Chap. 4 Common Law, Statutory Law, & Administrativ...

  1. De Novo
    The power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.
  2. Stare Decisis
    “Let the decision stand.” A basic principle of the common law, it means that precedent is usually binding.
  3. Adjudicate
    To hold a formal hearing in a disputed matter and issue an official decision.
  4. Administrative Law Judge
    An agency employee who acts as an impartial decision-maker.
  5. Bill
    A proposed statute that has been submitted for consideration to Congress or a state legislature.
  6. Enabling Legislation
    A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
  7. Executive Agency
    An administrative agency within the executive branch of government.
  8. Exhaustion of Remedies
    A principle of administrative law that no party may appeal an agency action to a court until she has utilized all available appeals within the agency itself.
  9. Formal Rulemaking
    The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing, with opportunity for evidence and cross-examination, before promulgating the final rule.
  10. Freedom of Information Act (FOIA)
    A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.
  11. Hybrid Rulemaking
    A method of administrative agency procedure incorporating some elements of formal and some elements of informal rulemaking, typically involving a limited public hearing with restricted rights of testimony and cross-examination.
  12. Independent Agency
    An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
  13. Informal rulemaking The process whereby an administrative agency notifies the public of a proposed new rule and permits comment but is then free to promulgate the final rule without a public hearing.
  14. Interpretive Rules
    A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.
  15. Judicial Review
    The power of the judicial system to examine, interpret, and even nullify actions taken by another branch of government.
  16. Legislative History
    Used by courts to interpret the meaning of a statute, this is the record of hearings, speeches, and explanations that accompanied a statute as it made its way from newly proposed bill to final law.
  17. Legislative Rules
    Regulations issued by an administrative agency.
  18. Override
    The power of Congress or a state legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house.
  19. Plain meaning Rule
    In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to.
  20. Privacy Act
    A federal statute prohibiting federal agencies from divulging to other agencies or organizations information about private citizens.
  21. Promulgate
    To issue a new rule.
  22. Rulemaking
    The power of an administrative agency to issue regulations.
  23. Statutory Interpretation
    A court’s power to give meaning to new legislation by clarifying ambiguities, providing limits, and ultimately applying it to a specific fact pattern in litigation.
  24. Subpoena
    An order to appear, issued by a court or government body.
  25. Subpoena Duces Tecum
    An order to produce certain documents or things before a court or government body.
  26. Veto
    The power of the president to reject legislation passed by Congress, terminating the bill unless Congress votes by a 2/3 majority to override.
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Chap. 4 Common Law, Statutory Law, & Administrativ...
Business Law Legal Environment, Std. Edition, 5th Ed. By: Jeffrey F. Beatty, Susan S. Samuelson ISBN-10:0324663528