Term
|
Definition
| Body of enforceable rules governing relationships btwn individuals and btwn individuals and society |
|
|
Term
|
Definition
|
|
Term
|
Definition
| denotes a system of moral and ethical principles that are inherent in human nature. Oldest and one of the most significant schools of legal thought. |
|
|
Term
|
Definition
| aka national law. the written law of a given society at a particular point in time which applies only to the citizens of that country or society |
|
|
Term
|
Definition
| school of thought that believes there is no law higher than the laws created by a nat'l gov't. laws must be followed to prevent anarchy. |
|
|
Term
|
Definition
| emphasizes the evolutionary process of law. concentrates on the origin and history of the legal system. Followers are more likely to make decisions based on precedence. |
|
|
Term
|
Definition
| originated during 1920's. Believe law should be shaped by social forces and needs. Believe law can never be applied w/ total uniformity (each judge is different) |
|
|
Term
|
Definition
| views law as a way to promote justice in society, ex: civil rights in the 1960's |
|
|
Term
|
Definition
a source that establishes the law. Includes:
US constitution and state constitutions
statutes (laws) passed by the legislative branches
regulations created by agencies (ex:FDA)
Case Law(court decisions) |
|
|
Term
|
Definition
| a publication that summarizes/clarifies the primary sources. ex:legal encyclopedias |
|
|
Term
|
Definition
| The laws derived from the US and different state constitutions. US constitution is the supreme law of the land (its the basis of all law in the US) |
|
|
Term
|
Definition
| gives the states all powers not granted to the federal gov't |
|
|
Term
|
Definition
| body of law enacted by legislative bodies at any level of gov't |
|
|
Term
|
Definition
consists of the rules, orders, and decisions of administrative agencies
ex: FDA, EPA |
|
|
Term
|
Definition
| exist w/in the cabinet departments of the exec branch. Subject to the authority of the president (appoints and removes officers) |
|
|
Term
| Independent regulatory agencies |
|
Definition
not part of the executive branch. Officers serve fixed terms and can't be removed w/out just cause
ex:SEC, Fed Trade Commission |
|
|
Term
|
Definition
| specifies the name, composition, purpose, and powers of the agency being created |
|
|
Term
|
Definition
to resolve judicially.
Adjudication is the trial-like proceeding in which and administrative law judge decides on issues relating to an agency |
|
|
Term
|
Definition
| procedure used by administrative agencies in the administration of law |
|
|
Term
|
Definition
| one of the major functions of an administrative agency. Creating/modifying rules in accordance w/ its enabling legislation |
|
|
Term
| Administrative Law Judge(ALJ) |
|
Definition
| One who presides over and administrative agency hearing. They hear the facts of the case and makes a decision |
|
|
Term
|
Definition
the rules of law announced in court decisions. Covers everything not part of statutory law or administrative law.
Part of the common law tradition |
|
|
Term
|
Definition
| body of law created by the accumulation of precedent in cases. The US follows the common law system |
|
|
Term
|
Definition
| "let the decision stand" judges are obligated to follow the precedents established in earlier cases |
|
|
Term
|
Definition
any source of law that a court must follow when deciding a case
ex:constitutions, statues, precedents |
|
|
Term
|
Definition
| Any legal authority or source of law that a court can look to for guidance, but doesn't need to rely on for a decison. Include cases from other jurisdictions and secondary sources of law |
|
|
Term
|
Definition
means given to a party to enforce a right or to compensate for the violation of a right
ex: paying victim a certain amt after an accident |
|
|
Term
|
Definition
| A body of law that addresses concerns outside the jurisdiction of the common law. for example, issuing restraining orders or injunctions |
|
|
Term
|
Definition
| Law that defines, describes, regulates, and creates legal rights and obligations |
|
|
Term
|
Definition
| Laws that establish the methods of enforcing the rights established by substantive law |
|
|
Term
|
Definition
regulates the rights and duties of parties
one private party sues another private party
goal is to obtain compensation
guilt is not determined
burden of proof is lower |
|
|
Term
|
Definition
deals w/ dangerous behavior outlawed by society
gov't prosecutes the accused
guilt is determined
burden of proof must be beyond a reasonable doubt |
|
|
