Legal Terminology Ch. One: C-E

An apparent legal right; a seeming legal right; the mere semblance of a legal right. Although they may also refer to activity by private persons, terms such as color of authority, color of law, and color of right generally refer to actions taken by a representative of government.

A right based upon color of authority, color of law, or color of office.

(Latin) Standard of review under which the reviewing body may find the facts and review all issues without deference to the lower body's findings and conclusions.

A judgment that specifies the rights of the parties but orders nothing. Nonetheless, it is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.

Part of a statute or ordinance that states the need that the legislation was enacted to fulfill, i.e., the statute's purpose. Declaratory provisions often begin with the word "whereas."

See declaratory judgment.

A statute enacted to clarify and resolve the law when the correct interpretation has been in doubt.

1. Provisions of the Constitution by which executive powers are delegated to the executive branch of the government, legislative powers to the legislative branch, and judicial powers to the judicial branch. 2. Delegation of constitutional power by one branch of government to another. Such delegation is permissible only if it is consistent with the principle of separation of powers set forth in the Constitution. 3. The transfer of power from the president to an administrative agency.

An administrative unit within an organization. • n. branch, section, office, agency, bureau, unit, division

1. One of the three divisions into which the Constitution separates the government of the United States. Used in this sense, the term is synonymous with branch of government. 2. A similar division in state government. 3. An administrative unit within a branch of government. EXAMPLES: the Department of Justice (DOJ); the Department of Commerce (DOC).

An administrative hearing held to comply with the due process clause. EXAMPLE: a parole revocation hearing.

Law administered through courts, equally applicable to all, that does not violate principles of fairness. Whether a person has received due process of law can only be determined on a case-by-case basis. In all criminal cases, however, it involves, at the very least, the right to be heard by a fair and impartial tribunal, the defendant's right to be represented by counsel, the right to cross-examine witnesses against him, the right to offer testimony on his own behalf, and the right to have advance notice of trial and of the charge sufficient in detail and in point of time to permit adequate preparation for trial. Due process requirements for criminal prosecutions are considerably more rigorous than those for civil cases. "Due process of law" is guaranteed by both the Fifth Amendment and the Fourteenth Amendment.