CH 4 Law and Ethics

executive order

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

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

administrative law

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

substantive law

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

procedural law

law that defines the rules used to enforce substantive law

criminal law

law that involves crimes against the state

felony

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

misdemeanor

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

civil law

law that involves wrongful acts against persons

tort

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

tortfeasor

the person guilty of committing a tort

negligence

an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances

jurisdiction

the power of a court to hear and decide a case before it

plaintiff

the person bringing charges in a lawsuit

prosecution

the government as plaintiff in a criminal case

defendant

the person or party against whom charges are brought in a criminal or civil lawsuit

contract

a voluntary agreement between two parties in which specific promises are made for a consideration

void

without legal force or effect

breach on contract

failure of either party to comply with the terms of a legally valid contract

minor

anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions

statute of frauds

state legislation governing written contracts

law of agency

the law that governs the relationship between a principal and his or her agent