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Chapter 4

Law, The Courts, and Contracts

TermDefinition
Legislative branch Senate, House of representatives: write, debate, and pass bills
Executive branch (President) Executive orders become law without approval of Congress
Judical branch Interprets and oversees laws
Executive orders A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress
Constitutional law Law that derives from federal and state constitution
Case law Law established through common law and legal precendent
Common law The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition
Legal precedents Decisions made by judges in various courts that became rule of law and apply to future cases, even though they were not enacted by legislation
Statutory law Law passed by U.S. Congress or state legislatures
Administrative law Enabling statutes enacted to define powers and procedures when an agency is created
Substantive law The statutory or written law that defines and regulates legal rights and obligations
Procedural law Laws that defines the rules used to enforce substantive law
Criminal law Law that involves crime against the state
Felony An offense punishable by death or by imprisonment in a state or federal prison for more than one year
Misdemeanors Crime punishable by fine or imprisonment in a facility other than prison for less than one year
Civil law Laws that involve wrongful acts against persons
Tort A civil wrong committed against a person or property, excluding breach of contract
Tortfeasor The person guilty of committing a tort
Negligence An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
Jurisdiction The power of a court to hear and decide a case before it
Plaintiff The person bringing the charges in a lawsuit
Prosecution The government as plaintiff in a criminal case
Defendant The person or party against whom criminal or civil charges are brought in a lawsuit
Contract A voluntary agreement between two parties in which specific promises are made for a consideration
Void Without legal force or effect
Breach of contract Failure of either party to comply with the terms ofa legally valid contract
Minor Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictins
Statute of frauds State legislation governing written contracts
Created by: jeslew7905
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