Statsky Chapter 6

Front 1

Federalism

Back 1

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

Front 2

Legislative Branch

Back 2

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

Front 3

Executive Branch

Back 3

The branch of government with primary responsibility for carrying out, excuting, or administering the law.

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Judicial Branch

Back 4

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

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Public Policy

Back 5

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

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Opinion

Back 6

A court's written explination of how it applied the law to the facts before it to resolve a legal dispute. Also called a case. (The word Case has two other meanings, a pending matter on a court calendar and a client matter handled by a law office)

Front 7

Statute

Back 7

A law passed by the state or federal legislature that declares, commands, or prohibits something. Also called an Act or Legislation. (statute, act and legislation are sometimes used in a broader sense to include laws passed by any legislature, which would include ordinances passed by a a city council)

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Constitution

Back 8

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

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Administrative regulation

Back 9

A law written by an administrataive agency designed to explain or carry out the statutes, executive orders, or other regulations that govern the agency. Also called an Administrative Rule.

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Administrative decision

Back 10

An administrative Agency's resolution of controversy (following a hearing) involving the application of the regulations, statutes, or executive orders that govern the agency. Also called an Administrative Ruling.

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Charter

Back 11

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

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Ordinance

Back 12

A law passed by the local legislative branch of government (eg city council) that declares, commands, or prohibits something. (same as statue, but at the local level of government) See Statute on the broader meaning of statue and legislation

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Rules of Court (court rules)

Back 13

The procedural laws that govern the mechanics of litigation (practice and procedure) before a particular court. Also called court rules.

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executive order

Back 14

A law issued by the cheif executive pursuant to specific statutory authority to direct the operations of governmental agencies.

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Treaty

Back 15

A formal agreement between two or more nations. Also called a convention

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Opinion of the attorney general

Back 16

Formal legal advice given by the chief law officer of the government to another government official or agency. (technically, this is not a category of law, but it is often relied on as a source of law)

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Checks and balances

Back 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 amoung the legislative, executive and judicial branches.

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Judicial review

Back 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 constitiution

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Common Law

Back 19

(1) Court opinions; all of case law. (2) The legal system of England and of those countries such as the United states whose legal system is based on England's (3) The case law and statutory law of England and in the American colonies before the American Revolution. (4) Judge-made law in absence of controlling statutory law or other higher law.

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Civil law system

Back 20

The legal system 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 United States) whose common law system places a greater emphasis on case law.

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At common law

Back 21

All the case law and statutory law in England and in the American colonies before the Revolution.

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Precedent

Back 22

A prior decision covering a similar issue that can be used as a standard or guide in later cases.

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Stare Decisis

stär-ē-di-ˈsī-səs

Back 23

("stand by things decided") Courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. In resolving an issue before it, a court should be reluctant to reject precident - a prior opinion covering a similar issue

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Cause of Action

Back 24

A legally acceptable reason for suing. Facts that agive a party the right to judicial relief

Front 25

derogation

der-ə-ˈgā-shən

Back 25

A partial repealing or abolishing of a law, as by a subsequent act that liimits its scope or force

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consideration

Back 26

A bargained-for promise, act, or forbearance. Somethiing of value exchanged between parties.

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Adversarial

Back 27

Involving conflict or adversaries

Front 28

Adversary System

Back 28

A method of resolving a legal dispute whereby the parties (alone or through thier advocates) argue their conflicting claims before a neutral decision maker.

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Inquisitorial system

Back 29

A method of resolving a legal dispute in some civil law countries in which the judge has a more active role in questioning the witnesses and in conduction the trial than in an adversary system

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Equity

Back 30

Justice administered according to fairness in a particular case, as contrasted with strictly formalized rules once followed by common law courts.

Front 31

Specific performance

Back 31

An equitable remedy that orders the performance of a contract according to the precise terms agreed upon by the parties.

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Injunction

Back 32

An equitable remedy that orders a person or organization to do or to refrain from doing something

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Constitutional Court

Back 33

A court created within the Constitiution. (At the federal level, they are called Artical III courts because they are created within Artical III of the US constitution)

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Legislative Court

Back 34

A court created by the legislature. (At the federal level they are called Artical I courts because Artical I of the US Constitution gives Congress the authority to create special courts.)

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Jurisdiction

Back 35

(1) The power of a court to decide a matter in controversy (2) The geographic area over which a particular court system or other government unit has authority (3) The scope of power or authority that a person or entity can exersize.

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Adjudicate

Back 36

To hear and resolve a legal matter judicially. To judge. The noun is adjudication; the adjective is adjudicative

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Personal jurisdiction

Back 37

A court's power over a person to adjudicate his or her personal rights

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In rem jurisdiction

Back 38

A court's power over a particular thing or status ("res") located within the territory over which the court has authority.

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quasi-in-rem jurisdiction

Back 39

A court's power over a person, but restricted to his or her specific interest in property within the territory over which the court has authority.

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Subject matter jurisdiction

Back 40

The court's power to resolve a particular kind or category of dispute.

