Chapter 4 Flashcards
The two houses of Congress
the Senate and the House of Representatives
The president of the United States is the chief executive of the executive branch of government,
which is responsible for administering the law. Through his or her ability to issue executive orders,
The U.S. Supreme Court heads the judicial branch of government, which also includes federal judges and courts in every state.
The judicial branch 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.
Administration law
Enabling statutes enacted to define powers and procedures when an agency is created.
civil law
Law that involves wrongful acts against persons.
jurisdiction
The power of a court to hear and decide a case before it.
breach of contract
Failure of either party to comply with the terms of a legally valid contract.
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.
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.
executive order
A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.
Federal laws governing the administration of health care and all other national matters derive from powers and responsibilities delegated to the three branches of government by the U.S. Constitution. As you probably recall from basic government classes, the three branches of government are legislative, executive, and judicial. Here is a quick review of the three branches’ composition and responsibilities.