Shared Flashcard Set

Details

chapter 12 Finding and Interpreting Statutory Law
LES
25
Law
Undergraduate 1
12/16/2010

Additional Law Flashcards

 


 

Cards

Term
Citation
Definition
A statutoy citation is a formalized method for referring to a statute's chapter (or title) and section number
Term
Slip Laws
Definition
a form in which statutes are published; they are printed individually at the time they are firs enacted
Term
Statutes at lard or Session Laws
Definition
the chronological publication of statutes at the end of a legislative session
Term
Code
Definition
A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment
Term
Annotated Statutes
Definition
a privately published statutory code that includes editorial features such as summaries of court opinions that have interpreted the statutes
Term
Statutory Element
Definition
a separatable part of a statute that must be satisfied for the statute to apply
Term
Issue
Definition
when the law is applied to the client's facts and the result is not obvious, an issue is created
Term
Legislative Intent
Definition
the purpose of the legislature at the time it enacted the statute
Term
Plain Meaning
Definition
a method for interpreting statutes in which the ordinary meaning of the statutes's language is examined.
Term
Canons of Construction
Definition
General principles that guide the courts in their interpretation of statutes
Term
Ejusdem Generis
Definition
A canon of construction "of the same class."
Term
Strict Construction
Definition
an approach whereby the courts give a statute a narrow interpretation
Term
Statute in Derogration of the Common Law
Definition
a statute that changes the common law
Term
Remedial Statute
Definition
A statute enacted to correct a defect in prior law or to provide a remedy where non existed
Term
Liberal Construction
Definition
An approach whereby the courts the give a statute a broad interpreation
Term
Legislative history
Definition
the background documents created during the process of a bill becoming a statute. these documents can include alternative versions of the legislation, proceedings of committee hearings and reports, and transcripts of floor debates
Term
Judicial Restraint
Definition
a judicial philosophy that supports a limited role of for the judiciary in changing the law, including deference to the legislative branch
Term
Judicial Activism
Definition
a judicial philosophy that supports an active role for the judiciary in changing the law
Term
Road map Paragraph
Definition
a introductory paragraph listing issues to be discussed in the order they are to be discussed
Term
Transition
Definition
In writing, a technique used to help your reader move from one thought to the next and see the connection between them.
Term
concluding paragraphs
Definition
the final paragraph in a written legal analysis that summarizes the writer's conclusions
Term
Code of Federal Regulations (C.F.R)
Definition
a compilation of federal administrative regulations arranged by agency
Term
Block Grant
Definition
a sum of money that is given by the national gov't to a state to be used for a broad general purpose
Term
amiscus curiae briefs
Definition
lawyers or lobbietsts write a brief trying to convince the supreme court judges to take a case
Term
Political Action Committees
Definition
Started by a group of people who are supporting a similar political cause
Supporting users have an ad free experience!