Terminology Flashcards

Knowing terms and terminology used (29 cards)

1
Q

What is legislative powers?

A

powers to make laws

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2
Q

What is executive powers?

A

the power to apply the law

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3
Q

What is judicial powers?

A

the power to interpret law

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4
Q

What is delegated legislation?

A

parliment can provide the power to a person or body to make laws

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5
Q

What is exclusive powers?

A

law making powers only for the federal government

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6
Q

what is concurrent powers?

A

law making powers that are shared between state and federal

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7
Q

what is residual powers?

A

powers only for state parliaments

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8
Q

What is a principal?

A

is someone that appoints an agent

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9
Q

what is an agent?

A

is someone that acts on behalf of the principal to engage towards a third party

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10
Q

what is a general agent?

A

is an agent used for a form of transactions of trade

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11
Q

what is a special agent?

A

is an agent used for particular transactions

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12
Q

what is a universal agent?

A

is an agent given unlimited powers to act on behalf of the principal

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13
Q

what are the three elements of a contract?

A

offer consideration and acceptance

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14
Q

what is an express contract?

A

a contract that has straightforward conditions and can take legal action against each other

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15
Q

what is an implied contract?

A

a contract that promises a fair exchange that for one service for another

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16
Q

what is an bilateral contract?

A

is a contract when two parties make promises for an exchange for benefits

17
Q

what is an unilateral contract?

A

is a contract when one party promises a reward but the other doesn’t accept anything in return

18
Q

what is common law?

A

is laws made based of earlier decisions and rulings

19
Q

what is civil law?

A

is laws are established that have specific guidelines and rules that must be followed

20
Q

what are the elements of acceptance in a contract?

A

must be absolute, follow the conditions stated, made in reliance, made within time provided, must be communicated

21
Q

what can consideration be ?

A

executory and executed

22
Q

consideration can be?

A

Executory and executed but not the past

23
Q

what can’t consideration be?

A

Not the past unless enforceable by the promisor

24
Q

what is executed?

A

to promise to do something in exchange

25
what is executory?
the promise to do something in the future
26
civil law uses a...
inquisitive system
27
what is a inquisitive system?
is when the court is active in the investigation process
28
common law uses a...
adversarial system
29
what is a adversarial system?
is when two sides present their cases in prosecution or defense to the judge and jury