chapter 4

Question 0

checks and balances

Answer 0

the system established by the U.S. constitution that keeps any one branch of government from assuming too much power over the other branches

Question 1

executive order

Answer 1

a rule or regulation issued by the president of the untied states that becomes law without the prior approval of congress

Question 2

constitutional law

Answer 2

law that derives from federal and state constitutions

Question 3

case law

Answer 3

law established through common law and legal precedent

Question 4

common law

Answer 4

the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition

Question 5

legal precedents

Answer 5

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

Question 6

statutory law

Answer 6

law passed by the U.S. congress or state legislatures

Question 7

administrative law

Answer 7

enabling statutes enacted to define powers and procedures when an agency is created

Question 8

substantive law

Answer 8

the statutory or written law that defines and regulates legal rights and obligations

Question 9

procedural law

Answer 9

law that defines the rules used to enforce substantive law

Question 10

criminal law

Answer 10

law that involves crimes against the state

Question 11

felony

Answer 11

an offense punishable by death or by imprisonment in a state or federal prison for more than one year

Question 12

misdemeanor

Answer 12

a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year

Question 13

civil law

Answer 13

law that involves wrongful acts against persons

Question 14

tort

Answer 14

c civil wrong committed against a person or property, excluding breach of contract

Question 15

tortfeasor

Answer 15

the person guilty of committing a tort

Question 16

negligence

Answer 16

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

Question 17

jurisdiction

Answer 17

the power of a court to hear and decide a case before it

Question 18

plaintiff

Answer 18

the person bringing charges in a lawsuit

Question 19

prosecution

Answer 19

the government as plaintiff in a criminal case

Question 20

defendant

Answer 20

the person or party against whom charges are brought in a criminal or civil lawsuit

Question 21

contract

Answer 21

a voluntary agreement between two parties in which specific promises are made for a considerations

Question 22

void

Answer 22

without legal force or effect

Question 23

breach of contract

Answer 23

failure of either party to comply with the terms of a legally valid contract

Question 24

mentally incompetent

Answer 24

unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract

Question 25

voidable

Answer 25

able to be set aside or to be revalidated at a later date

Question 26

minor

Answer 26

anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions

Question 27

expressed contract

Answer 27

a written or oral agreement in which all terms are explicitly stated

Question 28

implied contract

Answer 28

an unwritten and unspoken agreement whose terms result from the actions of the parties involved

Question 29

statute of frauds

Answer 29

state legislation governing written contracts

Question 30

third- party payer contract

Answer 30

a written agreement signed by a party other than the patient who promises to pay the patient’s bill

Question 31

fair debt collection practices act (FDCPA)

Answer 31

a federal statute prohibiting certain unfair and illegal practices by debt collectors and creditors. it prohibits certain methods of debt collection, including harassment, misrepresentation, threats, disseminating false information about the debtor, and engaging in unfair or illegal practices in attempting to collect a debt

Question 32

law of agency

Answer 32

the law that governs the relationship between a principal and his or her agent

Question 33

agent

Answer 33

one who acts for or represents another. in performing workplace duties, the employee acts as the agent, or authorized representative, of the employer

Question 34

respondeat superior

Answer 34

literally, “let the master answer.” a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees’ duties