Flashcards

Chapter 6 Intro to Legal System Flashcards

1
Q

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

A

Federalism

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2
Q

The branch of government with primary responsibility for carrying out, executing or administering the laws.

A

Executive Branch

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3
Q

The branch of government with primary responsibility for making or enacting the law.

A

Legislative Branch

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4
Q

The Branch of government with primary responsibility for interpreting laws by resolving disputes that arise under them.

A

Judicial Branch

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5
Q

Principles inherit in customs and societal values that are embodied in a law.

A

Public Policy

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6
Q

A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute.

A

Opinion

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7
Q

A law passed by the state or federal legislature that declares, commands or prohibits something.

A

Statute

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8
Q

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

A

Constitution

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9
Q

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

A

Administrative regulation

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10
Q

An administrative agencys resolution of a controversy involving the application of the regulations, statutes or executive orders that govern the agency.

A

Administrative decision

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11
Q

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

A

Charter

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12
Q

A law passed by the local legislative branch of government that declares, commands or prohibits something..

A

Ordinance

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13
Q

The procedural laws that govern the mechanics of litigation before a particular court.

A

Rules of Court

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14
Q

A law issued by the chief executive pursuant to specific statutory authority or to the executives inherit authority to direct the operations of governmental agencies.

A

Executive Order

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15
Q

A formal agreement between two or more nations

A

Treaty

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16
Q

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

A

Opinion of the Attorney General

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17
Q

An allocation of governmental powers whereby one branch of government can block, check or review what another branch wants to do (or has done) in order to maintain a balance of power among the legislative, executive and judicial branches.

A

Checks and Balances

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18
Q

The power of a court to determine the constitutionality of a statute or other law, including the power to refuse to enforce it if the court concludes that it violates the constitution.

A

Judicial Review

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19
Q

(1) Court opinions of all case law (2) the legal system in England and of those countries such as the US whose legal system is based on Englands
(3) The case law and statutory law in England and the American colonies before the American Revolution. (4) Judge made law in the absence of controlling statutory law or other higher law.

A

Common Law

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20
Q

The legal systems of many Western European countries (other than England) that places a greater emphasis on statutory or code law than do countries (such as England and the US) whose common law system places a greater emphasis on case law.

A

Civil Law System

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21
Q

All the case law and statutory law in England and in the American Colonies before the revolution.

A

at common law

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22
Q

the chief executives “silent”rejection of a bill by not acting on it within ten days of receiving it if the legislature adjourns during this period.

A

pocket veto

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23
Q

To supersede or change a result. To approve a bill over the veto of the cheif executive.

A

Override

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24
Q

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

A

Veto

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25
Q

a word by word account. A written copy of oral testimony.

A

Transcript

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26
Q

A proposed statute. Legislation under consideration by a legislature.

A

Bill

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27
Q

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

A

Government corporation.

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28
Q

The court of final resort in the federal judicial system.

A

US Supreme Court

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29
Q

The main intermediate appellate court in the federal judicial system.

A

US Court of Appeals

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30
Q

The highest court within a judicial system

A

Court of Final Resort

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31
Q

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.

A

Writ of certiorari

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32
Q

a prior decision covering a similar issue that can be used as a standard or guide in a later case.

A

precedent

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33
Q

“stand by things decided” courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. In resolving an issue before it, a court should be reluctant to reject precedent, a prior opinion covering a similar issue.

A

Stare Decisis

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34
Q

A legally acceptable reason for suing. Facts that give a party the right to judicial relief.

A

cause of action

35
Q

a partial repealing or abolishing of a law, as by a subsequent act that limits its scope or force.

A

derogation

36
Q

A bargained for promise, act or forbearance. Something of value exchanged between the parties.

A

consideration

37
Q

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

A

conference committee

38
Q

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

A

enrolled bill

39
Q

involving conflict or adversaries

A

adversarial

40
Q

a method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker.

A

adversary system

41
Q

A method of resolving a legal dispute in some civil law countries in which the judge has a more active role in questioning the witness and in conducting the trial than in an adversary system.

