three branches of government
legislative, executive, judicial
executive order
a rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress
judicial branch
interprets the law and oversees the enforcement of laws
executive branch
responsible for administering the law
legislative branch
primary duty is to write, debate, and pass bills
checks and balances
the system established by the US Constitution that keeps any one branch of government from assuming too much power over the other branches
governor
the head of the state's executive branch
constitutional law
based on a formal document that defines broad governmental powers
case law
law set by legal precedent, began with common law
legal precedent
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
laws passed by federal or state legislatures
municipal ordinance
laws passed by city governments
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 (ie. Miranda law)
criminal law
crimes against the state
federal criminal offense
matters affecting national security (treason), crimes involving the country's borders, and illegal activities that cross state lines, such as kidnapping or hijacking
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
accessory
one who contributes to or aids in the commission of a crime - by a direct act, by an indirect act, by watching and not giving aid, or by concealing the criminal's crime
civil law
law that involves wrongful acts against persons
tort
a civil wrong committed against a person or property, excluding breach of contract, can be intentional or unintentional
tortfeasor
person guilty of committing a tort
assault
open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm
battery
an action that causes bodily harm to another, any bodily contact made without permission.
defamation
involves damaging a person's reputation by making public statements that are both false and malicious
libel
expressing in published print, writing, pictures, or signed statements content that injure the reputation of another, includes reading statements aloud or broadcasting for the public to hear
slander
speaking defamatory or damaging words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood
false imprisonment
the intentional, unlawful restraint or confinement of one person by another
fraud
dishonest or deceitful practices in depriving or attempting to deprive another of his or her rights
invasion of privacy
an intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission
trespass
wrongful injury to or interference with the property of another
nuisance
anything that interferes with the enjoyment of life or property
interference with contractual relations
intentionally causing one person not to enter into or to break a contract with another
deceit
false statement or deceptive practice done with intent to injure another
conversion
unauthorized taking or borrowing of personal property of another for the use of the taker
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; didn't intend to do it or should have known better
malpractice
the negligent delivery of professional services
jurisdiction
the power of a court to hear and decide a case before it, conceptually divided between the subject matter or a case and over the person of the litigants
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
judges
elected or appointed to preside over the court and in most states must be licensed attorneys, rule on points of law about trial procedure, presentation of evidence, and all laws that apply to the case.
attorneys
represent plaintiffs and defendants, presenting evidence so that the jury or the judge can reach a verdict
court clerks
keep court records and seals, enter court orders and judgments into the record, and keep the papers of the court
bailiffs
keep order in the courtroom and may remove disruptive persons from the court a the judge's request, armed with guns
court reporters
make a running account of all court proceedings, using a stenotype machine that types shorthand symbols onto a tape
juries
most often selected from lists of registered voters, 6 or 12 jurors are chosen to hear the evidence presented in court and render a verdict
contract
voluntary agreement between two parties in which specific promises are made for a consideration
agreement
one party makes an offer, and another party accepts it
consideration
something of value is bargained for as part of the agreement
void
without legal force or effect
breach of contract
failure of either party to comply with the terms of a legally valid contract
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
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; the conduct of the parties creates the contract
Statute of Frauds
states which contracts must be in writing to be enforced, state legislation governing written contracts
third party payer contract
a written agreement signed by a party other than the patient who promises to pay the patient's bill (ie. insurance policies); agreements by a third party to pay for services rendered to another
Regulation Z of the Consumer Protection Act
also known as the Truth-in-Lending Act, applies to each individual or business that offers or extends consumer credit if four conditions are met; purpose is to protect consumers from fraudulent or deceptive hidden finance charges levied by creditors, but
Fair Debt Collection Practices Act
requires debt collectors and creditors to treat debtors fairly; prohibits harassment, misrepresentation, threats, disseminating false information about the debtor, and engaging in unfair or illegal practices in attempting to collect a debt; covers persona
implied limited contract
based on the patient's implied request for and consent to emergency treatment
Patient Bill of Rights
created by the American Hospital Association (AHA), was used extensively throughout the healthcare system, but failed to become law
law of agency
the law that governs the relationship between a principal and his or her agent; employers are liable for the actions of their employees when employees perform said actions ad part of their work under the supervision of the employer
agent
one who acts for or represents another; in performing workplace duties, the employee acts as the agent, or authorized representative, of the employer
respondeat superior
let the master answer"; a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties