Chapter 7

abandonment

to withdraw protection or support; in medicine, to discontinue medical care without proper notice after accepting a patient.

act

the formal action of a legislative body; a decision or determination of a sovereign state, a legislative council, or a court of justice.

allegation

a statement by a party to a legal action of what the party undertakes to prove; an assertion made without proof.

appeal

a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court.

appellate

having the power to review the judgment of another tribunal or body of jurisdiction, such as an appellate court.

arbitration

the hearing & determination of a cause in controversy by a person or persons either chosen by the parties involved or appointed under statutory authority.

arbitrator

a neutral person chosen to settle differences between two parties in a controversy.

assault

an intentional, unlawful attempt of bodily injury to another by force.

assent

to agree to something, especially after thoughtful consideration.

bailiff

an officer of some U.S. courts who usually serves as a messenger or usher, who keeps order at the request of the judge.

battery

a willful & unlawful use of force or violence on the person of another.

Code of Federal Regulations (CFR)

a coded delineation of the rules & regulations published in the Federal Register by the various departments & agencies of the federal government. The CFR is divided into 50 titles that represent broad subject areas & chapters that provide specific detail.

contributory negligence

statutes in some states that may prevent a party from recovering from some damages if he/she contributed in any way to the injury or contribution.

damages

loss or harm resulting from injury to person, property, or reputation; compensation in money imposed by law for losses or injuries.

decedent

a legal term for a deceased person.

defendant

a person required to answer in a legal action or suit, in criminal cases, the person accused of a crime.

docket

a formal record of judicial proceedings; a list of legal cases to be tried.

due process

a fundamental constitutional guarantee that all legal proceedings will be fair; that one will be given notice of the proceedings & given an opportunity to be heard before the government acts to take away life, liberty, or property; a constitutional guaran

emancipated minor

a person under legal age who is self-supporting & living apart from parents or a guardian; a mature minor considered by the courts to possess a sufficient understanding of self-care & responsibility.

expert witness

people who provide testimony to a court as experts in certain fields or subjects to verify facts presented by one or both sides of a lawsuit, often compensated & used to refute or disprove the claims of one party.

felony

a major crime, such as murder, rape, or burglary; punishable by a more stringent sentence than that given for a misdemeanor.

fine

a sum imposed as punishment for an offense; a forfeiture or penalty paid to an injured party or the government in a civil or criminal action.

guardian ad litem

legal representative for the minor.

implied consent

presumed consent, such as when a patient offers an arm for a phlebotomy.

informed consent

a consent, usually written, which states understanding of what treatment is to be undertaken & of the risks involved, why it should be done, & alternative methods of treatment available (including no treatment) & their attendant risks.

infractions

breaking the law; minor offenses against the rules, usually punishable by fines.

judicial

of or relating to a judgment, the function of judging, the administration of justice, or the judiciary.

jurisdiction

a power constitutionally conferred on a judge or magistrate to decide cases according to law & to carry sentence into execution; jurisdiction is original when it is conferred on the court in the first instance, called original jurisdiction; or it is appel

jurisprudence

the science or representation that conveys an unjustly unfavorable impression.

law

a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforceable by a controlling authority.

liable

obligated according to law or equity; responsible for an act or circumstance.

libel

a written defamatory statement or representation that conveys an unjustly unfavorable impression.

litigious

prone to engage in lawsuits.

manifestation

something that is easily understood or recognized by the mind.

misdemeanor

a minor crime, as opposed to a felony; punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.

municipal courts

courts that sit in some cities & larger towns & that usually have civil & criminal jurisdiction over cases arising within the municipality.

negligence

failure to exercise the care a prudent person usually exercises; implies inattention to one's duty or business; implies want of due or necessary diligence or care.

ordinance

authoritative decree or direction; law set forth by a governmental authority, specifically, municipal regulations.

other potentially infectious materials (OPIM)

substances or materials other than blood that have the potential to carry infectious pathogens, such as body fluid, urine, semen, & others.

perjured testimony

the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false testimony.

physician office laboratories

laboratories owned by a private physician or corporation, such as the laboratory inside a physician's office or at a freestanding laboratory.

plaintiff

the person or group bringing a case or legal action to court.

precedence

to surpass in rank, dignity, or importance; to be, go, or come ahead or in front of.

precedents

a person or thing that serves as a model; something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same kind.

preponderance of the evidence

evidence of greater weight or more convincing that the evidence offered in opposition to it; evidence that as a whole shows that the fact sought to be proven is more probably than not.

prudent

marked by wisdom or judiciousness; shrewd in the management of practical affairs.

quackery

the pretense of curing disease.

reasonable doubt

doubt based on reason & arising from evidence or lack of evidence; it is not doubt that is imagined or conjured up, but doubt that would cause reasonable persons to hesitate before acting.

reciprocity

the mutual exchange of privileges; a recognition of one state or institution of the licenses or privileges granted by the other.

recourse

a turning to something or someone for help or protection.

relevant

having significant & demonstrable bearing on the matter at hand.

respondent

the person required to make answer in a civil legal action or suit;similar to a defendant in a criminal trial.

slander

oral defamation; a harmful, false statement made about another person.

statutes

laws enacted by the legislative branch of a government.

stipulate

to specify as a condition or requirement of an agreement or offer; to make an agreement or covenant to do or forbear from doing something.

subpoena

a writ or document commanding a person to appear in court under a penalty for failure to appear.

subpoena duces tecum

a legally binding request to appear in court & provide records or documents that pertain to a particular case.

testimony

a solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official.

Uniform Commercial Code (UCC)

a unified set of rules convering many business transactions; it has been adopted in all 50 states, the District of Columbia, & most U.S. territories. It regulates the fields of sales of goods; commercial paper, such as checks; secured transactions in pers

verdict

the finding or decision of a jury on a matter submitted to it in trial.