Home Page Alternative Dispute Resolution Chapter 2 - The Legal System - Flashcards

Chapter 2 – The Legal System – Flashcards

Lucas Davies

8 July 2022

question

Laws that are passed by federal or state legislatures are part of: a. common law b. statutory law c. constitutional law d. case law

answer

b. statutory law

question

After a bill passes in one house of the legislature, it becomes a/an: a. act b. bill c. amendment d. law

answer

a. act

question

The type of law that concerns relationships between individuals or between individuals and the government is called: a. tort law b. battery law c. fraud law d. civil law

answer

d. Civil Law

question

Medical professionals have a duty to report any unusual occurrence to the police including: a. rape b. child abuse c. elder abuse d. all of the above

answer

d. all of the above

question

Law are classified as: a. private and public b. case and common c. intentional and unintentional d. major and minor

answer

a. private and public

question

Fraud

answer

Promising that a miracle cure will work

question

False Imprisonment

answer

Not allowing a patient to leave before completing a procedure

question

Battery

answer

Performing a procedure without a signed consent

question

Assault

answer

Threatening to harm a patient if he or she does not cooperate with a treatment regimen

question

Defamation of Character

answer

Saying something negative about another physician to a patient

question

Invasion of Privacy

answer

Publicizing private information about a patient

question

Under tort law, if a wrongful act has been committed against another person and there is no harm done then there is no tort. True or False

answer

True

question

Civil law includes tort law and contract law. True or False

answer

True

question

Constitutional law applies to private entities, including businesses and individuals. True or False

answer

False

question

Legislatures sometimes authorize agencies to make law. True or False

answer

True

question

The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.

answer

Assault

question

The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight

answer

Battery

question

The act of making untrue statements about another which damages his/her reputation.

answer

Defamation of Character

question

Duress is defined as making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means

answer

Duress Fraud

question

The intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded the right to bring a lawsuit for damages against the person or entity that intruded

answer

Invasion of Privacy

question

Referring to a civil action against a person who allegedly said or did something so outrageous or insulting to the plaintiff that he or she suffered subsequent emotional damage

answer

Tort of Outrage

question

Influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences

answer

Undue Influence

question

A branch of law that covers regulations set by government agencies

answer

Administrative Law

question

Imminent apprehension of bodily harm

answer

Assault

question

Bodily harm and unlawful touching (touching without consent of patient)

answer

Battery

question

Evidence that is almost an absolute certainty that a person did commit a crime

answer

Beyond a Reasonable Doubt

question

Neglect of an understanding between two parties; failing to perform a legal duty

answer

Breach

question

The failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty

answer

Breach of Contract

question

Also called common law, case law is based on decisions made by judges

answer

Case Law

question

Designed by the framers of the Constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government

answer

Checks and Balances

question

Relationships between individuals or between individuals and the government, which are not criminal

answer

Civil Law

question

Lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation

answer

Class Action Lawsuit

question

Closing speech or summary made by the attorneys for both the plaintiff and the defendant

answer

Closing Argument

question

Also called case law, common law is based on decisions made by judges

answer

Common Law

question

Capable of making a decision without mental confusion due to drugs, alcohol, or other reasons

answer

Competent

question

In contract law, consideration is something of value given as part of the agreement

answer

Consideration

question

The inviolable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the United or by the constitution of each state

answer

Constitutional Law

question

The division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing

answer

Contract Law

question

One in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty

answer

Criminal Case

question

Set up to protect the public from the harmful acts of others

answer

Criminal Laws

question

Making false and/or malicious statements about another person; includes libel and slander

answer

Defamation of Character

question

Person or group of people sued civilly or prosecuted criminally in a court of law

answer

Defendant

question

Oral testimony that is made before a public officer of the court to be used in a lawsuit

answer

Deposition

question

The legal process by which facts are discovered before a trial

answer

Discovery

question

The illegal appropriation of property, usually money, by a person entrusted with its possession

answer

Embezzlement

question

A medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee

answer

Expert Witness

question

An agreement that is entered into orally or in writing

answer

Expressed Contract

question

A serious crime that carries a punishment of death or imprisonment for more than on year. Ex. Murder, rape, robbery, and practicing medicine without a license

answer

Felony

question

Deceitful

answer

Fraudulent

question

An agreement that is made through inference by signs, inaction, or silence

answer

Implied contract

question

A written charge presented to the court by the grand jury against a defendant

answer

Indictment

question

Occur when a person has been intentionally or deliberately injured by another

answer

Intentional Torts

question

The power to hear a case

answer

Jurisdiction

question

Any publication in print, writing, pictures, or sign that injuries the reputation of another person

