Real Estate Law - Structure of U.S. Government and Sources of Law

Vocabulary flashcards covering the levels and branches of U.S. government, sources of law, executive authority, and their application to real estate law.

Federalist System

A governmental structure in which power is shared between the federal or national government and subnational governments, such as states or provinces.

Tenth Amendment

A constitutional amendment establishing that powers not granted to the federal government are generally reserved to the states or to the people.

Police Power

The broad authority possessed by state governments to pass laws and regulations concerning the health, safety, and welfare of their citizens.

Delegated Power

Authority granted to local governments (cities, towns, counties) by the state government, as local governments do not derive power directly from the U.S. Constitution.

Executive Branch

The branch of government whose fundamental function is to enforce the law, consisting of executives (President, Governor, Mayor) and administrative departments and agencies.

Legislative Branch

The branch of government whose fundamental function is to make and enact laws, known as statutes.

Judicial Branch

The branch of government that interprets the law and resolves legal disputes through court decisions.

Statutory Law

Laws enacted directly by legislative bodies, such as statutes passed by Congress or state legislatures.

Administrative Law

Rules and detailed regulations created by executive branch administrative agencies to implement and enforce statutory laws.

Case Law / Common Law

Legal principles developed through judicial decisions when courts interpret laws and establish precedents.

Stare Decisis

The legal principle that prior court decisions create precedent, which future courts generally look to and follow when resolving similar legal issues.

Contract

An agreement between private parties that creates legally enforceable obligations, serving as a source of privately created law.

Implied Powers

Authority not expressly detailed in the Constitution, but carried with an expressly granted constitutional responsibility in order to perform that responsibility.

Checks and Balances

A constitutional framework where separate branches of government hold distinct responsibilities allowing them to review and limit the authority of other branches.

Interstate Commerce Power

The federal government's constitutional authority to regulate commerce across state lines, through which it regulates aspects of banking, financing, and real estate loans.