Exam 4 Definitions Flashcards
What is the definition of law?
Standard or rule of conduct established & enforced by government (Designed to protect the rights of the public)
What is litigation?
The process of taking legal action (start)
What is the plaintiff?
The person who brings a case against another in a court of law. The one who was wronged.
What is the defendant?
The individual, company, or institution being accused or sued in a court of law. Presumed innocent until proven guilty
What is the definition of public law?
Regulates relationships bt. Individuals & government
What is the definition of private law?
Regulates relationships among people
What is the definition of criminal law?
Defines criminal actions (e.g. murder, theft)
What is the definition of constitution law?
Fundamental principles or established precedents according to which a state or other organization is governed. (Highest level of law)
What is the definition of statutory law?
Law enacted by a legislative body. (traffic regulation)
What is the definition of administrative law?
Body of law that regulates the operations and procedures of government agencies.
What is the definition of common law?
Law developed through court decisions rather than through statutes. (Ruling made be a judge)
What is a misdemeanor?
A less serious crime, typically punishable by a fine or a short jail term (<1 year)
What is a felony?
A more serious crime, usually punishable by imprisonment for more than one year
What is tort?
A wrong committed by a person against another person or that person’s property; tried in civil court (malpractice)
What is a crime?
Wrong against a person or the person’s property as well as the public
4 elements of liability
Duty, Breach of duty, Causation, & Damages
What is duty?
The accepting of the assignment
What is breach of duty?
Did not meet the standards
What is causation?
Breach of duty caused something bad to happen
What is damages (liability)?
Pt. suffers (physical or emotional)
What is modeling in regards to value transmission?
A method of value transmission where individuals learn behaviors by observing others. Something learned in upbringing (parents)
What is moralizing in regards to value transmission?
A mode of value transmission that emphasizes the importance of moral lessons and ethical principles. (Church, school, etc.)
What is Laissez-faire in regards to value transmission?
An approach to value transmission that allows individuals to make their own choices without intervention. (when parents let you explore your values
What is rewarding & punishing in regards to value transmission?
A technique of value transmission that involves incentives and consequences to influence behavior. (parents punishing when you stray)