answer

Libel

question

A dispute that has resulted in one party suing another

answer

Litigation

question

Less serious offenses that felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace

answer

Misdemeanors

question

A person or group of people suing another person or group of people; the person who instigates the lawsuit

answer

Plaintiff

question

Formal written statements

answer

Pleadings

question

Evidence showing that more likely than not the incident occurred

answer

Preponderence of Evidence

question

A person who brings a criminal lawsuit on behalf of the government

answer

Prosecutor

question

Rules or laws made by agencies

answer

Regulations

question

Speaking false and malicious words concerning another person that brings injury to his or her reputation

answer

Slander

question

Let the decision stand

answer

Stare decisis

question

Laws enacted by state and federal legislatures

answer

Statutues

question

Court order for a person or documents to appear in court

answer

Subpoena

question

Under penalty take with you, a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

answer

Subpoena duces tecum

question

Judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

answer

Summary Judgment

question

A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages

answer

Tort

question

Such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care

answer

Unintentional Torts

question

Give up a right

answer

Waive

question

Legislative Branch:

answer

Lawmaking body (Senate and House) originates legislation

question

Executive Branch:

answer

President, cabinet, and advisors enforces the law

question

Judicial Branch:

answer

Judges and Federal Courts; interprets the law

question

Sources of the Law:

answer

Constitutional Law Statutory and Regulatory Law Common or Case Law

question

Address relationship between individual and their government

answer

Constitutional Law

question

Passed by legislative bodies; either Congress or State Legislature

answer

Statutory and Regulatory Law

question

Established from court decisions

answer

Common or Case Law

question

Classification of Laws:

answer

Private/Civil or Public

question

Private/Civil Law are made up of:

answer

Tort, Contract, Property, Inheritance, Family, and Corporate

question

Public Law is made up of:

answer

Criminal, Admin, Constitutional, and International

question

Civil (Private) Law:

answer

- Concerns relationships between individual or between individual, businesses, and government - Awards monetary damages - Includes tort law and contract law

question

Tort Law:

answer

- Civil injury or wrongful act committed against another person or property - Results in harm - Compensated by monetary damages - Can be intentional or unintentional

question

Intentional Torts:

answer

- Assault - Battery - False Imprisonment - Defamation of Character - Fraud - Invasion of Privacy

question

Unintentional Tort:

answer

Involves performing carelessly or failing to perform a task

question

Negligence:

answer

An unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable" person would or would not have committed in a similar situation

question

Contract Law:

answer

Addresses breach or neglect or legally binding agreement between two parties

question

Contract:

answer

- Voluntary agreement between two parties with intent of benefiting each other - Something of value (consideration) is part of agreement - Both parties must be competent

question

Expressed Contract:

answer

Agreement entered into orally or in writing; all components of contract must be clearly stated

question

Implied Contract:

answer

Agreement shown through inference by signs, inaction, or silence

question

Abandonment:

answer

Withdrawing medical care from a patient without providing sufficient notice

question

Breach of Contract:

answer

Either party fails to comply with terms of agreement

question

Class Action Lawsuit:

answer

- Filed by one or more people on behalf of a larger group of people - The members of the group are all affected by

question

Public/Criminal Law

answer

- Protects public from harmful acts of others - Defines socially intolerable conduct that is punishable by the law - Government prosecutes person or institute that violates the law - Penalties are fine, imprisonment, or both - Felony or Misdemeanor

question

Two Court Systems in the U.S.:

answer

- State - Federal - Each has specific responsibility: Exclusive/Concurrent - Depends on type of case committed

question

Types of Court - Federal:

answer

-District - Court of Appeals (circuit court) - U.S. Supreme Court

question

Types of Court - State:

answer

- District (municipal) - State Court of Appeals - State Supreme Court

question

Trial Process:

answer

- Grand Jury consists of 12-23 private citizens - Hears evidence about case - Determines if case merits court hearing - Serves as filter - Votes on whether to move indictment to trial court

question

The Procedure:

answer

- Litigation may result when two parties are unable to solve a dispute by themselves - Plaintiff: The person or institution who brings an action into litigation - Defendant: The person or institution who is being sued - Settling out of court occurs when attorneys for both sides work out a settlement - Waive: Both parties give up their rights to a jury trial - Trial: Begins with opening statements made by attorney for each side of the case - Closing Argument: Attorneys for the plaintiff and defendant making closing speeches or summaries of their case - Appeal: Plaintiff or defendant may ask a higher court to review the decision

question

Summary Judgment:

answer

- Request made by attorney - Takes place in a civil trial

question

Discovery:

answer

Process by which facts are discovered

question

Deposition:

answer

Oral testimony before officer of the court

question

Subpoena duces tecum :

answer

Court order to appear in court and bring records

question

Standard of Proof: Civil Case:

answer

- Court looks at "preponderance of evidence" - Civil cases place weight on evidence that is more credible and convincing

question

Standard of Proof: Criminal Case:

answer

Needs proof beyond a reasonable doubt

question

Expert Witness:

answer

- Professional who has special knowledge or experience - Assists jury or judge in determining accuracy of facts of case - Often testifies to what standard of care

