Term
|
Definition
- common law
- constitutional law
- statutory law
- administrative law
- executive actions
- law of equity
|
|
|
Term
|
Definition
| the body of law developed from custom and tradition as recognized by judicial decisions. Common law is largely based on previous court decisions |
|
|
Term
|
Definition
| law based directly on ideas layed about by the constitution |
|
|
Term
|
Definition
| the law made by statues passed by legislative bodies |
|
|
Term
|
Definition
| rules and decisions of administrative agencies such as the Federal Communications Commission and the Federal Trade Commision |
|
|
Term
|
Definition
| the President and othe rgovernmental executives make these laws |
|
|
Term
|
Definition
| is related to the idea of common law. Citizens can petition that the governement do right for the sake of doing right. This leaves judges to use discresion and act fairly and appropriately |
|
|
Term
|
Definition
| The doctrine that allows the federal government to preclude local or state governments from regulating a specific activity |
|
|
Term
|
Definition
| A formal process of making administrative law used by such agencies as the Federal Communications Commission and the FTC. An agency must publish a proposed rule in the Federal Register and review comments. The rule as finally adopted must also be published. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| An established rule of law set by a previous court opinion. A precedent for an individual case is the authority relied on for the disposition of the case. The precedent usually comes from a case involving similar facts and raising similar issues as the case at hand. |
|
|
Term
|
Definition
| a policy that says, "let past decisions stand." The foundation of common law |
|
|
Term
|
Definition
| A party in a lawsuit. A participant in litigation |
|
|
Term
| nature of constitutional law |
|
Definition
supreme
hard to ammend
bill of rights
first amendment
14th amendment |
|
|
Term
| examples of statutory law |
|
Definition
FCC Act
FTC Act
Copyright Act
SEC Act
Obscenity statutes
freedom of information laws
libel statutes
conflict with the constitution
preemption
privacy statutes |
|
|
Term
| agencies in administrative law |
|
Definition
Federal Communications Commission
Federal Trade Commission
Securities and Exchange Commission
Federal Election Commission
Food and Drug Administration
Copyright Office
|
|
|
Term
|
Definition
flexible precedent
based on custom
stare decisis
different from constitutional |
|
|
Term
|
Definition
injunctions
prior restraint |
|
|
Term
| What does the Federal Communications Commission (FCC) do? |
|
Definition
makes political broadcasting rules
makes indecency regulations
makes children's television regulations
(regualtes radio, TV, cable, satellite, and telephone) |
|
|
Term
What does the Federal Election Commission regulate?
|
|
Definition
contribution limits and prohibitions
disclosure of campaign finances
campaign expenditures
(regulates federal elections) |
|
|
Term
| What does the Federal Trade Commission regulate? |
|
Definition
deceptive advertising
product labeling
unfair consumer practices
children's online privacy
tobacco health warnings
(regulates advertising and telemarketing) |
|
|
Term
What does the Food and Drug Administration regulate?
|
|
Definition
prescription drug advertising
medical device advertising
food
drug
cosmetic labels
(regulates food, drugs, medical devices, and cosmetics) |
|
|
Term
What does the Securities and Exchange Commission do?
|
|
Definition
insider trading
false.misleading information
(regulates securities brokers, investment advisors, stock exchanges) |
|
|
Term
|
Definition
| a court that reviews the actions of a lower court after an appeal by one of the parties in a case. Appellate courts consider only errors of law or legal procedure and do not reevaluate the facts of a case |
|
|
Term
|
Definition
|
|
Term
|
Definition
| asking a higher court to review a lower court's decision |
|
|
Term
|
Definition
| when an appellate court sends an appellate case back to the lower court and tells the lower court to make a decision in line with the higher court's opinion |
|
|
Term
|
Definition
| when all the judges decide on a case |
|
|
Term
|
Definition
| a writ asking the Supreme Court to review a topic from the lower court |
|
|
Term
|
Definition
| an opinion written by a judge explaining why the judge agreed with other judges |
|
|
Term
|
Definition
| an explanation as to why a judge disagreed with the majority of the court's decision |
|
|
Term
|
Definition
| the opinion that is supported by more justices than any other opinion in a single case but not supported by a majority of the justices |
|
|
Term
|
Definition
| restriction of publication of something before it is published or broadcasted. The Supreme Court favors punishment after the fact rather than prior restraint |
|
|
Term
|
Definition
| an opinion issued by and for an entire court rather than just the judge |
|
|
Term
|
Definition
| the duty of one side of a case to prove the facts of that side |
|
|
Term
|
Definition
| something you win during a civil case like money |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| it gets rid of the need for a trial. the judge says there are no disputable facts |
|
|
Term
|
Definition
| the information gathering process |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| the person fightin the appeal |
|
|
Term
|
Definition
|
|
Term
|
Definition
| an accusation issued by a grand jury that charges an individual with a crime and requires the person to stand trial |
|
|
