Flashcards in Chapter 6 Intro to Legal System Deck (83)
The division of powers between the federal government and the state governments
The branch of government with primary responsibility for carrying out, executing or administering the laws.
The branch of government with primary responsibility for making or enacting the law.
The Branch of government with primary responsibility for interpreting laws by resolving disputes that arise under them.
Principles inherit in customs and societal values that are embodied in a law.
A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute.
A law passed by the state or federal legislature that declares, commands or prohibits something.
The fundamental law that creates the branches of government, allocates power among them, and defines some basic rights of individuals.
A law written by an administrative agency designed to explain or carry out the statutes, executive orders or other regulations that govern the agency
An administrative agencys resolution of a controversy involving the application of the regulations, statutes or executive orders that govern the agency.
The fundamental law of a municipality or other local unit of government authorizing it to perform designated governmental functions.
A law passed by the local legislative branch of government that declares, commands or prohibits something..
The procedural laws that govern the mechanics of litigation before a particular court.
Rules of Court
A law issued by the chief executive pursuant to specific statutory authority or to the executives inherit authority to direct the operations of governmental agencies.
A formal agreement between two or more nations
Formal legal advice given by the chief law officer of the government to another government official or agency.
Opinion of the Attorney General
An allocation of governmental powers whereby one branch of government can block, check or review what another branch wants to do (or has done) in order to maintain a balance of power among the legislative, executive and judicial branches.
Checks and Balances
The power of a court to determine the constitutionality of a statute or other law, including the power to refuse to enforce it if the court concludes that it violates the constitution.
(1) Court opinions of all case law (2) the legal system in England and of those countries such as the US whose legal system is based on Englands
(3) The case law and statutory law in England and the American colonies before the American Revolution. (4) Judge made law in the absence of controlling statutory law or other higher law.
The legal systems of many Western European countries (other than England) that places a greater emphasis on statutory or code law than do countries (such as England and the US) whose common law system places a greater emphasis on case law.
Civil Law System
All the case law and statutory law in England and in the American Colonies before the revolution.
at common law
the chief executives "silent"rejection of a bill by not acting on it within ten days of receiving it if the legislature adjourns during this period.
To supersede or change a result. To approve a bill over the veto of the cheif executive.
A rejection by the chief executive of a bill passed by legislature.
a word by word account. A written copy of oral testimony.
A proposed statute. Legislation under consideration by a legislature.
A government owned entity that is a mixture of a business corporation and a government agency created to serve a predominanetly business function in the public interest.
The court of final resort in the federal judicial system.
US Supreme Court
The main intermediate appellate court in the federal judicial system.
US Court of Appeals