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Law

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a general rule of conduct that is enforced by the government. when law is violated the government imposes a penalty

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public laws

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deal with the relationships between individuals and the government

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private laws

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deal with relationships among individuals. two types of private laws are tort and contract actions

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private law: tort action

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one person holds that the wrongful conduct of another person has caused harm, and the victim seeks compensation.

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private law: contract action

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deals with the accusation of a breach of agreement between two parties. compensation can come in the form of remuneration or performance of the contracted obligation.

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common law

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is derived from judicial decisions. US common law has its roots in the english common law system. the first english common law was written in 1178. there were few written laws at the time, and a collection of principles evolved from the decisions of the court. these principles were then used to decide future cases. during the colonial period the US based its law on english common law among the states.

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common law principles

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established in a higher state court is followed by the lower courts in that state. can be modified abrogated or created by new court decisions. these changes help the law keep pace with the changes in society

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statutory law

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written law that emanates from legislative bodies. a statute can abolish any rule of common law. The constitution is the highest level of enacted law. It takes precedence over the constitutions and laws of specific states and local jurisdictions.

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statutory law cont'd

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can be ammended repealed or expanded by the legislature. States and local jurisdiction can only enact and enforce laws that do not conflict with federal laws.

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administrative law

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is public law issued by administrative agencies to administer the enacted laws of the federal and state governments. This branch of law controls the administrative operations of the government

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: administrative agencies

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A: implement and administer the administrative law. rules and regulations and decisions can be subject to judicial review B: each state has its own system of administrative law

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Seperation of powers

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provides that no one branch of the government- legislative, executive, or judicial will be clearly dominant over the other two.

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legislative branch

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enacts amends and or repeals existing laws

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executive branch

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administers and enforces the law

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judicial branch

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resolves disputes in accordance with the law

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The department of health and human services

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develops and implements administrative regulations for carrying out national health and human services policy objectives

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tort

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is a civil wrong, not including breach of contract, that is committed agains a person or property for which a court provides a remedy in the form of an action for damages

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three categories of torts are:

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1) negligence 2) intentional 3) torts where strict liabilityis assessed regardless of fault

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Negligence

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is a tort- a civil or personal wrong. the unintentional commission or omission of an act that reasonably prudent person would or would not do under the same or similar circumstances.

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Forms of negligence:

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Malfeasance: the execution of an unlawful or improper act Misfeasance: the improper performance of an act that results in injury to another Nonfeasance: a failure to act when there is a duty to do so

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Degrees of negligence: ordinary gross

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ordinary: the failure to do what a reasonably prudent person would do or doing what a reasonably prudent person would not do under circumstances of the act or omission in question Gross: the intentional or wanton omission of care that should be provided or the performance of an improper fact

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to recover damages of negligence these elements must be present

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a: a duty to care- the legal obligation or obligatory conduct owed by one person to another b: breach of duty- failure to meet a prevailing standard of care c: injury- without proof of harm or injury the defendant cannot be found liable for negligence d: causation- the negligence must be a substantial factor in causing injury i-foreseeability is the reasonable anticipation that harm or injury will result from an act or a failure to act. the test for foreseeability is whether one should have reasonably anticipated that the event in question would occur.

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to establish liability your need these three elements

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a. the defendant must have been within the specified class of persons outlined in the statute. b. the plantiff must have been injured in a way that the statute was designed to prevent c. the plantiff must show that the injury would not have occurred had the statute not been violated

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Intentional wrongdoing

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willful act that violates another persons interests. the perpetrator must realize the action will lead to harm

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intentional torts : assault, battery

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assault- the infringement on the mental security or tranquility of another person battery- the violation of anothers physical integrity. no physical harm is needed for assault.

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false imprisonment

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the wrongful restraint of an individual's personal liberty or the unlawful restraint or confinement and have no reasonable means of escape

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defamation of character

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is a false oral or written communication to someone other than the individual defamed that subjects that individuals reputation to scorn and ridicule in the yes of a substantial number of respectable people in the community.

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two aspects of defamation: libel, slander

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libel- written defamation slander- oral defamation

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fraud

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is a willful and intentional misrepresentation that could cause harm or loss to an individual or property.

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to establish fraud

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a. an untrue statement known to be untrue by the party making it and made with intent to deceive b. a justifiable reliance by the victim on the truth of that statement c. damages as a result of that reliance

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Invasion of privacy

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a wrong that interferes with the right of an individual to privacy

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Intentional or reckless infliction of mental distress

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conduct so outrageous that it goes beyond the bounds tolerated by society. mental distress can include mental suffering from painful emotions such as grief, public humiliation, despair, shame, and wounded pride

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strict liability

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refers to liability, without fault and makes possible an award of damages without any proof of manufacturer negligence. the plaintiff needs to show that he or she suffered an injury while using the manufacturers product in the prescribed way.

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products liability

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the liability of a manufacturer seller or supplier of chattels to a buyer or other third party for injuries sustained because of a defect in a product. can sue for negligence, breach of warranty, strict liabilty.

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defenses for product liability include

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assumption of risk intervening cause contributory negligence comparative negligence comparative fault disclaimers

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objectives of criminal law

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maintain public order and safety protect individuals use punishment as a deterrant to crime rehabilitate criminals for return to society

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crime

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a social harm defined and made punishable by law.

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misdemeanor

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is and offense generally punishable by less than 1 year in jail or a fine.

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felony

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ppunishable by imprisionment in a state or federal prisionfor a period more than a year.

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Criminal trials

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involving helathcare professionals are usuallu about fraud, kickbacks, false claims, unethical refferrals falsification of records misuse, theft of drugs, patient abuse,criminal negligence...

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the false claims act of 1986

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prohibits the filing of false claims

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patient abuse

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is the mistreatment or neglect of persons under the care of healthcare organizations. abuse can occur in an institutional or home setting and can be in the form of physical emotional financial medical...

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criminal negligence

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is the reckless disregard for the safety of others and is the willful indifference to an injury that could result from an act. provides a more specific lack of care commonly characterized as gross negligence and recklessness

ethics ch.1-ch.4 – Flashcards

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