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Limited Jurisdiction

Back 41

The court's power to hear only certain kinds of cases, Also called special jurisdiction

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General Jurisdiction

Back 42

The power of a court to hear any kind of civil or criminal case, with certain exceptions.

Front 43

State questions

Back 43

Issues that arise from or are based on the state constitution, state statutes, state administrative regulations, state common law, or other state laws.

Front 44

Federal questions

Back 44

Issues that arise from or are based on the federal constitution, federal statues, federal administrative regulations, or other federal laws.

Front 45

Concurrent Jurisdiction

Back 45

The power of a court to hear a particular kind of case, along with other courts that could also hear it.

Front 46

Exclusive Jurisdiction

Back 46

The power of a court to hear a particular kind of case to the exclusion of other courts.

Front 47

original jurisdiction

Back 47

The power of a court to be the first to hear a case before it is reveiwed by another court

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Appelate jurisdiction

Back 48

The power of an appellate court to review and correct the decisions of a lower tribunal.

Front 49

review

Back 49

The power of a court to examine the correctness of what a lower tribunal has done. (short for Judicial Reveiw)

Front 50

wit of certiorari (cert.)

(sersh-oh-rare-ee)

Back 50

An order (or writ) by a higher court that a lower court send up the record of a case because the higher court has decided to use its discretion to review that case.

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inferior court

Back 51

A trial court of limited or special jurisdiction. (A broader meaning of inferior court is any court that is sub-ordinated to the court of final resort.)

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appellate brief

Back 52

A document submitted (filed) by a party to an appellate court (and served on the opposing party) in which arguments are presented on why the appellate court should affirm (approve), reverse, or otherwise modify what a lower court has done.

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panel

Back 53

A group of judges, usually three, who decide a case in a court with a larger number of judges.

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En Banc

(Also spelled in banc and en bank)

Back 54

By the entire court. (french for in the bench)

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Court of final resort

Back 55

The highest court within a judicial system.

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US District Court

Back 56

The main trail court in the federal judicial system

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Diversity of citizenship

Back 57

The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. This diversity gives jurisdiction to a US District Court

Front 58

US Court of Appeals

Back 58

The main intermediate appellate court in the federal judicial system.

Front 59

US Supreme Court

Back 59

The court of final resort in the federal judicial system.

Front 60

administrative agency

Back 60

A governmental body, other than a court or legislature, that carries out (ie administers or executes) the statutes of the legislature, the executive orders of the chief executive, and its own regulations.

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executive department agency

Back 61

An administrative agency that exists within the executive branch of government, often at the cabinet level

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Cause

Back 62

A legally sufficient reason to do something. Sometimes referred to as just cause or good cause.

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independent regulatory agency

Back 63

An administrative agency that regulates an aspect of society. It often exists outside the executive branch of the government.

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quasi-independent regulatory agency

Back 64

An administrative agency that has characteristics of an executive department agency and an independent regulatory agency.

Front 65

government corporation

Back 65

A government-owned entity that is a mixture of business corporation and a government agency created to serve a predominantly business function in the public interest.

Front 66

quasi-legislation

Back 66

An administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature

Front 67

quasi-adjudication

Back 67

An administrative decision written by an administrative agency that has some characteristics of an opinion written by a court.

Front 68

administrative law judge (ALJ)

Back 68

A government officer who presides over a hearing at an administrative agency.

Front 69

exhaust administrative remedies

Back 69

To go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did.

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Administrative Procedure Act (APA)

Back 70

The statute that governs procecures before federal administrative agencies. many states have their own APA for procedures before state administrative agencies.

Front 71

Bill

Back 71

A proposed statue. Legislation under consideration by legislature. (occasionally bill means a statute, eg GI Bill.)

Front 72

Bicameral

bī-ˈkam-(ə-)rəl

Back 72

having two houses or chambers in legislature
(camera - chamber)

Front 73

unicameral

yü-ni-ˈkam-rəl

Back 73

Having one house or chamber in the legislature

Front 74

Legislative history

Back 74

Hearings, debates, amendements, commitee reports, and all other events that occur in the legislature before a bill is enacted into a statute.

Front 75

Initiative

Back 75

The electoriate's power to propose and directly enact a statute or change in the constitution or to force the legislature to vote on the proposal

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Referendum

Back 76

The electoriate's power to give final approval to an existing provision of the constitution or statute of the legislature.

Front 77

session

Back 77

(1) A continuous setting of legislature or court. (2) Any time in the day during which such a body sits.

Front 78

Transcript

Back 78

A word-for-word account. A written copy of oral testimony. (transcribed means taken down in a word-for-word accout.)

Front 79

engrossed bill

Back 79

The version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes

Front 80

conference committee

Back 80

A temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed.

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enrolled bill

Back 81

A bill that is ready to be sent to the chief executive after both chambers of the legislature have passed it.

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Veto

Back 82

A rejection by the chief executive after both chambers of the legislature have pased it.

Front 83

Override

Back 83

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

Front 84

Pocket veto

Back 84

The chief executive's "silent" rejection of an bill by not acting on it within ten days of receiving it if the legislature adjorns during this period.