Law & Ethics Chapter 4

three branches of government

legislative, executive, judicial

executive order

a rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress

judicial branch

interprets the law and oversees the enforcement of laws

executive branch

responsible for administering the law

legislative branch

primary duty is to write, debate, and pass bills

checks and balances

the system established by the US Constitution that keeps any one branch of government from assuming too much power over the other branches

governor

the head of the state's executive branch

constitutional law

based on a formal document that defines broad governmental powers

case law

law set by legal precedent, began with common law

legal precedent

decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation

statutory law

laws passed by federal or state legislatures

municipal ordinance

laws passed by city governments

administrative law

enabling statutes enacted to define powers and procedures when an agency is created

substantive law

the statutory or written law that defines and regulates legal rights and obligations

procedural law

law that defines the rules used to enforce substantive law (ie. Miranda law)

criminal law

crimes against the state

federal criminal offense

matters affecting national security (treason), crimes involving the country's borders, and illegal activities that cross state lines, such as kidnapping or hijacking

felony

an offense punishable by death or by imprisonment in a state or federal prison for more than one year

misdemeanor

a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year

accessory

one who contributes to or aids in the commission of a crime - by a direct act, by an indirect act, by watching and not giving aid, or by concealing the criminal's crime

civil law

law that involves wrongful acts against persons

tort

a civil wrong committed against a person or property, excluding breach of contract, can be intentional or unintentional

tortfeasor

person guilty of committing a tort

assault

open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm

battery

an action that causes bodily harm to another, any bodily contact made without permission.

defamation

involves damaging a person's reputation by making public statements that are both false and malicious

libel

expressing in published print, writing, pictures, or signed statements content that injure the reputation of another, includes reading statements aloud or broadcasting for the public to hear

slander

speaking defamatory or damaging words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood

false imprisonment

the intentional, unlawful restraint or confinement of one person by another

fraud

dishonest or deceitful practices in depriving or attempting to deprive another of his or her rights

invasion of privacy

an intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission

trespass

wrongful injury to or interference with the property of another

nuisance

anything that interferes with the enjoyment of life or property

interference with contractual relations

intentionally causing one person not to enter into or to break a contract with another

deceit

false statement or deceptive practice done with intent to injure another

conversion

unauthorized taking or borrowing of personal property of another for the use of the taker

negligence

an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances; didn't intend to do it or should have known better

malpractice

the negligent delivery of professional services

jurisdiction

the power of a court to hear and decide a case before it, conceptually divided between the subject matter or a case and over the person of the litigants

plaintiff

the person bringing charges in a lawsuit

prosecution

the government as plaintiff in a criminal case

defendant

the person or party against whom charges are brought in a criminal or civil lawsuit

judges

elected or appointed to preside over the court and in most states must be licensed attorneys, rule on points of law about trial procedure, presentation of evidence, and all laws that apply to the case.

attorneys

represent plaintiffs and defendants, presenting evidence so that the jury or the judge can reach a verdict

court clerks

keep court records and seals, enter court orders and judgments into the record, and keep the papers of the court

bailiffs

keep order in the courtroom and may remove disruptive persons from the court a the judge's request, armed with guns

court reporters

make a running account of all court proceedings, using a stenotype machine that types shorthand symbols onto a tape

juries

most often selected from lists of registered voters, 6 or 12 jurors are chosen to hear the evidence presented in court and render a verdict

contract

voluntary agreement between two parties in which specific promises are made for a consideration

agreement

one party makes an offer, and another party accepts it

consideration

something of value is bargained for as part of the agreement

void

without legal force or effect

breach of contract

failure of either party to comply with the terms of a legally valid contract

mentally incompetent

unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract

voidable

able to be set aside or to be revalidated at a later date

expressed contract

a written or oral agreement in which all terms are explicitly stated

implied contract

an unwritten and unspoken agreement whose terms result from the actions of the parties involved; the conduct of the parties creates the contract

Statute of Frauds

states which contracts must be in writing to be enforced, state legislation governing written contracts

third party payer contract

a written agreement signed by a party other than the patient who promises to pay the patient's bill (ie. insurance policies); agreements by a third party to pay for services rendered to another

Regulation Z of the Consumer Protection Act

also known as the Truth-in-Lending Act, applies to each individual or business that offers or extends consumer credit if four conditions are met; purpose is to protect consumers from fraudulent or deceptive hidden finance charges levied by creditors, but

Fair Debt Collection Practices Act

requires debt collectors and creditors to treat debtors fairly; prohibits harassment, misrepresentation, threats, disseminating false information about the debtor, and engaging in unfair or illegal practices in attempting to collect a debt; covers persona

implied limited contract

based on the patient's implied request for and consent to emergency treatment

Patient Bill of Rights

created by the American Hospital Association (AHA), was used extensively throughout the healthcare system, but failed to become law

law of agency

the law that governs the relationship between a principal and his or her agent; employers are liable for the actions of their employees when employees perform said actions ad part of their work under the supervision of the employer

agent

one who acts for or represents another; in performing workplace duties, the employee acts as the agent, or authorized representative, of the employer

respondeat superior

let the master answer"; a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties