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KEY TERMS CHATER 4
| Term | Definition |
|---|---|
| administrative law | Enabling statutes enacted to define powers and procedures when an agency is created. |
| breach of contract | Failure of either party to comply with the terms of a legally valid contract. |
| case law | Law established through common law and legal precedent. |
| civil law | Law that involves wrongful acts against persons. |
| common law | The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition. |
| constitutional law | Law that derives from federal and state constitutions. |
| contract | A voluntary agreement between two parties in which specific promises are made for a consideration. |
| criminal law | Law that involves crimes against the state. |
| defendant | The person or party against whom criminal or civil charges are brought in a lawsuit. |
| executive order | A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress. |
| felony | An offense punishable by death or by imprisonment in a state or federal prison for more than one year. |
| jurisdiction | The power of a court to hear and decide a case before it. |
| legal precedents | Decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation. |
| minor | Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions. statute of frauds State legislation governing written contracts. |
| misdemeanor | Crime punishable by fine or by imprisonment in a facility other than a prison for less than one year. |
| 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. |
| plaintiff | The person bringing charges in a lawsuit. |
| procedural law | Law that defines the rules used to enforce substantive law. |
| prosecution | The government as plaintiff in a criminal case. defendant The person or party against whom charges are brought in a criminal or civil lawsuit. |
| statute of frauds | State legislation governing written contracts. |
| statutory law | Law passed by the U.S. Congress or state legislatures. |
| substantive law | The statutory or written law that defines and regulates legal rights and obligations. |
| tort | A civil wrong committed against a person or property, excluding breach of contract. |
| tortfeasor | The person guilty of committing a tort. |
| void | Without legal force or effect. |