Medical Law, Ethics, and Bioethics - Chapter 2 - The Legal System

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