Chapter 4 Law, The Courts and Contracts

Question 1

Legislative Branch

Answer 1

Congress

Question 2

Executive Branch

Answer 2

President

Question 3

Executive order

Answer 3

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

Question 4

checks and balances

Answer 4

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

Question 5

Thing the government can only do

Answer 5

• print money
• declare war
• make treaties
• provide army and navy

Question 6

Things done at the state level

Answer 6

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

Question 7

constitutional law

Answer 7

law that derives from federal and state constitutions

Question 8

Case law

Answer 8

law established through common law and legal precedent

Question 9

common law

Answer 9

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

Question 10

legal precedents

Answer 10

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 11

statutory law

Answer 11

law passed by the US congress or state legislature

Question 12

administrative law

Answer 12

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

Question 13

substantive law

Answer 13

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

Question 14

procedural law

Answer 14

law that defines the rules used to enforce substantive law.

Question 15

criminal law

Answer 15

law that involves crimes against the state

Question 16

felony

Answer 16

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

Question 17

misdemeanor

Answer 17

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

Question 18

Procedural

Answer 18

define rules used to enforce substantive law

Question 19

Tort

Answer 19

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

Question 20

tortfeasor

Answer 20

the person guilty of committing a tort

Question 21

assault

Answer 21

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

Question 22

battery

Answer 22

an action that causes bodily harm to another

Question 23

defamation of character

Answer 23

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

Question 24

false imprisonment

Answer 24

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

Question 25

fraud

Answer 25

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

Question 26

4 essential elements of contract

Answer 26

• agreement
• consideration
• legal subject matter
• contractual capacity