Executive Order
a rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.
Checks and Balances
the system established by the U.S. constitution that keeps any one branch of government from assuming too much power over the other branches.
Constitutional Law
law that derives from federal and state consitutions.
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 poweres 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.
Plantiff
the person bringing charges in a lawsuit.
Prosecution
the governement as plantiff in a criminal case.
Defendent
the person or party against whom charges are brought in a criminal or civil lawsuit.
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 of failed to perform an act that a reasonable person would or would not have done in similar circumstances.
Jurisdiction
the power and authority given to a court to hear a case and to make a judgement.
Contract
a voluntary agreement between two parties in which specific promises are made for a consideration.
Mentally Incompetent
unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract.
Voidable
able to be set aside or to be revalidated at a later date.
Minor
anyone under the age majority; 18 years in most states, 21 years in some jurisdictions.
Expressed Contract
a written or oral agreement in which all terms are explicitly stated.
Implied Contract
an unwritten and unspoken agreement whose terms result from the actions of the parties involved.
Statute Of Frauds
state legislation governing written contracts.
Third Part Payor Contract
a written agreement signed by a party other than the patient who promises to pay that patient's bill.
Law of Agency
the law that governs the relationship between a principal and his or her agent.
Agent
one who acts for or represents another. In performing workplace duties, the employee acts as the agent, or authorized representative, of the employer.