Chapter 2: The Legal System

Federalism

A system of government in which the people are regulated by both federal and state governments.

Express Powers

Powers given to Congress that are spelling out in the Constitution.

Implied Powers

The power that Congress has to regulate that is derived from the express powers.

Commerce Clause

A section of the U.S. Constitution found in Article 1 Ş8, giving the U.S. Congress the right to regulate foreign and interstate commerce.

Police Powers

The authority of states to make laws that provide for the general health, welfare, and safety of its citizens.

Preemption

A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.

Ex post facto

"After the fact"; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred.

Jurisdiction

The power or authority to act in a certain situation; the power of a court to hear cases and render judgments.

Exclusive Jurisdiction

The sole power or authority to act in a certain situation.

Concurrent Jurisdiction

A term that describes situations where more than one entity has the power to regulate or act.

Supremacy Clause

The clause in the U.S. Constitution making the Constitution and the laws of the United States the supreme law of the land.

Bill of Rights

The first ten amendments to the Constitution.

Separation of Powers

The constitutional doctrine that each of the three branches of government has separate and distinct powers.

Checks and Balances

The constitutional doctrine that each of the three branches of government operates as a check on the powers of the other branches.

stare decisis

"It stands decided"; another term for precedent.

Constitution

A document whose primary purpose is to establish a government and define its power.

Code

A topical organization of statutes.

Statutory Law

Law enacted by a legislature.

Common Law

A body of law developed through the courts.

Precedent

The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.

Binding Case Law

Case law that must be followed by lower courts.

Initiative

An action by citizens to enact legislation through the voter process.

Referendum

A vote on whether to accept or reject proposed legislation or constitutional amendment.

Statutes at Large

A chronological compilation of statutes.