Administrative Law
Law that covers regulations by government agencies
Assault
Imminent apprehension of bodily harm
Battery
Bodily harm and unlawful touching
Beyond a reasonable doubt
Evidence that a person committed a crime
Breach
Failing to perform a legal duty
Breach of contract
Failure to perform a contractual duty
Case law
Based on previous decisions made by judges (common/case law)
Checks and balances
No one branch of government would have more power than another
Civil Law
Relationships between individuals
Class action lawsuits
Lawsuit filed by one or more persons who are affected by the same situation
Closing Argument
Closing speech
Common Law
Based on decisions made by judges (common/case law)
Competent
Making a decision without mental confusion due to drugs, etc.
Consideration
Something of value given as a part of the agreement
Constitutional Law
Invisible rights, privileges
Contract law
Division of law that includes enforceable promises and agreements between two or more persons
Criminal case
Court action brought by the government against a person or groups
Criminal Laws
Set up to protect the public from harmful acts of others
Defamation of character
Includes libel or slander
Defendant
Person or group sued civilly or criminally
Deposition
Oral testimony used in a lawsuit
Discovery
The legal process by which facts are discovered before a trial
Embezzlement
a form of fraud, Illegal appropriation of property or money
Expert witness
(expert) person who gives testimony about a subject
Expressed contract
An agreement entered in writing
False imprisonment
A violation of the personal liberty of the another person ~unlawful restraint
Felony
A serious crime that carries a punishment of death
Fraudulent
Deceitful
Implied contract
An agreement made through signs or silence
Indictment
Written charge presented to the court by a grand jury
Intentional torts
When a person has been intentionally injured by another
Unintentional torts
when a patient is injured unintentionally. Such as negligence, i.e. healthcare professional not exercising ordinary standard of care.
Invasion of privacy
Unauthorized publicity of information about a person
Jurisdiction
The power to hear a case
Libel
Publication in print, writing, pictures that injures the reputation of another
Litigation
Dispute that has resulted in one party suing another
Misdemeanors
Less serious offenses than felonies
Municipal Ordinances
A law, statute, or regulation enacted by a Municipal court system.
An ordinance is a law passed by a municipal government. A municipality is :a city, town, village, or borough.
Negligence
Failure or omission to perform professional duties to an accepted standard of care
Plaintiff
Person who instigates the lawsuits
Pleadings
Formal written statements
Preponderance of evidence
Evidence showing that more likely than not the incident occurred
Prosecuter
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
Subpoena
Court order for person to appear in court
Statues
Laws enacted by state and federal legislatures
Summary judgement
Judges ruling to end a lawsuit without a trial based
Tort
Civil injury or wrongful act (intentional) that is committed against another person or property.
Waive
Give up a right
The purpose of the Constitution is to
Set up the government, defines the governments power act and sets limitations on the governments power
Congress is the _______ branch of the government
Legislature
Precedent
The ruling in an early case that is then applied to subsequent case when the facts are the same
Common law is established from
A court decision
Which of the following best defines an expressed contract
Agreement is shown in orally or clearly stated
The federal court system has jurisdiction
Dispute relates to a federal law or US Constitution, the government parties within the dispute, cases involves over $75,000, citizen from another country, an occurrence in international waters
Which of the following is the lowest to the highest of the state courts
Municipal, circuit, Supreme
Sources of Law are:
regulatory law, statutory law, common law, constitutional law.
Difference between civil law and criminal law:
Civil law concerns relationships either between individuals or between individuals and the government. It involves all the law that is not criminal law
Criminal laws are made to protect the public as a whole from the harmful acts of others.
List six intentional torts and give examples of each.
assault, battery, false imprisonment, defamation of character, fraud, invasion of privacy.
Difference between a felony and a misdemeanor:
~A Felony is a serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery, and practicing medicine without a license.
~Misdemeanors are less serious offenses. They include traffic violations
Differentiate between common law and statutory law.
Statutory law is legislative, while common law is judicial.
What is meant by burden of proof?
the need to provide enough evidence to convince the jury one party should prevail over the other (burden of persuasion).
what is a subpoena and who can accept it?
A subpoena to a particular named person, can only be accepted by that specific person (exceptions for state/gov't employees)
What is the difference between libel and slander?
written (Libel is, in general, any publication in print, writing, pictures, or signs) -vs- spoken ( slander (oral defamation) is speaking false and malicious words
What are some of the reasons for termination of a medical contract?
failure to follow instructions, missed appointments, failure to pay for service, and if the patient states (orally or in writing) that he/she is seeking the care of another physician
What is the role of the appellate court within the court system?
the appellate court will determine if the trial or lower court correctly applied the law
Sources of law include all of the following except
a. regulatory law.
b. executive law.
c. statutory law.
d. common law.
e. constitutional law.
executive
Subpoena duces mecum means:
under penalty, take/bring with you (documents, etc)
Stare decisis means:
let the decision stand
Administrative law covers all of the following except:
a. health department regulations.
b. licensing of prescription drugs.
c. Internal Revenue Service regulations.
d. fraud.
e. all of the above are covered under administrative law.
all of the above are covered under administrative law.
The person who brings the action into litigation is called a(n):
plaintiff
A court order that requires a witness to appear in court with certain records is called a:
subpoena duces tecum.
The common law of the past that is based on a decision made by judges is called:
case law=common law
The threat of doing bodily harm to another person�stating, for example, "If you won't allow us to continue this procedure, we will have to tie your hands." ~is:
a. assault.
b. battery.
c. fraud.
d. invasion of privacy.
e. all of the above.
assault
Standard of care refers to the care that
a. a reasonable person would use.
b. is ordinary care.
c. a prudent person would use.
d. healthcare professionals in all specialties must practice.
e. all of the above.
all of the above.
Removing one's clothing in order to allow the physician to perform a physical examination is a(n)
a. invasion of privacy.
b. defamation of character.
c. implied contract.
d. abandonment.
e. none of the above is correct.
implied contract