BUSINESS LAW CH 4
Terms
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- ADJUDICATE
- To hold a formal hearing in a disputed matter and issue an official decision.
- BILL
- A proposed statute that has been submitted for consideration to Congress or a state legislature.
- BILL OF RIGHTS
- The first ten amendments to the Constitution.
- DE NOVO DECISION
- The power of an appellate court to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.
- ENABLING LEGISLATION
- A statute authorizing the creation of a new administrative agency and specifying its powers and duties.
- EXECUTIVE AGENCY
- An administrative agency within the executive branch of government.
- 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.
- FORMAL RULEMAKING
- The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing before promulgating the final rule.
- FREEDOM OF INFORMATION ACT (FOIA)
- A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.
- INDEPENDENT AGENCY
- An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.
- INTERPRETIVE RULES
- A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.
- 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.
- 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.
- LEGISLATIVE RULES
- Regulations issued by an administrative agency.
- OBSCENITY
- Constitutional law doctrine holding that some works will receive no First Amendment protection because a court determines they depict sexual matters in an offensive way.
- OVERRIDE
- The power of a legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house.
- 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.
- 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.
- SUBPOENA
- An order to appear, issued by a court or government body.
- SUBPOENA DUCES TECUM
- An order to produce certain documents or things before a court or government body.
- VETO
- The power of the president to reject legislation passed by Congress
- PROMULGATE
- TO ISSUE A NEW RULE