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132 Cards in this Set

  • Front
  • Back
What do private laws deal with?
deals with relationships among individuals
What is public law?
what society deems to be valid public goals
Is criminal law public or private?
public
What is a tort?
civil wrong committed by one individual against another, can be intentional or unintentional, breech of contract, court decision to resolve
What is a tort-feasor
person who committs a tort
What is the value of the Supreme court?
part of the judicial branch of government, it is the nation's highest court
How was the Supreme court formed?
directly from the constitution
How many associate justices are there?
8
How many Chief Justices are there?
1
If a law has been passed what test more than likely passed?
it has probably passed the test of the Supreme Court
What are the three branches of government?
Judicial, Excutive and Legislative
What is the function of the Legislative branch?
to enact laws that may amend or repeal or ammend existing legislation and to create new legislation. Determines need for new laws.
How many committee are there in the House?
19
How many committees are there in the Senate?
16
All state legislatures are-----------except for Nebraska.
bicameral
What is the primary function of the Executive branch?
to administer and enforce law
Who holds the executive power?
the president
The cabinet is composed of how many executive departments of which DHHS is a part of.
15
The Department of Health and Human services is a part of which branch of government?
The Executive Branch
What does CMS stand for?
Centers for Medicare and Medicaid
Medicare part A covers what?
inpatient hospital care and skilled nursing facility care.
What does Medicare part B cover?
physician's services, outpatient hospital services
What are the 3 "buckets" of Law?
Legislative, Administrative, Judicial decisions
State law has the same structure in Fl as Federal government. True or False?
True
Where does stautory emanate from?
from legislative bodies
Can a statue abolish any rule of common law?
yes
What is the highest level of enacted law?
the constitution
Can satutory law be amended, repealed or expanded by the legislature?
yes
What does the legislative branch do in regards to law?
enacts,amends and/or repeals law
What does the executive branch do in regards to law?
administers and enforces the law
What does the judicial branch do in regards to law?
resolves disputes in accorcance with the law
What are the responsibilities of the Department of Health and Human Services?
implements administrative regulations for carrying out national health and human services policy objectives
What is Administrative law responsible for?
it is public law issued by administrative agencies to administer the enacted laws of the federal and state governments. It controls the administrative operations of the government
Statutory legislative statues and legilative action and judicial decisions come from adminsitration agencies like--
CMS and FDA
What is the definition of common law?
Body of principles that has evolved and continues to evolve and expand from judicial or court decisions that arise during the trial of court cases. Many of the legal principles and rules applied by courts in the US had their origins in English Common law.
What are the 4 elements of negligence?
1. duty of care
2. breech of duty
3. injury must exist
4. causation or direct cause of breech of duty of injury
Failure to conform is what type of negligence?
breech of duty
What is the difference between crime and tort?
crime=any social harm defined and made punishable by law

tort-a civil wrong, other than a breech of contract committed against a person or propertgy for which the court provides remedy.
tort is a ----------wrong
civil
Define Malfeasance
performance of an unlawful or improper act(abortion)
Define Misfeasance:
improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated)
Define Nonfeasance:
failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
Description of a conduct of a person is called:
standard of care
An intentional tort that involves slander, verbal or written is known as :
Defamation of chracter
Define Misfeasance:
improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated)
Under common law there can be no written law and it is not under statue
true
Define Nonfeasance:
failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
What are the 3 types of common law?
1. precedent
2. res judicata
3. stare decisis
Define precedent:
a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
Description of a conduct of a person is called:
standard of care
Define Misfeasance:
improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated)
Define res judicata
"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
An intentional tort that involves slander, verbal or written is known as :
Defamation of chracter
Define stare decisis:
"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
Define Nonfeasance:
failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
Is a negative outcome always considered negligence?
no
Define Misfeasance:
improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated)
Under common law there can be no written law and it is not under statue
true
What are the 3 types of common law?
1. precedent
2. res judicata
3. stare decisis
Description of a conduct of a person is called:
standard of care
Define Nonfeasance:
failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
Define precedent:
a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
Define res judicata
"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
Description of a conduct of a person is called:
standard of care
Define stare decisis:
"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
An intentional tort that involves slander, verbal or written is known as :
Defamation of chracter
Is a negative outcome always considered negligence?
no
An intentional tort that involves slander, verbal or written is known as :
Defamation of chracter
Under common law there can be no written law and it is not under statue
true
Under common law there can be no written law and it is not under statue
true
What are the 3 types of common law?
1. precedent
2. res judicata
3. stare decisis
What are the 3 types of common law?
