chapter 4 Flashcards
checks and balances
the system established by the U.S. constitution that keeps any one branch of government from assuming too much power over the other branches
executive order
a rule or regulation issued by the president of the untied states that becomes law without the prior approval of congress
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
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
misdemeanor
a 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
c civil wrong committed against a person or property, excluding breach of contract
tortfeasor
the person guilty of committing a tort
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
plaintiff
the person bringing charges in a lawsuit
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
contract
a voluntary agreement between two parties in which specific promises are made for a considerations
void
without legal force or effect
breach of contract
failure of either party to comply with the terms of a legally valid contract
mentally incompetent
unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract
voidable
able to be set aside or to be revalidated at a later date
minor
anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions
expressed contract
a written or oral agreement in which all terms are explicitly stated
implied contract
an unwritten and unspoken agreement whose terms result from the actions of the parties involved
statute of frauds
state legislation governing written contracts
third- party payer contract
a written agreement signed by a party other than the patient who promises to pay the patient’s bill
fair debt collection practices act (FDCPA)
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
law of agency
the law that governs the relationship between a principal and his or her agent
agent
one who acts for or represents another. in performing workplace duties, the employee acts as the agent, or authorized representative, of the employer
respondeat superior
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