A

inquisitorial system

42
Q

justice administered according to fairness in a particular case, as contrasted with strictly formalized rules once followed by common law courts

A

Equity

43
Q

An equitable remedy that orders the performance of a contract according to the precise terms agreed upon by the parties

A

Specific performance

44
Q

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

A

injunction

45
Q

A court created within the constitution (at the Federal level they are called Article III courts because they are created within article III of the constitution).

A

Constitutional Court

46
Q

A court created by the legislature (at the federal level they are called article I courts because Article I of the Constitution gives Congress the authority to create special courts.)

A

Legislative Court

47
Q
  1. The power or a court to decide a mater in controversy. 2.The geographic area over which a particular court system or other government unit has authority. 3. The scope of power or authority that a person or entity can exercise.
A

Jurisdiction

48
Q

To hear and resolve a legal matter judicially, To judge.

A

adjudicate

49
Q

A couts power over a person to adjudicate his or her personal rights.

A

personal jurisdiction

50
Q

The courts power over a particular thing or status “res” located within the territory over which the court has authority.

A

In rem jurisdiction

51
Q

a courts power over a person, but restricted to his or her specific interest in property within the territory over which the court has authority.

A

quasi-in-rem jurisdiction

52
Q

the courts power to resolve a particular kind or category of dispute.

A

subject matter jurisdiction

53
Q

the courts power to hear only certain kinds of cases.

A

limited jurisdiction

54
Q

the power of a court to hear any kind of civil or criminal case, with certain exceptions.

A

General jurisdiction

55
Q

Issues that arise from or are based on the state constitution, state statutes, state administrative regulations, state common law or other state laws.

A

State questions

56
Q

Issues that arise from or are based on the federal constitution, federal statutes, federal administrative regulations or other federal laws.

A

Federal questions

57
Q

the power of a court to hear a particular kind of case, to the exclusion of other courts.

A

exclusive jurisdiction

58
Q

The power of a court to hear a particular kind of case, along with other courts that could also hear it.

A

concurrent jurisdiction

59
Q

the power of a court to be the first to hear a case before its reviewed by another court.

A

original jurisdiction

60
Q

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

A

appellate jurisdiction

61
Q

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

A

review

62
Q

A trial court of limited or special jurisdiction (a broader meaning of inferior court is any court that is subordinate to the court of final resort)

A

Inferior court

63
Q

The main trial court in the federal judicial system.

A

US District court

64
Q

by the entire court

A

en banc

65
Q

A group of judges, usually three, who decide a case in a court with a larger number of judges.

A

panel

66
Q

A document submitted (filed) by a party to an appellate court (and served on the opposing party)in which arguments are presented on why the appellate court should affirm (approve) reverse, or otherwise modify what a lower court has done.

A

appellate brief

67
Q

The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. This diversity gives jurisdiction to a US District Court.

A

Diversity of Citizenship

68
Q

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

A

Quasi-Independent regulatory agency

69
Q

having two houses or chambers in the legislature

A

bicameral

70
Q

A governmental body other than a court or legislature that carries out (administers or executes) the statutes of the legislature, the executive orders of the chief executive and its own regulations.

A

administrative agency

71
Q

an administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature.

A

quasi legislation

72
Q

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

A

Engrossed Bill

73
Q

An administrative agency that regulates an aspect of society. It often exists outside the executive branch of government.

A

Independent regulatory agency

74
Q

The statute that governs procedures before federal administrative agencies. Many states have their own APA for procedures before state administrative agencies.

A

Administrative Procedure Act (APA)

75
Q

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

A

executive department agency

76
Q

a legally sufficient reason to do something. Sometimes referred to as just cause or good cause.

A

cause

77
Q

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

A

quasi adjudication

78
Q

a government officer who presides over a hearing at an administrative agency.

A

administrative law judge

79
Q

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

A

exhaust administrative remedies

80
Q

hearings, debates, amendments, committee reports and all other events that occur in the legislature before a bill is enacted into a statute.

A

legislative history

81
Q
  1. A continuous sitting of a legislature or court

2. any time in the day during which such a body sits.

A

session

82
Q

the electorates power to propose and directly enact a statute or change in the constitution or to force the legislature to vote on the proposal.

A

Initiative

83
Q

the electorates power to give final approval to an existing provision of the constitution or statute of the legislature.

A

referendum

legal terms (14 decks)

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