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Administrative law

covers regulations set by government agencies

Assault

imminent apprehension of bodily harm

Battery

bodily harm and unlawful touching

Beyond a reasonable doubt

evidence that is almost an absolute certainty that a person did commit a crime

Breach

neglect of an understanding betweeen two parties; failing to perform a legal duty

Breach of contract

failure to perform a promised duty

Case law

based on decisions made by judges

Check and balances

each branch of government is scrutinized by other branches of government

Civil law

relationships between individuals or between individuals and the government, which are not criminal

Class action lawsuit

filed by one or more people on behalf of a larger group of people who are all affected by the same situation

Closing arguments

speech or summary made by the attorneys for both the plaintiff and the defendant

Common law

based on decisions made by judges

Competent

capable of making a decision without mental confusion due to drugs, alcohol, or other reasons

consideration

something of value given as part of the agreement

constitutional law

inviolable rights, privileges, or immunities secured and protected for each citizen

contract law

enforceable promises and agreements between two or more persons to do or not to do a particular thing

criminal case

court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty

criminal laws

set up to protect the public from the harmful acts of others

defamation of character

making false and/or malicious statements about another person; includes libel and slander

defendant

person or group of people sued civilly or prosecuted criminally in a court of law

deposition

oral testimony that is made before a public officer of the court to be used in a lawsuit

discovery

the legal process by which facts are discovered before a trial

embezzlement

the illegal taking of property, usually money, by a person entrusted with its possession

expert witness

a medical practitioner who has special knowledge about a subject and gives testimony about that subject in court, usually for a fee

expressed contract

an agreement that is entered into orally or in writing

felony

a serious crime that carries a punishment of death or imprisonment for more than one year

fraudulent

deceitful

implied contract

an agreement that is made through inference by signs, inaction, or silence

indictment

a written charge presented to the court by the grand jury against a defendant

intentional torts

when a person has been intentionally or deliberately injured by another-assault, battery, false imprisonment

jurisdiction

the power to hear a case

libel

any publication in print, writing, pictures, or signs that injures the reputation of another person

litigation

a dispute that has resulted in one party suing another

misdemeanors

less serious offenses that felonies; punishable by fines or imprisonment of up to one year; traffic violations and disturbing the peace

plaintiff

a person or group of people suing another person or group of people; the person who instigates the lawsuit

pleadings

formal written statements

preponderance of evidence

something showing that more likely than not the incident occurred

prosecutor

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 person that brings injury to his or her reputation

stare decisis

"Let the decision stand", latin phrase

statutes

laws enacted by state and federal legislatures

subpoena

court order for a person or documents to appear in court

subpoena duces tecum

"under penalty take with you" latin phrase-court order to appear in court and bring certain records

summary judgment

judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

tort

a civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages

tort law

division of law that covers acts that result in harm to another; covers wrongful acts

unintentional torts

such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care

waive

give up a right

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