LAW 1101 Chapter Notes - Chapter 1: Administrative Law Judge, Statutory Law, Secondary Source

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6 Feb 2017

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1. Law: a body of enforceable rules governing relationships among individuals and between
individuals and their society
2. Breach: The failure to perform a legal obligation
3. Primary source of law: A document that establishes the law on an issue, such as a constitution, a
statue, an administrative rule, or a court decision
4. Secondary source of law: A publication that summarizes or interprets the law, such as a legal
encyclopedia, a legal treatise, or an article in a law review
5. Constitutional Law: the body of law derived from the U. S constitution and the constitutions of
the various states
6. Statutory law: the body of law enacted by legislative bodies (As opposed to constitution law,
administrative law, or case law)
7. Citation: a reference to a publication in which a legal authority such as statute or a court
decision or another source can be found.
8. Ordinance: A regulation enacted by a city or county legislative body that becomes part of the
state’s statutory la
9. Uniform law: a model law developed by the National Conference of Commissioners on Uniform
State Laws for the states to consider enacting into statute.
10. Administrative Law: The body of law created by administrative agencies to carry out their duties
and responsibilities
11. Administrative agency: a federal or state government agency created by the legislature to
perform a specific function, such as to make and enforce rules pertaining to the environment
12. Enabling legislation: a statute that enacted by Congress that authorizes the creation of an
administrative agency and specifies he name, composition, purpose, and powers of the agency
being created.
13. Adjudicate: To render a judicial decision. Adjudication is the trial0like proceeding in which an
administrative law judge hears and resolves disputes iolig a adiistratie agecy’s
14. Administrative process: the process used by administrative agencies in administrating the law.
15. Rulemaking: the process by which an administrative agency formally adopts a new regulation or
amends an old one
16. Legislative rule: a adiistratie agecy’s rule that carries the same weight as a
congressionally enacted statute
17. Interpretive rule: a nonbinding rule or policy statement issued by an administrative agency that
explains how it interprets and intends to apply the statutes it enforces
18. Administrative law judge: one who presides over an administrative agency hearing and has the
power to administer oaths, take testimony, rule on questions of evidence, and make
determinations of facts.
19. Case law: the rules of law announced in court decisions. Case law interprets statutes,
regulations, constitutional provisions, and other case law
20. Common law: The body of law developed from custom or judicial decisions in English and U.S.
courts, not attributable to a legislature
21. Precedent: a court decision that furnishes an example or authority for deciding subsequence
cases involving identical or similar fact
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