Common law, or case law, is based
On a previous court decision which lead to a common understanding of how a law should be interpreted.
'Standard of care' means
Any care any reasonable person would use in a similar circumstance.
The type of law that addresses a breach, or neglect, of a legally binding agreement between two parties is
Contract law.
Which is not one of the three branches established by the U.S. Constitution
Administrative branch
An expressed contract is an agreement that clearly states all the terms, and entered into
Orally or in writing.
The court's power to hear a specific type of case
Jurisdiction.
The U.S. Constitution grants the judicial branch the power to
Interpret the laws.
An intentional tort
Negligence
Something of value, part of the agreement needed in forming a contract
Consideration
The rules or laws made by agencies
Regulations
A written command from the court for a person or documents to appear before the court.
Subpoena.
A civil injury or wrongful act that is committed against another person or against property resulting in harm, and compensated by money damages
Tort
This law concerns relationships either between individuals or between individuals and the government
Civil law
A breach of contract occurs
One party does not keep their promise.
Laws protect individual rights and
Society's rights.
The legislatures constitutional authority
Write laws.
Legislatures authorize agencies to
Make laws through enabling legislation.
Any citizen can bring a criminal lawsuit against another person
True or False
False
Criminal lawsuits
Offenses against society that can only be brought by the government; local, state, or federal.
A physician's license can be revoked by the state licensing board if he or she is charged with a felony crime
True or False
False
The type of law that addresses a breach, or neglect, of a legally binding agreement between two parties is
Contract law
Can be taken before the actual trial, the person's statement is recorded with witnesses present
Deposition
Requires the fear of harm and can occur without any actual harm?
Assault
Requires actual harm and not any fear of harm
Battery
The lawmaking body of the legislative branch
Congress
A contract, one in which the agreement is shown through inference by signs, inactions, or silence
Implied
The legislative branch is referred to as
Congress
Congress is composed of
Members of the Senate and House of Representatives
Three branches of the U.S. Government
Legislative Branch, Executive Branch
Judicial Branch
What makes up the executive branch and what does it do?
The President of the U.S., his cabinet and various advisers,
What makes up the judicial branch and what does it do?
Judges and the federal courts, including the Supreme Court, they interpret the laws.
Who appoints all federal and Supreme Court judges?
The President.
This is the country's highest judicial authority which sets up the government, defines the government's power to act, and sets limits on the government's power, and takes precedence over all state laws and the state constitutions?
The U.S. Constitution
Laws passed by legislative bodies, either Congress or a state legislature
Statutes
Why is common law also called case law
Because common law evolves on a case-by-case basis.
Common law/case law is based on
Decisions made by judges.
'Stare decisis'
Let the decision stand, to abide by, or adhere to, decided cases. It come from the precedence of basing decisions on similar past case decisions.
Civil law involves
All the law that is not criminal.
Tort law
Private or civil wrongful acts that result in harm to another person or that person's property.
Enforceable promises and agreements between two or more persons to do, or not do, a particular action
Contract law.
A civil injury, or wrongful act, committed against another person or property, resulting in harm, and compensated by money damages
A tort.
Includes, assault, battery, false imprisonment, defamation of character, fraud, and invasion of privacy
Intentional torts.
Intentional tort
A person has been intentionally or deliberately injured by another.
Defamation of character
Making false and/or malicious statements about another person.
Two forms of defamation of character
Slander or libel
Slander
Speaking false and malicious words concerning another person that brings injury to his or her reputation.
Libel
Any publication in print, writing, pictures, or signs that injures the reputation of another person.
Fraud
Attempt to deceive another person.
Embezzlement
Form of fraud, the illegal appropriation of property, usually money by a person entrusted with its possession.
Expressed contract
An agreement that clearly states all the terms, It can be entered into orally or in writing.
Implied contract
Agreement shown through inference by signs, inaction, or silence.
Breach of contract
Either party fails to comply with the terms of the agreement.
The purpose of criminal law
Defining socially intolerable conduct that is punishable by law, made to protect the public as a whole from the harmful acts of others.
Who brings a criminal case
The government (the state in most cases).
Two categories that criminal act's fall into
Felony and misdemeanor.
Felonies punishment
Death or imprisonment in a state or federal prison for more than one year.
Felonies
Murder, rape, sodomy, robbery, larcent, arson, burglary, tax evasion, and practicing medicine without a license.
Misdemeanor
Less serious offense than felonies.
Misdemeanors
Traffic violations, disturbing the peace, and minor theft.
Misdemeanors punishment
Fines or imprisonment in jail for up to one year.
Defendant
The person being sued in a court of law.
Plaintiff
The person bringing an action into litigation.
Discovery
Legal process which facts are discovered before a trial begins.
Subpoena
Written command from the court for a person or documents to appear in court.
Deposition
A statement recorded with witnesses present, may not be required to appear in court.
Subpoena duces tecum mean
Under penalty, take with you. A court order requiring a witness to appear in court and to bring certain records or other material to a trial or deposition.
What does the executive branch do
Administer and enforce the laws