BLAW ch 1
Historical and Constitutional foundations
Terms in this set (49)
What are the primary sources of law in the United States?
*federal and state constitutions
*laws passed by federal and state legislatures
*regulations created by administrative agencies
*case law from courts
what is the common law tradition?
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
what constitutional clause gives the federal government the power to regulate commercial activities among the various states?
the commerce clause
what constitutional clause allows laws enacted by the federal government to take priority over conflicting state laws?
the supremecy clause
what is the bill of rights? what freedoms are guaranteed by the First Amendment?
the bill of rights comprises the first ten amendments to the Constitution. the first amendment guratantees freedom of the press, freedom of association/assembly, freedom of expression, freedom to petition govt for redress of grievences, freedom of religion.
to render a judicial decision. in the administrative process, adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agence charges a person or firm with violating a law or regulation enforced by the agency.
a federal, state or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administrate and enforce the acts.
the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
the procedure used by administrative agencies in administering the law.
any source of law that a court must follow when deciding a case. Binding authorities included constitutions, statutes and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
the rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
a reference to a publication in which a legal authority - such as a statute or court decision - or other source can be found
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
the body of law derived from the US constitution and the constitutions of the various states
law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.
an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted on the internet.
one against whom a lawsuit is brought, the accused person in a criminal proceeding.
due process clause
the provisions in the 5th and 14th Amendments guaranteeing that no person shall be deprived of life, liberty, or property without due process of law. similar clauses are found in most state constitutions.
a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose and powers of the agency created.
equal protection clause
the provision in 14th Amendment guaranteeing that no state will "deny any person within its jurisdiction the equal protection of the laws". This clause mandates that the state governments must treat similarly situated individuals in a similar manner.
equitable principals and maxims
general propositions or principals of law that have to do with fairness (equity).
The provision in the First Amendment to the Constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.
federal form of government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.
A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
free exercise clause
The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship.
The law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law.
the science or philosophy of law
A body of enforceable rules governing relationships among individuals and between individuals and their society.
an administrative agency rule that carries the same weight as a congressionally enacted statute.
A key word in a document that can serve as an index reference to the document. On the web, search engines return results based, in part, on these tags in Web documents.
Law that pertains to a particular nation (as opposed to international law).
A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.
Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.
the party that initiates a lawsuit
Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
primary source of law
A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.
Law that establishes the methods of enforcing the rights established by substantive law.
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rulemaking involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
secondary source of law
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
statue of limitations
a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enacted.
..., The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
Law that defines, describes, regulates, and creates legal rights and obligations
The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
..., Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.
..., A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.