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question

Laws that are passed by federal or state legislatures are part of: a. common law b. statutory law c. constitutional law d. case law

answer

b. statutory law

question

After a bill passes in one house of the legislature, it becomes a/an: a. act b. bill c. amendment d. law

answer

a. act

question

The type of law that concerns relationships between individuals or between individuals and the government is called: a. tort law b. battery law c. fraud law d. civil law

answer

d. Civil Law

question

Medical professionals have a duty to report any unusual occurrence to the police including: a. rape b. child abuse c. elder abuse d. all of the above

answer

d. all of the above

question

Law are classified as: a. private and public b. case and common c. intentional and unintentional d. major and minor

answer

a. private and public

question

Fraud

answer

Promising that a miracle cure will work

question

False Imprisonment

answer

Not allowing a patient to leave before completing a procedure

question

Battery

answer

Performing a procedure without a signed consent

question

Assault

answer

Threatening to harm a patient if he or she does not cooperate with a treatment regimen

question

Defamation of Character

answer

Saying something negative about another physician to a patient

question

Invasion of Privacy

answer

Publicizing private information about a patient

question

Under tort law, if a wrongful act has been committed against another person and there is no harm done then there is no tort. True or False

answer

True

question

Civil law includes tort law and contract law. True or False

answer

True

question

Constitutional law applies to private entities, including businesses and individuals. True or False

answer

False

question

Legislatures sometimes authorize agencies to make law. True or False

answer

True

question

The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.

answer

Assault

question

The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight

answer

Battery

question

The act of making untrue statements about another which damages his/her reputation.

answer

Defamation of Character

question

Duress is defined as making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means

answer

Duress Fraud

question

answer

Invasion of Privacy

question

Referring to a civil action against a person who allegedly said or did something so outrageous or insulting to the plaintiff that he or she suffered subsequent emotional damage

answer

Tort of Outrage

question

Influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences

answer

Undue Influence

question

A branch of law that covers regulations set by government agencies

answer

Administrative Law

question

Imminent apprehension of bodily harm

answer

Assault

question

Bodily harm and unlawful touching (touching without consent of patient)

answer

Battery

question

Evidence that is almost an absolute certainty that a person did commit a crime

answer

Beyond a Reasonable Doubt

question

Neglect of an understanding between two parties; failing to perform a legal duty

answer

Breach

question

The failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty

answer

Breach of Contract

question

Also called common law, case law is based on decisions made by judges

answer

Case Law

question

Designed by the framers of the Constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government

answer

Checks and Balances

question

Relationships between individuals or between individuals and the government, which are not criminal

answer

Civil Law

question

Lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation

answer

Class Action Lawsuit

question

Closing speech or summary made by the attorneys for both the plaintiff and the defendant

answer

Closing Argument

question

Also called case law, common law is based on decisions made by judges

answer

Common Law

question

Capable of making a decision without mental confusion due to drugs, alcohol, or other reasons

answer

Competent

question

In contract law, consideration is something of value given as part of the agreement

answer

Consideration

question

The inviolable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the United or by the constitution of each state

answer

Constitutional Law

question

The division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing

answer

Contract Law

question

One in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty

answer

Criminal Case

question

Set up to protect the public from the harmful acts of others

answer

Criminal Laws

question

Making false and/or malicious statements about another person; includes libel and slander

answer

Defamation of Character

question

Person or group of people sued civilly or prosecuted criminally in a court of law

answer

Defendant

question

Oral testimony that is made before a public officer of the court to be used in a lawsuit

answer

Deposition

question

The legal process by which facts are discovered before a trial

answer

Discovery

question

The illegal appropriation of property, usually money, by a person entrusted with its possession

answer

Embezzlement

question

A medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee

answer

Expert Witness

question

An agreement that is entered into orally or in writing

answer

Expressed Contract

question

A serious crime that carries a punishment of death or imprisonment for more than on year. Ex. Murder, rape, robbery, and practicing medicine without a license

answer

Felony

question

Deceitful

answer

Fraudulent

question

An agreement that is made through inference by signs, inaction, or silence

answer

Implied contract

question

A written charge presented to the court by the grand jury against a defendant

answer

Indictment

question

Occur when a person has been intentionally or deliberately injured by another

answer

Intentional Torts

question

The power to hear a case

answer

Jurisdiction

question

Any publication in print, writing, pictures, or sign that injuries the reputation of another person

