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90 Cards in this Set

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a tort that occurs when a physician is unavailable to a patient at a time when the standard of care requires that he be available and able to provide medical care. ____may occur when a physician terminates the relationship improperly, or is unavailable when he is on call, or when he fails to arrange for adequate patient coverage while on vacation, or when he otherwise negligently fails to be available to a patient when the standard of care requires that he be available. LAW & MEDICINE, 34
Abandonment is a tort that occurs when a physician is unavailable to a patient at a time when the standard of care requires that he be available and able to provide medical care. Abandonment may occur when a physician terminates the relationship improperly, or is unavailable when he is on call, or when he fails to arrange for adequate patient coverage while on vacation, or when he otherwise negligently fails to be available to a patient when the standard of care requires that he be available. LAW & MEDICINE, 34
s an instrument by which an individual provides instructions for his medical care in the event he is incapacitated.
See LAW & MEDICINE, 51 and Appendix of LAW & MEDICINE.
An Advance Directive is an instrument by which an individual provides instructions for his medical care in the event he is incapacitated.
See LAW & MEDICINE, 51 and Appendix of LAW & MEDICINE.
Literally a “friend of the court,” one who is not an actual party to the suit but who is permitted to submit a legal brief arguing a particular point. For example, a religious organization may file a legal brief on an assisted suicide case even though the organization is not an actual party to the suit.
Amicus Curae. Literally a “friend of the court,” one who is not an actual party to the suit but who is permitted to submit a legal brief arguing a particular point. For example, a religious organization may file a legal brief on an assisted suicide case even though the organization is not an actual party to the suit.
When a case is appealed the person appealing the case is known as the
Appellant. When a case is appealed the person appealing the case is known as the ‘appellant.’
When a case is appealed the person against whom the appeal has been filed is the
Appellee. When a case is appealed the person against whom the appeal has been filed is the ‘appellee,’ or ‘respondent.’
“(t)he reference of a dispute to an impartial (third) person chosen by the parties to the dispute who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.” Black’s Law Dictionary, (West, 5th Ed.).
Arbitration is “(t)he reference of a dispute to an impartial (third) person chosen by the parties to the dispute who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.” Black’s Law Dictionary, (West, 5th Ed.).
Any unauthorized touching is a ___This tort formed an early legal basis for the informed consent rules.
Battery. Any unauthorized touching is a battery. This tort formed an early legal basis for the informed consent rules.
Vicarious liability may arise under the ___ A___is someone else’s employee who is working temporarily under your control
Borrowed Servant Doctrine. Vicarious liability may arise under the Borrowed Servant Doctrine. A “Borrowed Servant” is someone else’s employee who is working temporarily under your control
The party who commences a legal action has the ___or, said differently, the obligation to prove the allegations of the case. For example, the plaintiff who has filed a malpractice action has the legal burden of proving his allegations by presenting his evidence against a physician defendant if he is to win his case.
Burden of Proof. The party who commences a legal action has the “burden of proof” or, said differently, the obligation to prove the allegations of the case. For example, the plaintiff who has filed a malpractice action has the legal burden of proving his allegations by presenting his evidence against a physician defendant if he is to win his case.
Vicarious liability may arise under the ___which holds, for example, that a surgeon in an operating arena is like the ____ that he is ultimately responsible for all that occurs there when he is doing surgery.
Captain of the Ship Doctrine. Vicarious liability may arise under the “Captain of the Ship Doctrine” which holds, for example, that a surgeon in an operating arena is like the captain of a ship in that he is ultimately responsible for all that occurs there when he is doing surgery.
_____ is that law that is found in the written opinions of courts deciding actual cases. ______ tells us where a published case opinion can be found.
Case Law is that law that is found in the written opinions of courts deciding actual cases. Case Citation tells us where a published case opinion can be found.
An event or act which renders one liable to suit is _____ . If A strikes B w/ his fist, then A has given B ______ against him for battery
Cause of Action. An event or act which renders one liable to suit is a cause of action. If A strikes B w/ his fist, then A has given B a cause of action against him for battery
_____ is a writ issued by an appelate court to review issues presented in a lower court. One may sometimes appeal by asking the appellate court to issue a writ of _______ . If the request for the writ is granted, the appellate court will instruct the lower court to submit the case for review.
