Chapter 4 Law, The Courts and Contracts Flashcards

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1
Q

Legislative Branch

A

Congress

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2
Q

Executive Branch

A

President

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3
Q

Executive order

A

A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress

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4
Q

checks and balances

A

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

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5
Q

Thing the government can only do

A
  • print money
  • declare war
  • make treaties
  • provide army and navy
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6
Q

Things done at the state level

A
  • issue license
  • regulate intrastate within the state
  • conduct elections
  • take measures for public health and safety
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7
Q

constitutional law

A

law that derives from federal and state constitutions

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8
Q

Case law

A

law established through common law and legal precedent

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9
Q

common law

A

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

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10
Q

legal precedents

A

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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11
Q

statutory law

A

law passed by the US congress or state legislature

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12
Q

administrative law

A

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

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13
Q

substantive law

A

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

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14
Q

procedural law

A

law that defines the rules used to enforce substantive law.

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15
Q

criminal law

A

law that involves crimes against the state

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16
Q

felony

A

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

17
Q

misdemeanor

A

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

18
Q

Procedural

A

define rules used to enforce substantive law

19
Q

Tort

A

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

20
Q

tortfeasor

A

the person guilty of committing a tort

21
Q

assault

A

the open threat of bodily harm to another, or acting in such a way as to put another in the reasonalbe apprehension of bodily harm

22
Q

battery

A

an action that causes bodily harm to another

23
Q

defamation of character

A

involves damaging a person’s reputation by making public statements that are both false and malicious.

24
Q

false imprisonment

A

the intentional, unlawful restraint or confinement of one person by another

25
Q

fraud

A

deceitful practices in depriving or attempting to deprive another of his or her rights

26
Q

4 essential elements of contract

A
  • agreement
  • consideration
  • legal subject matter
  • contractual capacity