Chapter 1 Flashcards
To render a judicial decision. The trial-like proceeding in which an administrative law judge bears and resolves disputes involving an administrative agency’s regulations
Adjudicate
A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertianing to the environment
Administrative Agency
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Administrative Law
The procedure used by administrative agenices in fulfilling their basic functions: rulemaking, enforcement, and adjudication
Administrative Process
To state, recite, assert, or charge
Allege
Any source of law that a court must follow when deciding a case
Binding Authority
The rules of law announced in court decisions; interprets statutes, regulations, and constitutional provisions, and governs all areas not covered by statutory or administrative law
Case Law
A previous case involving factural circumstances and issues that are similar to those in the case before the court
Case on Point
A reference to a publication in which a legal authority - such as a statute or a court decision - or other source can be found
Citation
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to crimal matters
Civil Law
A system of law derived from Roman law that is based on codified laws (rather than on case precedents)
Civil Law System
The body of law developed from customer or judical decisions in English and U.S. courts, not attributable to a legislature
Common Law
A court opinion by 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
Concurring Opinion
The body of law derived from the U.S. Constititution and the consittuions of the various states
Constitutional Law
The branch of law that defines and punishes wrongful actions commited against the public
Criminal Law
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet
Cyberlaw
One against whom a lawsuit in brought of the accused person in a criminal proceeding
Defendant
A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision
Dissenting Opinion
A statute enacted by Congress that authorizes the creation of an administrative agency and specifiies the name, composition, and powers of the agency being created
Enabling Legislation
General propositons or principles of law that have to do with fairness (equity)
Equitable Maxims
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Historical School
The law that governs relations among nations
Inernational Law
Nonbinding rules or policy statements issued by an adminstrative agency that explain how it interprets and intends to apply the statutes it enforces
Interpretive Rules
The science of philosphy of law
Jurisprudence