answer

Libel

question

A dispute that has resulted in one party suing another

answer

Litigation

question

Less serious offenses that felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace

answer

Misdemeanors

question

A person or group of people suing another person or group of people; the person who instigates the lawsuit

answer

Plaintiff

question

Formal written statements

answer

Pleadings

question

Evidence showing that more likely than not the incident occurred

answer

Preponderence of Evidence

question

A person who brings a criminal lawsuit on behalf of the government

answer

Prosecutor

question

Rules or laws made by agencies

answer

Regulations

question

Speaking false and malicious words concerning another person that brings injury to his or her reputation

answer

Slander

question

Let the decision stand

answer

Stare decisis

question

Laws enacted by state and federal legislatures

answer

Statutues

question

Court order for a person or documents to appear in court

answer

Subpoena

question

Under penalty take with you, a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

answer

Subpoena duces tecum

question

Judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

answer

Summary Judgment

question

A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages

answer

Tort

question

Such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care

answer

Unintentional Torts

question

Give up a right

answer

Waive

question

Legislative Branch:

answer

Lawmaking body (Senate and House) originates legislation

question

Executive Branch:

answer

President, cabinet, and advisors enforces the law

question

Judicial Branch:

answer

Judges and Federal Courts; interprets the law

question

Sources of the Law:

answer

Constitutional Law Statutory and Regulatory Law Common or Case Law

question

Address relationship between individual and their government

answer

Constitutional Law

question

Passed by legislative bodies; either Congress or State Legislature

answer

Statutory and Regulatory Law

question

Established from court decisions

answer

Common or Case Law

question

Classification of Laws:

answer

Private/Civil or Public

question

Private/Civil Law are made up of:

answer

Tort, Contract, Property, Inheritance, Family, and Corporate

question

Public Law is made up of:

answer

Criminal, Admin, Constitutional, and International

question

Civil (Private) Law:

answer

- Concerns relationships between individual or between individual, businesses, and government - Awards monetary damages - Includes tort law and contract law

question

Tort Law:

answer

- Civil injury or wrongful act committed against another person or property - Results in harm - Compensated by monetary damages - Can be intentional or unintentional

question

Intentional Torts:

answer

- Assault - Battery - False Imprisonment - Defamation of Character - Fraud - Invasion of Privacy

question

Unintentional Tort:

answer

Involves performing carelessly or failing to perform a task

question

Negligence:

answer

An unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable" person would or would not have committed in a similar situation

question

Contract Law:

answer

Addresses breach or neglect or legally binding agreement between two parties

question

Contract:

answer

- Voluntary agreement between two parties with intent of benefiting each other - Something of value (consideration) is part of agreement - Both parties must be competent

question

Expressed Contract:

answer

Agreement entered into orally or in writing; all components of contract must be clearly stated

question

Implied Contract:

answer

Agreement shown through inference by signs, inaction, or silence

question

Abandonment:

answer

Withdrawing medical care from a patient without providing sufficient notice

question

Breach of Contract:

answer

Either party fails to comply with terms of agreement

question

Class Action Lawsuit:

answer

- Filed by one or more people on behalf of a larger group of people - The members of the group are all affected by

question

Public/Criminal Law

answer

question

Two Court Systems in the U.S.:

answer

- State - Federal - Each has specific responsibility: Exclusive/Concurrent - Depends on type of case committed

question

Types of Court - Federal:

answer

-District - Court of Appeals (circuit court) - U.S. Supreme Court

question

Types of Court - State:

answer

- District (municipal) - State Court of Appeals - State Supreme Court

question

Trial Process:

answer

- Grand Jury consists of 12-23 private citizens - Hears evidence about case - Determines if case merits court hearing - Serves as filter - Votes on whether to move indictment to trial court

question

The Procedure:

answer

question

Summary Judgment:

answer

- Request made by attorney - Takes place in a civil trial

question

Discovery:

answer

Process by which facts are discovered

question

Deposition:

answer

Oral testimony before officer of the court

question

Subpoena duces tecum :

answer

Court order to appear in court and bring records

question

Standard of Proof: Civil Case:

answer

- Court looks at "preponderance of evidence" - Civil cases place weight on evidence that is more credible and convincing

question

Standard of Proof: Criminal Case:

answer

Needs proof beyond a reasonable doubt

question

Expert Witness:

answer

- Professional who has special knowledge or experience - Assists jury or judge in determining accuracy of facts of case - Often testifies to what standard of care

Chapter 2 – The Legal System – Flashcards

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