MISCELLANEOUS

Question 1

Law (US Legal System Seminar)

Answer 1

(Judge-made) an authoritative rule written and enforced by one or more government bodies.

Question 2

Legal System (US Legal System Seminar)

Answer 2

A phrase that collectively describes the various agencies, establishments, and institutions tasked with administering or enforcing the law, which are organized primarily around handling either civil or criminal law.

Question 3

Difficulties Associated with the Adversary System (US Legal System Seminar)

Answer 3

There are some difficulties; for example, in many disputes between a citizen and a corporation, the citizen cannot afford the kind of representation available to the corporation

Question 4

Record (US Legal System Seminar)

Answer 4

The official collection of all the trial pleadings, exhibits, orders, and word-for-word testimony that were part of the trial; To make an official note of; to enter in a document; The facts that have been inscribed or stored; A collection of data fields that constitute a single unit, e.g., an employee record (see court of record).

Question 5

Trial de novo (US Legal System Seminar)

Answer 5

a new trial conducted as if a prior one had not occurred.

Question 6

Constitutional Law (US Legal System Seminar)

Answer 6

encompasses constitution provisions and court interpretations applying them.

Question 7

Common Law vs. Civil Law (US Legal System Seminar)

Answer 7

Common law system emphasizes case law, while civil law system emphasizes statutory codes. Common law relies on unwritten customs and values of the community.

Question 8

Common Law vs. (Statutory) Law (US Legal System Seminar)

Answer 8

Statutes can change or derogate common law.

Question 9

Stare decisis doctrine (US Legal System Seminar)

Answer 9

Courts decide similar cases consistently unless there’s a compelling reason not to (see common law).

Question 10

Equitable (US Legal System Seminar)

Answer 10

fair, just, or pertaining to any remedy available in an action in equity.

Question 11

Damages (US Legal System Seminar)

Answer 11

Money claimed by a person to compensate for the harm caused by an alleged wrongdoer OR an award of money paid by the wrongdoer to compensate the person who has been harmed.

Question 12

Specific Performance (US Legal System Seminar)

Answer 12

a remedy for breach of contract that forces the wrongdoing party to complete the contract as promised.

Question 13

Injunction (US Legal System Seminar)

Answer 13

a remedy that orders a person or organization to do or to refrain from doing something.

Question 14

International Law (US Legal System Seminar)

Answer 14

the legal principles and laws governing relations between nations; also called the law of nations, public international law (see treaty, executive order, and treatise).

Question 15

Panel (US Legal System Seminar)

Answer 15

A group of judges, usually three (odd number no ties), who decide a case on behalf of a court with a larger number of judges; A list of individuals summoned for jury duty. From this list, juries for particular trials are selected; A group of attorneys available in a group legal services plan; Members of a commission.

Question 16

En banc or “on the bench” (US Legal System Seminar)

Answer 16

means by the entire court; can be requested/petitioned for after a panel renders its decision.

Question 17

Court of Final Resort/Appeals (US Legal System Seminar)

Answer 17

the highest court within a judicial system (see constitutional court jurisdiction).

Question 18

U.S. District Court (US Legal System Seminar)

Answer 18

The main trial court in the federal judicial system; can take can case within the following two guidelines (civil or criminal): (1) Federal questions AND (2) Diversity of citizenship.

Question 19

U.S. Court of Appeals or Intermediate Appellate Court (US Legal System Seminar)

Answer 19

formerly called circuit courts of appeals, is the main intermediate appellate court in the federal court system; One geographic section for each judicial circuit in the country - 12 (with DC being the only one with its own circuit).

Question 20

Execution (US Legal System Seminar)

Answer 20

agency primarily executes legislative statutes and the executive orders of the chief of the executive branch of government. At the federal level, the chief is the president. At the state level, it’s the governor, and at most local levels, it’s the mayor (see administrative agency).

Question 21

Rule-making (US Legal System Seminar)

Answer 21

agency often has the authority to write rules and regulations (see administrative agency).

Question 22

Dispute Resolution (US Legal System Seminar)

Answer 22

agency has the authority to interpret the statutes and regulations that govern it. It often has the authority to resolve disputes that arise over the application of such laws (see administrative agency).

Question 23

written law (US Legal System Seminar)

Answer 23

written law passed by a legislature

Question 24

Cause (US Legal System Seminar)

Answer 24

A legally sufficient reason to do something. Sometimes referred to as just cause, good cause.

Question 25

Government Corporation or Quasi-Government Agency (US Legal System Seminar)

Answer 25

A government-owned entity that is a mixture of a business corporation and a government agency created to serve a predominantly business function in the public interest; designed to have considerable flexibility and independence in carrying out a predominantly business function in the public interest.

Question 26

Cause (US Legal System Seminar)

Answer 26

A legally sufficient reason to do something. Sometimes referred to as just cause, good cause

Question 27

Government Corporation or Quasi-Government Agency (US Legal System Seminar)

Answer 27

A government-owned entity that is a mixture of a business corporation and a government agency created to serve a predominantly business function in the public interest; designed to have considerable flexibility and independence in carrying out a predominantly business function in the public interest

Question 28

Quasi-Legislation (US Legal System Seminar)

Answer 28

administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature

Question 29

Quasi-Adjudication (US Legal System Seminar)

Answer 29

For the purposes of this litigation

Question 30

Exhaust Administrative Remedies or Exhaustion of Remedies (US Legal System Seminar)

Answer 30

To go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did

Question 31

Enabling Statute (US Legal System Seminar)

Answer 31

allows (enables) an administrative agency to carry out specified delegated powers.

Question 32

Quasi-Independent Regulatory Agencies (US Legal System Seminar)

Answer 32

a hybrid agency, often sharing the characteristics of executive agencies and independent regulatory agencies; it has more independence than an executive department agency, yet it might exist within the executive department.

Question 33

Independent Regulatory Agencies (US Legal System Seminar)

Answer 33

an administrative agency that regulates an aspect of society, exist outside the executive department and so are outside of the Chief Executive's/executive branch's day-to-day control.