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Chapter 4

Chapter 4 Law, The Courts, and

TermDefinition
Legislative branch (Congress) Senate, House of Representatives: Write, debate, and pass bills.
Executive branch (President) Executive orders become law without approval of Congress.
Judicial branch (Supreme Court) Interprets and oversees laws.
Legislative Those responsibilities not governed by the federal government are duties of the state.
Executive Governor is the head of the state.
Judicial The courts oversee state laws.
Constitutional Based on U.S. constitution.
Case Set by legal precedent.
Statutory Enacted by state or federal legislatures.
Administrative Enacted to define specific agency powers.
Substantive Defines and regulates legal rights and obligations.
Procedural Defines rules used to enforce substantive law.
Criminal Law involving crimes against state.
Civil Involves wrongful acts against persons. People can sue another person, a business, or the government.
Felony An offense punishable by death or by imprisonment in a state or federal prison for more than one year.
Misdemeanor A crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.
Tort A civil wrong committed against a person or property excluding breach of contract. Must involve injury, damage to property, or deprivation civil liberties. May be intentional or unintentional.
Tortfeasor Person guilty of a tort.
Assault Intentional Torts
Battery Intentional Torts
Trespass Intentional Torts
Nuisance Intentional Torts
Interference with contractual relations Intentional Torts
Deceit Intentional Torts
Conversion Intentional Torts
Jurisdiction Power to hear a case. Power to decide a case.
Federal courts Jurisdiction over federal law such as antitrust, federal crimes, patents, and fraud in Medicare/Medicaid.
State courts Each state is slightly different. Structure includes local courts, trial courts, appellate courts, and the state supreme court.
Judges Officers of the court
Attorneys Officers of the court
Court clerks Officers of the court
Bailiffs Officers of the court
Court reporters Officers of the court
Juries Officers of the court
contract A contract is a voluntary agreement between two parties in which specific promises are made for consideration.
Expressed contracts Written or oral agreement in which all terms are explicitly stated
Implied contracts Unwritten or unspoken agreement whose terms result from the actions of the parties involved.
 

 



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