Chapter 4 Law, The Courts and Contracts Flashcards Preview

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Flashcards in Chapter 4 Law, The Courts and Contracts Deck (26):
1

Legislative Branch

Congress

2

Executive Branch

President

3

Executive order

A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress

4

checks and balances

the system established by the US constitution that keeps any one branch of government from assuming too much power over the other branches

5

Thing the government can only do

-print money
- declare war
- make treaties
- provide army and navy

6

Things done at the state level

- issue license
- regulate intrastate within the state
- conduct elections
- take measures for public health and safety

7

constitutional law

law that derives from federal and state constitutions

8

Case law

law established through common law and legal precedent

9

common law

the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition

10

legal precedents

decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation

11

statutory law

law passed by the US congress or state legislature

12

administrative law

enabling statutes enacted to define powers and procedures when an agency is created

13

substantive law

the statutory or written law that defines and regulate legal rights and obligations

14

procedural law

law that defines the rules used to enforce substantive law.

15

criminal law

law that involves crimes against the state

16

felony

an offense punishable by death or by imprisonment in a state or federal prison for more than one year

17

misdemeanor

a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.

18

Procedural

define rules used to enforce substantive law

19

Tort

a civil wrong committed against a person or property, excluding breach of contract

20

tortfeasor

the person guilty of committing a tort

21

assault

the open threat of bodily harm to another, or acting in such a way as to put another in the reasonalbe apprehension of bodily harm

22

battery

an action that causes bodily harm to another

23

defamation of character

involves damaging a person's reputation by making public statements that are both false and malicious.

24

false imprisonment

the intentional, unlawful restraint or confinement of one person by another

25

fraud

deceitful practices in depriving or attempting to deprive another of his or her rights

26

4 essential elements of contract

- agreement
- consideration
- legal subject matter
- contractual capacity