week 1 vocab chapter 1,2,3 Flashcards

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1
Q

governmental rule prescribing conduct and carrying a penalty for violation

A

law

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2
Q

(not a definition)

laws written by a legislative body (4)

A
  1. statues
  2. criminal law
  3. crime
  4. ordinance
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3
Q

laws which are enacted by legislative bodies (federal and state laws)

A

statues

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4
Q

laws dealing with crimes and the punishment of wrongdoers

A

criminal law

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5
Q

an offense which is injurious to society as a whole

A

crime

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6
Q

law enacted by a local unit of government (county, city, etc)

A

ordinance

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7
Q

(not a definition) laws made by courts/judges (2)

A
  1. common law

2. stare decisis

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8
Q

the body of law deriving from judicial decisions, rather than from statutes or construction

A

common law

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9
Q

the principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future

A

stare decisis

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10
Q

(not a definition) criminal law vs. civil law (4)

A
  1. criminal law
  2. crime
  3. felony
  4. misdemeanor
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11
Q

serious criminal offense by imprisonment for more than one year or death

A

felony

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12
Q

a less serious crime punishable by fine and/or imprisonment of less than one year

A

misdemeanor

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13
Q

the body of law concerned with private or purely personal rights

A

civil law

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14
Q

a private or civil wrong against a person or his/her property, other than by breach of contract for which there may be an action of damages

A

tort

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15
Q

failure to exercise reasonable care

A

negligence

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16
Q

failure to perform a professional service with the ability and care generally exercised by others in the profession

A

malpractice

17
Q

rules of conduct for the performance of business transactions

A

business law

18
Q

(not a definition)

non-monetary civil remedies (3)

A
  1. injunction
  2. recession
  3. specific performance
19
Q

a judicial order or decree forbidding certain conduct

A

injunction

20
Q

to set aside or cancel a contract

A

recission

21
Q

a remedy by which the court requires the breaching party to perform the contract

A

specific performance

22
Q

(not a definition)

parties to civil actions (3)

A
  1. trial court
  2. plaintiff
  3. defendant
23
Q

court which conducts the original trial of a case

A

trial court

24
Q

the party who initiates a civil action

A

plaintiff

25
Q

the party against whom legal action is brought

A

defendant

26
Q
(not a definition) 
civil procedure (5)
A
  1. complaint (petition)
  2. summons
  3. discovery
  4. judgement
  5. execution
27
Q

the document which initiates a civil action

A

complaint (petition)

28
Q

a notice given to a defendant, attaching the complaint and stating a time frame in which to respond

A

summons

29
Q

the formal and informal exchange of information between sides in a lawsuit

A

discovery

30
Q

a decision of the court at the end of the trial

A

judgement

31
Q

the carrying out or competition of some task

A

execution