1. precedent
2. res judicata
3. stare decisis
Define precedent:
a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
Define precedent:
a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
Define res judicata
"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
Define stare decisis:
"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
Define res judicata
"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
Is a negative outcome always considered negligence?
no
Define stare decisis:
"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
Is a negative outcome always considered negligence?
no
Define Misfeasance:
improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated)
Define Nonfeasance:
failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
Description of a conduct of a person is called:
standard of care
An intentional tort that involves slander, verbal or written is known as :
Defamation of chracter
Under common law there can be no written law and it is not under statue
true
duplicate card
1. precedent
2. res judicata
3. stare decisis
Define precedent:
a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
Define res judicata
"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
Define stare decisis:
"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
Is a negative outcome always considered negligence?
no
Any social harm = a
crime
A physician assistant injects a lethal injection in to a patient this would be considered a
crime
What is duty to care?
legal obligation of care, performance or observance imposed on one to safeguard the rights of others
What is a breech of duty?
failure to conform or depart from a required duty of care owed to a person
What is a pleading?
written statement of fact and law filed with a court by the parties of a lawsuit
What is the first pleading called?
a complaint
What is a pleading filed by a defendant challenging the legal sufficiency of a complaint? A formal objection
a demurer
What is a pleading which admits or denies the specific allegations set forth in a complaint and constitutes the appearance of the defendant?
an answer
What is a request for a written itemiqation of the claims which a defendant can demand from the plaintiff to determine the details of a claim?
a bill of particulars
What is the process of investigating teh facts of a case before trial?
discovery
Does discovery have to be made available to the other party?
yes
What is a legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body?
a subpoena
Party who brings a civil suit seeking damages of other legal relief is a
plantiff
In a criminal case the person accused of comitting a crime and in a civil suit the party against whom the suit is brought, demanding that he or she pay the other party legal relief
defendant
Members are summoned to court and are the ones who make a determination of the facts that occurred evaluating the evidence is the-
jury
In a civil suit the burden of proof lies with--
the plantiff
In a criminal case the burden of proof lies with--
the prosecution
The person is -------- ------- when that person does not exercise reasonable care for his or her own safety. Person is aware of the possibility of danger and disregards the danger or warnings-
contributory negligent
When each party is determined to be responsible for his or her proportional share of damages awarded this is called ------------ negligence
comparitive
Ignorance of the law is -----a defense.It is not an excuse
not
A legislatively imposed time constraint that restricts the period of time after the occurence of an injury which a legal action must be commenced is called-
statue of limitations
What is the usual length of time for a statue of limitations?
7 years
Voluntary exposure to such risks as radiation treatments and chemotherapy treatments is called-
assumption of risk
Defenses(7) against recovery may include:page 124-chapter summary
assumption of risk, borrowed servant doctrine, comparative negligence, contributory negligence, Good Samaritan laws, intervening cause, statue of limitations
Facts proved or disproved during a lawsuit is called-
evidence
Proof offered through direct testimony is called-------evidence
direct evidence
Proof furnished by things is called-------evidence
demonstrative(real) evidence
Written information capable fo making a truthful statement like drug manufacturer inserts, autopsy reports, bith certificates and medical records are known as --------evidence
documentary
Evidence that is based on what another has said or done and is not the result of the personal knowledge of the wittness is called
hearsay
Who decides if evidence is admissable?
the judge
An xray machine is known as --------evidence.
documentary
a common law doctrine that encourages health care professionals to render assistance at the scene of emergencies is called the-
Good Samaritam statue
"The thing speaks for itself", shifts the burden of proof from the plaintiff to teh defendant a doctrine of law applicable to cases in which teh defendant had exclusive control over the thing that cause harm and the harm could not have occured wihout negligent conduct is known as
Res ipsa loquitur
When a governing body acts beyond its scope of authority this is known as-
ultra vires act
Ultimate functioning of a health care corporation rests with the ------- --------
governing body
Corporate authority where the power is specifically delegated by statue is known as -------- corporate authority.
express
The right to perform any and all acts necessary to exercise conferred authority and to accomplish the pruposes for which it was created is known as ------corporate authority.
implied
The -------committee is a working group of the governing body that has delegated authority to act on behalf of the full board.
executive
"Let the master respond", is a legal doctrine holding employers liable in certain cases for the wrongful acts of their agents or employees is known as --
respondeat superior
Medical assistance provided under the social security act for persons 65 and over is called-
medicare
Medical assistance provided of teh social security ast for the medically indigent is known as -
medicaid
Policies that address safety zones are known as
antitrust