Chapter 6 Intro to Legal System Flashcards Preview

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Flashcards in Chapter 6 Intro to Legal System Deck (83)
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1

The division of powers between the federal government and the state governments

Federalism

2

The branch of government with primary responsibility for carrying out, executing or administering the laws.

Executive Branch

3

The branch of government with primary responsibility for making or enacting the law.

Legislative Branch

4

The Branch of government with primary responsibility for interpreting laws by resolving disputes that arise under them.

Judicial Branch

5

Principles inherit in customs and societal values that are embodied in a law.

Public Policy

6

A courts written explanation of how it applied the law to the facts before it to resolve a legal dispute.

Opinion

7

A law passed by the state or federal legislature that declares, commands or prohibits something.

Statute

8

The fundamental law that creates the branches of government, allocates power among them, and defines some basic rights of individuals.

Constitution

9

A law written by an administrative agency designed to explain or carry out the statutes, executive orders or other regulations that govern the agency

Administrative regulation

10

An administrative agencys resolution of a controversy involving the application of the regulations, statutes or executive orders that govern the agency.

Administrative decision

11

The fundamental law of a municipality or other local unit of government authorizing it to perform designated governmental functions.

Charter

12

A law passed by the local legislative branch of government that declares, commands or prohibits something..

Ordinance

13

The procedural laws that govern the mechanics of litigation before a particular court.

Rules of Court

14

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.

Executive Order

15

A formal agreement between two or more nations

Treaty

16

Formal legal advice given by the chief law officer of the government to another government official or agency.

Opinion of the Attorney General

17

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

18

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.

Judicial Review

19

(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.

Common Law

20

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

21

All the case law and statutory law in England and in the American Colonies before the revolution.

at common law

22

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.

pocket veto

23

To supersede or change a result. To approve a bill over the veto of the cheif executive.

Override

24

A rejection by the chief executive of a bill passed by legislature.

Veto

25

a word by word account. A written copy of oral testimony.

Transcript

26

A proposed statute. Legislation under consideration by a legislature.

Bill

27

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.

Government corporation.

28

The court of final resort in the federal judicial system.

US Supreme Court

29

The main intermediate appellate court in the federal judicial system.

US Court of Appeals

30

The highest court within a judicial system

Court of Final Resort