Chapter 4-Vocab Flashcards
(19 cards)
State decisis
Let the decision stand, that is the ruling from a previous case
Common law
Judge made law
Precedent
An earlier case that decided the issue
Bystander
No duty to assist someone in peril unless you created the danger
Bill
A proposed statute submitted to congress or state legislator
Veto
The power of the president to reject legislation passed by congress
Statutory interpretation
When courts are called upon to explain precisely what the language means and how it applies in a given case
Plain meaning rule
When statues words have ordinary, everyday significance
Congressional override
When president vetoes a bill Congress has one last chance to make it a law
Enabling legislation
How Congress creates a federal agency
Legislative rules
Like statutes, agency creates law by requiring businesses or private citizens to act in a certain way
Interpretive rules
Do not change the law, they are the agency’s interpretation of what the law already requires
Informal rule making
Agency publishes a proposed rule in advance and permit the permit the public a comment period, then makes the final decision and publishes the rule
Formal rule making
Congress may require that an agency hold a hearing before promulgating rules
Subpoena
An order to appear at a particular place and time. A subpoena duces tecum requires the person to produce certain documents or things
Subpoena duces tecum
requires the person to appear and bring specified documents
Adjudicate
To hold a formal hearing about an issue and then decide it
Administrative law judge
An agency employee who acts as an impartial decision-maker
De novo decision
The power of an appellate courts or board to ignore a lower judges ruling and make its own decision
