Exam 1 Ch. 1-3 Key Terms PAL 3013

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Administrative Agency


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81 Terms

Administrative Agency

a federal, state, or local government agency established to perform a specific function

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

adversarial system

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law

Bill of Rights

The first ten amendments to the Constitution

The first ten amendments to the Constitution

1.freedom speech, religion, press, assembly, petition 2.bear arms 3.no quartering soldiers 4.no unreasonable search and seizure 5.fair trial, protection against self incrimination, due process, no double jeopardy 6.right to speedy trial in criminal procedures, right to lawyer 7.right to trial in civil cases 8.no excessive punishment or bail 9.people have rights not listed 10.any power not delegated to federal government are reserved for the states


list of cases awaiting trial or settlement (docket)

case law

law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations


something that brings about an effect or result [the negligent act which was the of the plaintiff's injury]

Civil Law

A legal system based on a written code of laws


an organized list of laws and rules

Code of Procedure

A section of FINRA (Financial Industry Regulatory Authority) rules. It describes the procedure to be used when dealing with violations or complaints related to the Conduct Rules

Common Law

a system of law based on precedent and customs


a binding agreement between two or more persons that is enforceable by law

de jure

literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s

de novo

Latin, meaning "anew." a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.


a condition in which people receive from a relationship in proportion to what they give to it


A bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.


a person who holds assets in trust for a beneficiary

in camera

in private, in particular taking place in the private chambers of a judge, with the press and public excluded.

in personam

Literally, "against the person." refers to courts' power to adjudicate matters directed against a party

in rem

From Latin, "against a thing." Concerning the status of a particular piece of property. refers to the power of a court over an item of real or personal property


a breaking of a law or obligation


An order which legally prevents something

inquisitorial system

trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses

Irrational Law

System in which the outcome of a case is not based on general principles and is thus unpredictable.

legislative supremacy

an alternative to judicial review, the acceptance of legislative acts as the final law of the land (Article VI, Paragraph 2 consitution)


legally responsible


a person involved in a lawsuit

Natural Law

God's or nature's law that defines right from wrong and is higher than human law


a local law

orginial jurisdiction

the power to hear a case for the first time


to reverse the ruling of a lower court


a formal request


a person who brings a case against another in a court of law.

Postive Law

human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group

Legal Positivism

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.


an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Private Law

regulates disputes between private individuals or groups

legal privilege

protects all communications between a professional legal advisor and his or her client

pro se

Representing oneself. Serving as one's own lawyer.

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law.

Ratio decidendi

The court's reasoning for its decision.

Rational Law

methods of legal reasoning to create law

legal remedy

In common law, a legal remedy consisted of money damages only.

res judicata

"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.

rules of evidence

Court rules that govern the admissibility of evidence at criminal hearings and trials.


The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Specific Performance

specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party