Administrative Law
Law that covers regulations by government agencies
Assault
Imminent apprehension of bodily harm
Battery
Bodily harm
... [Show More] and unlawful touching
Beyond a reasonable doubt
Evidence that a person committed a crime
Breach
Failing to perform a legal duty
Breach of contract
Failure to perform a contractual duty
Case law
Based on previous decisions made by judges (common/case law)
Checks and balances
No one branch of government would have more power than another
Civil Law
Relationships between individuals
Class action lawsuits
Lawsuit filed by one or more persons who are affected by the same situation
Closing Argument
Closing speech
Common Law
Based on decisions made by judges (common/case law)
Competent
Making a decision without mental confusion due to drugs, etc.
Consideration
Something of value given as a part of the agreement
Constitutional Law
Invisible rights, privileges
Contract law
Division of law that includes enforceable promises and agreements between two or more persons
Criminal case
Court action brought by the government against a person or groups
Criminal Laws
Set up to protect the public from harmful acts of others
Defamation of character
Includes libel or slander
Defendant
Person or group sued civilly or criminally
Deposition
Oral testimony used in a lawsuit
Discovery
The legal process by which facts are discovered before a trial
Embezzlement
a form of fraud, Illegal appropriation of property or money
Expert witness
(expert) person who gives testimony about a subject
Expressed contract
An agreement entered in writing
False imprisonment
A violation of the personal liberty of the another person ~unlawful restraint
Felony
A serious crime that carries a punishment of death
Fraudulent
Deceitful
Implied contract
An agreement made through signs or silence
Indictment
Written charge presented to the court by a grand jury
Intentional torts
When a person has been intentionally injured by another
Unintentional torts
when a patient is injured unintentionally. Such as negligence, i.e. healthcare professional not exercising ordinary standard of care.
Invasion of privacy
Unauthorized publicity of information about a person
Jurisdiction
The power to hear a case
Libel
Publication in print, writing, pictures that injures the reputation of another
Litigation
Dispute that has resulted in one party suing another
Misdemeanors
Less serious offenses than felonies
Municipal Ordinances
A law, statute, or regulation enacted by a Municipal court system.
An ordinance is a law passed by a municipal government. A municipality is :a city, town, village, or borough.
Negligence
Failure or omission to perform professional duties to an accepted standard of care
Plaintiff
Person who instigates the lawsuits
Pleadings
Formal written statements
Preponderance of evidence
Evidence showing that more likely than not the incident occurred
Prosecuter
A person who brings a criminal lawsuit on behalf of the government
Regulations
Rules or laws made by agencies
Slander
Speaking false and malicious words concerning another
Subpoena
Court order for person to appear in court
Statues
Laws enacted by state and federal legislatures
Summary judgement
Judges ruling to end a lawsuit without a trial based
Tort
Civil injury or wrongful act (intentional) that is committed against another person or property.
Waive
Give up a right
The purpose of the Constitution is to
Set up the government, defines the governments power act and sets limitations on the governments power
Congress is the _______ branch of the government
Legislature
Precedent
The ruling in an early case that is then applied to subsequent case when the facts are the same
Common law is established from
A court decision
Which of the following best defines an expressed contract
Agreement is shown in orally or clearly stated
The federal court system has jurisdiction
Dispute relates to a federal law or US Constitution, the government parties within the dispute, cases involves over $75,000, citizen from another country, an occurrence in international waters
Which of the following is the lowest to the highest of the state courts
Municipal, circuit, Supreme
Sources of Law are:
regulatory law, statutory law, common law, constitutional law.
Difference between civil law and criminal law:
Civil law concerns relationships either between individuals or between individuals and the government. It involves all the law that is not criminal law
Criminal laws are made to protect the public as a whole from the harmful acts of others.
List six intentional torts and give examples of each.
assault, battery, false imprisonment, defamation of character, fraud, invasion of privacy. [Show Less]