Terminology Flashcards
Knowing terms and terminology used (29 cards)
What is legislative powers?
powers to make laws
What is executive powers?
the power to apply the law
What is judicial powers?
the power to interpret law
What is delegated legislation?
parliment can provide the power to a person or body to make laws
What is exclusive powers?
law making powers only for the federal government
what is concurrent powers?
law making powers that are shared between state and federal
what is residual powers?
powers only for state parliaments
What is a principal?
is someone that appoints an agent
what is an agent?
is someone that acts on behalf of the principal to engage towards a third party
what is a general agent?
is an agent used for a form of transactions of trade
what is a special agent?
is an agent used for particular transactions
what is a universal agent?
is an agent given unlimited powers to act on behalf of the principal
what are the three elements of a contract?
offer consideration and acceptance
what is an express contract?
a contract that has straightforward conditions and can take legal action against each other
what is an implied contract?
a contract that promises a fair exchange that for one service for another
what is an bilateral contract?
is a contract when two parties make promises for an exchange for benefits
what is an unilateral contract?
is a contract when one party promises a reward but the other doesn’t accept anything in return
what is common law?
is laws made based of earlier decisions and rulings
what is civil law?
is laws are established that have specific guidelines and rules that must be followed
what are the elements of acceptance in a contract?
must be absolute, follow the conditions stated, made in reliance, made within time provided, must be communicated
what can consideration be ?
executory and executed
consideration can be?
Executory and executed but not the past
what can’t consideration be?
Not the past unless enforceable by the promisor
what is executed?
to promise to do something in exchange