Chapter 2 – The Legal System – Flashcards

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
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