BLA Chapter 1 (AI Created Flashcards)

What does Article 6 of the Constitution state?

It establishes that the Constitution is the supreme law of the land.

Define statutory law.

Written laws passed by a legislature.

What is the role of the legislative branch?

To write the laws in federal (Congress) and state (General Assembly) levels.

What is the purpose of administrative law?

To create rules and regulations by administrative agencies.

What is a statute?

A product created when Congress or a General Assembly writes laws.

What is common law?

Law that develops from real cases and judges' decisions.

What is the commerce clause?

It gives Congress the authority to regulate commerce among several states.

What are the four primary sources of law in the United States?

U.S. Constitution, statutory law, regulations by administrative agencies, and case law.

What does 'stare decisis' refer to?

A doctrine where judges are obligated to follow established precedents.

Define plaintiff.

The person bringing a lawsuit.

Define defendant.

The person being sued.

What is the Bill of Rights?

The first 10 amendments to the Constitution, guaranteeing individual freedoms.

What is the main purpose of the supremacy clause?

To affirm that federal law takes precedence over state laws.

What is the definition of an ordinance?

A regulation enacted by a city or county legislative body.

Define substantive law.

Laws that define, describe, regulate, and create legal rights and obligations.

What distinguishes civil law from criminal law?

Civil law deals with rights and duties between individuals, while criminal law deals with offenses against society.

What is the term for a law created by an administrative agency?

Administrative law.

What does the term 'binding authority' mean?

Any source of law that a court must follow when deciding a case.

What is an equitable remedy?

A legal remedy provided when monetary compensation is inadequate.

What does the enabling legislation do?

It authorizes the creation of an administrative agency and specifies its powers.

What is a precedent?

A court decision that serves as authority for deciding similar cases.

What happens if a state law conflicts with a federal law?

The federal law takes precedence.

What is procedural due process?

Fair procedures must be used when the government makes decisions affecting life, liberty, or property.

What does the Fifth Amendment guarantee?

Rights related to indictment, due process, and protection from self-incrimination.

What do administrative agency rules carry the same weight as?

Congressionally enacted statutes.

Define the term 'jurisdiction.'

The area in which a court has the power to apply the law.

What is a law created by Congress called?

Statutory law.

What is the purpose of checks and balances in government?

To ensure that no one branch becomes too powerful.

What is an injunction?

An order directing a party to do or refrain from doing a particular act.