Chapter 1 Flashcards

1
Q

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

A

Adjudicate

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2
Q

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

A

Administrative Agency

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3
Q

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

A

Administrative Law

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4
Q

The procedure used by administrative agenices in fulfilling their basic functions: rulemaking, enforcement, and adjudication

A

Administrative Process

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5
Q

To state, recite, assert, or charge

A

Allege

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6
Q

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

A

Binding Authority

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7
Q

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

A

Case Law

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8
Q

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

A

Case on Point

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9
Q

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

A

Citation

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10
Q

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to crimal matters

A

Civil Law

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11
Q

A system of law derived from Roman law that is based on codified laws (rather than on case precedents)

A

Civil Law System

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12
Q

The body of law developed from customer or judical decisions in English and U.S. courts, not attributable to a legislature

A

Common Law

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13
Q

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

A

Concurring Opinion

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14
Q

The body of law derived from the U.S. Constititution and the consittuions of the various states

A

Constitutional Law

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15
Q

The branch of law that defines and punishes wrongful actions commited against the public

A

Criminal Law

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16
Q

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

A

Cyberlaw

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17
Q

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

A

Defendant

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18
Q

A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision

A

Dissenting Opinion

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19
Q

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

A

Enabling Legislation

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20
Q

General propositons or principles of law that have to do with fairness (equity)

A

Equitable Maxims

21
Q

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

A

Historical School

22
Q

The law that governs relations among nations

A

Inernational Law

23
Q

Nonbinding rules or policy statements issued by an adminstrative agency that explain how it interprets and intends to apply the statutes it enforces

A

Interpretive Rules

24
Q

The science of philosphy of law

A

Jurisprudence

25
A body of enforceable rules governing relationships among individuals and between individuals and their society
Law
26
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy
Legal Positivism
27
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 account
Legal Realism
28
The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisons in pervious cases
Legal Reason
29
An administrative agency rule that carries the same weight as a congressionally enacted statute
Legislative Rules
30
The state of being legally responsible (liable) for something, such as a debt or obligation
Liability
31
A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case
Majority Opinion
32
Law that pertains to a particular nation (as opposed to international law)
National Law
33
The oldest school of legal thought, based on the belief that the legal system should reflect universal moral and ehtical principles that are inherent in human nature
Natural Law
34
A regulation enacted by a city or county legislative body that becomes part of that city's or country's statutory law
Ordinance
35
A court opinion that does not indicate which jduge or justice authored the opinion
Per Curiam Opinion
36
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision
Persuasive Authority
37
One who initiates a lawsuit
Plaintiff
38
A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number
Plurality Opinion
39
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Precedent
40
A source that establishes the law on a particular issue, such as a sonstitution, a statute, an administrative rule, or a court decision
Primary Source of Law
41
Law that establishes the methods of enforcing the rights established by substatntive law
Procedural Law
42
The relief given to an innocent party to enforce a right or compensate for the violation of right
Remedy
43
The process by which an administrative agency formally adopts a new regulation or amends or removes an old one
Rulemaking
44
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in law review
Secondary Source of Law
45
A common law dontrine under which judges are obligated to follow the precedents established in prior decision
Stare Decisis
46
The body of law enacted by legislative bodies (as opposed to constitutioanl law, administrative law, or case law)
Statutory Law
47
Law that defines, describes, regulates, and creates legal rights and obligations
Substantive Law
48
Model laws developed by the National Conference of Commissioners on Uniform State Laws for the states to consider eneacting into statute
Uniform Laws