Chapter 1

Question 1

Adjudicate

Answer 1

To render a judicial decision. Trial-like proceeding where a judge hears and resolves disputes involving an administrative agency’s regulations

Question 2

Administrative agency

Answer 2

A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

Question 3

Administrative law

Answer 3

The body of law created by administrative agencies in order to carry out their duties and responsibilities

Question 4

Administrative law judge (alj)

Answer 4

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

Question 5

Administrative process

Answer 5

Process used by administrative agencies: rulemaking, enforcement, and adjudication

Question 6

Allege

Answer 6

To state, recite, assert, or charge

Question 7

Binding authority

Answer 7

Any source of law that a court must follow when deciding a case

Question 8

Case law

Answer 8

The rules of law announced in court decisions; interprets statutes, regulations, and constitutional provisions

Question 9

Case on point

Answer 9

A previous case involving factual circumstances and issues that are similar to those in tbe case before the court

Question 10

Citation

Answer 10

A reference to a publication in which a legal authority (such as a statute or a court decision) or other source can be found

Question 11

Civil law

Answer 11

Deals with the definition and enforcement of all private or public rights, as opposed to criminal matters

Question 12

Civil law system

Answer 12

Is based on codified laws (rather than on case precedents)

Question 13

Common law

Answer 13

Developed from customs or judicial decisions in English and US courts, not attributable to a legislature

Question 14

Concurring opinion

Answer 14

One or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion

Question 15

Constitutional law

Answer 15

Body of law derived from the US Constitution and the constitutions of the various states

Question 16

Criminal law

Answer 16

Defines and punishes wrongful actions committed against the public

Question 17

Cyber law

Answer 17

All laws governing electronic communications and transactions

Question 18

Defendant

Answer 18

Who the lawsuit is brought against/ the accused person in a criminal proceeding

Question 19

Dissenting opinion

Answer 19

Presents the views of one or more judges or justices who disagree with the majority’s decision

Question 20

Enabling administration

Answer 20

Statute that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created

Question 21

Equitable maxims

Answer 21

General propositions or priniciples of law that have to do with fairness (equity)

Question 22

Historical school

Answer 22

A school of legal thought that looks to the past to determine what the principles of contemporary law should be

Question 23

International law

Answer 23

Governs relations among nations

Question 24

Interpretive rules

Answer 24

Nonbinding rules ormpolicy statements issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces

Question 25

Jurisprudence

Answer 25

The science or philosophy of law

Question 26

Law

Answer 26

A body of enforcable rules governing relationships among individuals and between individuals and their society

Question 27

Legal positivism

Answer 27

A school of legal thought centered on the assumption that there is no law higher than the laws created by the national government

Question 28

Legal realism

Answer 28

A school of legal thought that holds that the law is only one factor to be considered when deciding cases, and that social and economic circumstances should also be taken into consideration

Question 29

Legal reasoning

Answer 29

A judge harmonizes his or her opinion with the judicial decisions in previous cases

Question 30

Legislative rules

Answer 30

An administrative agency rule that carries the same weight as a congressionally enacted statute

Question 31

Liability

Answer 31

State of being legally responsible (liable) for something, such as a debt or obligation

Question 32

Majority opinion

Answer 32

Court opinion that represents the views of the majority of judges or justices

Question 33

National law

Answer 33

Pertains to a particular nation

Question 34

Natural law

Answer 34

Oldest school of legal thought: the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature

Question 35

Ordinance

Answer 35

Regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law

Question 36

Per curiam opinion

Answer 36

Court opinion that doesn’t indicate which judge or justice authored the opinion

Question 37

Persuasive authority

Answer 37

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

Question 38

Plaintiff

Answer 38

One who initiates a lawsuit

Question 39

Plurality opinion

Answer 39

Court opinion that is joined by the largest number of judges hearing the case, but is less than half of the total number

Question 40

Precedent

Answer 40

Court decision that furnishes an example or authority for deciding future cases involving identical or similar facts

Question 41

Primary source of law

Answer 41

Establishes the law on a particular issue such as a constitution, statute, administrative rule, or court decision

Question 42

Procedural law

Answer 42

Establishes the methods of enforcing the rights established by substantive law

Question 43

Remedy

Answer 43

Relief given to an innocent party to enforce a right or compensate for the violation of a right

Question 44

Rulemaking

Answer 44

Process by which an administrative agency formally adopts a new regulation or amends or removes an old one

Question 45

Secondary source of law

Answer 45

Publication that summarizes or inteprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

Question 46

Stare decisis

Answer 46

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

Question 47

Statutory law

Answer 47

Body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

Question 48

Substantive law

Answer 48

Defines, describes, regulates, and creates legal rights and obligations

Question 49

Uniform laws

Answer 49

Model laws developed by the National Conference of Commissioners in Uniform State; Laws for the states to consider enacting into statute