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Flashcards in Chap. 1 Deck (19):
1

stare decisis

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

2

administrative law judge (ALJ)

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

3

Bill of Rights

The first ten amendments to the US Constitution

4

commerce clause

the provision in Article 1, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce

5

common law

The body of law developed from custom or judicial decisions in English and US Courts, not attributable to a legislature

6

cyberlaw

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet

7

defendant

One against whom a lawsuit is brought; the accused person in a criminal proceeding

8

due process clause

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law

9

enabling legistation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies that name, composition, purpose, and powers of the agency being created

10

equal protection clause

The provision in the Fourteenth Amendment that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws" This clause mandates that the state governments must treat similarly situated individuals in a similar manner

11

establishment clause

The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

12

free exercise clause

The provision in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship

13

plaintiff

one who initiated a lawsuit

14

police powers

Powers possessed by the states as part of the inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare

15

precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving indentical or similar facts

16

preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

17

statute of limitations

A federal or state stature settling the maximum time period during which a certain action can be brought or certain rights enforced

18

supremacy clause

The requirements in Article 6 or the US Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land" Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

19

symbolic speech

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts