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MED 149
chapter 4 terms
| Question | Answer |
|---|---|
| executive order | A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress. |
| Judicial law | interprets the law and oversees the enforcement of laws. |
| constitutional law | Law that derives from federal and state constitutions. |
| Case law | Law established through common law and legal precedent |
| 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 become rule of law and apply to future cases, even though they were not enacted by legislation. |
| statutory law | Law passed by the U.S. Congress or state legislatures. Individual laws in this body of law are called statutes |
| 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 | Law that defines the rules used to enforce substantive law |
| criminal law | Law that involves crimes 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 by imprisonment in a facility other than a prison for less than one year |
| civil law | Law that involves 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 |
| Assault | threat of bodily harm |
| Battery | action that causes bodily harm to another |
| action that causes bodily harm to another | Involves damaging a person’s reputation by making public statements that are both false and malicious |
| False Imprisonment | The intentional, unlawful restraint or confinement of one person by another |
| Fraud | Deceitful practices in depriving or attempting to deprive others of their rights. |
| Invasion of Privacy | An intrusion into a person’s seclusion or private affairs |
| 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. |
| contract | voluntary agreement between two parties in which specific promises are made for a consideration |
| breach of contract | Failure of either party to comply with the terms of a legally valid contract. |
| statute of frauds | State legislation governing written contracts. |