Chapter 3: Legal Principles

• Sources Of Law: The United States has both federal and state laws
• Three Branches Of Government: Legislative, Executive, and Judicial
• Litigious: Prone to lawsuits
• Act: A bill that has passed becomes this; also found in the name of a specific law.
• Law: A rule of conduct or action prescribed or formally recognized as enforceable by a controlling authority.
• Statute: Used more to refer to the contents of the actual law
• Ordinance: A piece of legislation passed by a municipality or local government.
• Precedent: A prior court decision that serves as a model for similar legal cases in the future
• Case Law: Derived from legal precedents and common law
• Constitutional Law: Derived from the federal and state constitutions, which give power to federal and state governments.
• Common Law: Unwritten laws that come from judicial decisions based on societal traditions and customs
• Statutory Law: Refers to the laws enacted by state and federal legislatures
• Liable: Legally responsible or obligated
• Defense: A strategy used by the defendant to avoid liability in a lawsuit
• Omissions: Lack of actions
• Criminal Law: Statutes that define actions or omissions (lack of actions) that threaten and/or harm public safety and welfare.
• Crimes: Actions or omissions that are prohibited by criminal laws (and the government)
• Civil Laws: Protect and define private rights
• Tort: A civil wrong-doing that causes harm to a person or property, excludes breach of contract
• Tortfeasor: The individual or entity who committed the tort, either intentionally or as a result of negligence
• Regulatory & Administrative Law: Laws related to procedures, regulations, and rules of governmental administrative agencies
• Damages: A monetary settlement that the defendant pays the plaintiff in a civil case for loss or injury
• Injunction: A court order by which an individual or institution is required to perform or refrain from performing a certain act
• Special Damages: A settlement for a specific dollar amount that directly relates to medical bills
• Declaratory Judgement: A court judgement that defines the legal rights of the parties involved
• Alternative Dispute Resolution: The process of settling disputes outside of litigation.
• Legally Binding: A legal obligation
• Insured: The person or company purchasing the insurance policy
• Nominal Damages: Very small settlement because the plaintiff's injury was slight
• Premium: The payment the insured pays to the insurance company
• Insurer: Another name for the Insurance Company
• Third Party: When the insurer pays the plaintiff
• Consent: One party voluntarily agrees with another party's proposition or plan
• Contract: An agreement between two parties
• License Surrendered: A person voluntarily gives up their license
• License Revoked: The license is terminated and the person can no longer practice in that occupation in the state.
• Probation: A person's license is monitored for a specific period of time
• Licensed Suspended: A person cannot practice in that occupation for a specific period of time
• Reprimand: A person is sent a warning or letter of concern
• A Law is a rule of conduct or action prescribed or formally recognized as enforceable by a controlling authority