week 1 vocab chapter 1,2,3 Flashcards
(31 cards)
governmental rule prescribing conduct and carrying a penalty for violation
law
(not a definition)
laws written by a legislative body (4)
- statues
- criminal law
- crime
- ordinance
laws which are enacted by legislative bodies (federal and state laws)
statues
laws dealing with crimes and the punishment of wrongdoers
criminal law
an offense which is injurious to society as a whole
crime
law enacted by a local unit of government (county, city, etc)
ordinance
(not a definition) laws made by courts/judges (2)
- common law
2. stare decisis
the body of law deriving from judicial decisions, rather than from statutes or construction
common law
the principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future
stare decisis
(not a definition) criminal law vs. civil law (4)
- criminal law
- crime
- felony
- misdemeanor
serious criminal offense by imprisonment for more than one year or death
felony
a less serious crime punishable by fine and/or imprisonment of less than one year
misdemeanor
the body of law concerned with private or purely personal rights
civil law
a private or civil wrong against a person or his/her property, other than by breach of contract for which there may be an action of damages
tort
failure to exercise reasonable care
negligence
failure to perform a professional service with the ability and care generally exercised by others in the profession
malpractice
rules of conduct for the performance of business transactions
business law
(not a definition)
non-monetary civil remedies (3)
- injunction
- recession
- specific performance
a judicial order or decree forbidding certain conduct
injunction
to set aside or cancel a contract
recission
a remedy by which the court requires the breaching party to perform the contract
specific performance
(not a definition)
parties to civil actions (3)
- trial court
- plaintiff
- defendant
court which conducts the original trial of a case
trial court
the party who initiates a civil action
plaintiff