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CH 4

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Term
Definition
executive order   a rule or regulation issued by the president of the US that becomes law without the prior approval of Congress  
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constitutional law   law serives from the federa and state constitutions  
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case law   law established through common law and legal precedent  
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common law   the body of unwritten law developped in England, primarily from judicial decisions based on custom and tradition  
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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  
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statutory law   law passed by the US congress or state legislatures  
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administrative law   enabling statutes enacted to define powers and procedures when an agency is created  
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substantive law   the statutory or written law that defines and regulates legal rights and obligations  
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procedual law   law that defines the rules used to enforce substantive law  
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criminl law   law that involves crimes against the state  
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felony   a offense punishable by death or by imprisonment in a state or federal prision for more than one year  
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misdemanor   crime punishable by fine or by imprisonment in a facility other than a prison for less than one year  
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civil law   law that involes wrongful acts against persons  
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tort   a civil wrong committed against a person or property, exckuding breach of contract  
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tortfeasor   the person quilty of committing a tort  
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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  
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jurisdiction   the power of a court to hear and decide a case before it  
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plainiff   the person bringing charges in a law suit  
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prosecution   the goverment as plaintiff in a criminal case  
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defendant   the person or party against whom criminal or civil charges are brought in a lawsuit  
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contract   a voluntary agreement between two parties in which specific promises are made for consideration  
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void   without legal force or effect  
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breach of contract   failure of either party to comply with the terms of a legally valid contract  
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minor   anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions  
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statue of frauds   state legislation governing written contracts  
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implied ccontracts   are those in which the conduct of the parties creates the contrac  
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