quiz 1 Flashcards
(32 cards)
a body of principles that establishes the structure of government and the relationship of the government to the people who are governed
constitution
the rules and regulations parties agree to as part of their contractual relationships
private law
rules made by state and federal administrative agencies
administrative law
law that includes principles that are expressed for the first time in court decisions
case law
legislative acts declaring , commanding, or prohibiting something
statutory law
a decision of a court that stands as the law for a particular problem in the future
precedent
the power of a court to hear and determine a given class of cases; the power to act over a particular defendant
jurisdiction
taking a case to a reviewing court to determine whether the judgment of the lower court or administrative
agency was correct
appeal
the initial pleading filed by the plaintiff in many actions, which in many states may be served original process to acquire jurisdiction over the defendant
complaint
what a defendant must file to admit or deny facts asserted by the plaintiff
answer
a pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or a defense; a request to the court to dismiss the lawsuit
motion to dismiss
procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
discovery
the preliminary examination of a juror or a witness to ascertain fitness to act as such: jury selection
voir dire
a court’s declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct
mistrial
the power to govern; the power to adopt laws for the protection of the public health, welfare, safety, and morals
police power
a law making criminal an act that was lawful when done or that increases the penalty when done. Such laws are generally prohibited by constitutional provisions
ex post facto
powers expressly granted the national government by the constitution
delegated powers
name the five 1st amendment protections
freedom of speech, freedom of religion, freedom of the press, right to assemble, right to petition the government
a strict constructionist interpretation of a constitution
bedrock view
the term used when a constitution is interpreted according to changes in conditions
living-document view
that section of the US Constitution allocating business regulation between federal and state governments
commerce clause
“to regulate commerce with foreign nations, and among the several states and with the Indian tribes”
commerce clause
a guarantee of protection against the loss of property or rights without the chance to be heard
due process clause
a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens in the state
privileges and immunities clause