Certiorari is a writ issued by an appelate court to review issues presented in a lower court. One may sometimes appeal by asking the appellate court to issue a writ of certiorari. If the request for the writ is granted, the appellate court will instruct the lower court to submit the case for review.
Federal agency that oversees the Medicare System
Centers for Medicard and Medicade Services (CMS). formerly the Health Care Financing Administration
A _____ is a non-criminal legal case to determine the rights and obligations of the parties to the suit. Property disputes and medical malpractice suits fall into this category.
A Civil Case is a non-criminal legal case to determine the rights and obligations of the parties to the suit. Property disputes and medical malpractice suits fall into this category.
______ is a body of law which derives its ultimate origins in Roman law and is the system of law found in Europe, Latin America and Louisiana.
Civil Law is a body of law which derives its ultimate origins in Roman law and is the system of law found in Europe, Latin America and Louisiana.
_______ will only pay for claims made while the policy is actually in force. Thus, a claim made after the policy has been terminated will not be paid even if the event leading to the claim occurred when the policy was in effect. It is a common practice to purchase "tail coverage" to protect one after claims made policy has lapsed.
A Claims Made Insurance Policy will only pay for claims made while the policy is actually in force. Thus, a claim made after the policy has been terminated will not be paid even if the event leading to the claim occurred when the policy was in effect. It is a common practice to purchase "tail coverage" to protect one after claims made policy has lapsed.
The ________ contains the codified regulations of most of the departments of US gov't.
The Code of Federal Regulations contains the codified regulations of most of the departments of US gov't.
____ . When a legislature passes a law it may bundle together a number of different provisions in a single 'act'. Subsequent legislation may add or amend that legislation making it more heterogeneous. To make statutory law (legislative acts) more accessible, its is often republished after being rearranged by subject matter. (ex Medicare statues). When a set of laws has been reorganized for easier access in this manner, it is said to have been ______ .
Code. When a legislature passes a law it may bundle together a number of different provisions in a single 'act'. Subsequent legislation may add or amend that legislation making it more heterogeneous. To make statutory law (legislative acts) more accessible, its is often republished after being rearranged by subject matter. (ex Medicare statues). When a set of laws has been reorganized for easier access in this manner, it is said to have been codified.
_______ is that law which evolved from the decisions of the courts, and relies heavily on the precedents (previous decisions) of the courts. The ________ legal system is found in England, Canada (except Quebec), US (except Louisiana), India, and Grenada.
Common Law is that law which evolved from the decisions of the courts, and relies heavily on the precedents (previous decisions) of the courts. The common law legal system is found in England, Canada (except Quebec), US (except Louisiana), India, and Grenada.
_______ are those sums of money awarded in a civil case that are intended to make the plaintiff for losses which he has suffered and which are intended to make a plaintiff whole, or restored, to the extent that money can do it. By contrast, a jury may also award _________ which are meant to punish the defendant for outrageous conduct and which are not related to the actual harm the plaintiff suffered
Compensatory Damages are those sums of money awarded in a civil case that are intended to make the plaintiff for losses which he has suffered and which are intended to make a plaintiff whole, or restored, to the extent that money can do it. By contrast, a jury may also award punitive damages which are meant to punish the defendant for outrageous conduct and which are not related to the actual harm the plaintiff suffered
______ . The duty to protect patient confidences is an obligation imposed on a physician when he/she accepts a patient. Improper disclosure of _______ information is a tort for which a physician can be sued and disciplined
Confidentiality. The duty to protect patient confidences is an obligation imposed on a physician when he/she accepts a patient. Improper disclosure of confidential information is a tort for which a physician can be sued and disciplined
_____ . In some states a guardian is called _____
Conservator. In some states a guardian is called a conservator.
______. A ______ is an agreement that is enforceable at law by the courts
Contract. A Contract is an agreement that is enforceable at law by the courts.
______ . A __________ is brought by the state against the one who has committed a crime. A judgment against the defendant may result in his being fined, imprisoned or executed.
Criminal Case. A Criminal case is brought by the state against the one who has committed a crime. A judgment against the defendant may result in his being fined, imprisoned or executed.
_______. When the court decides that Plaintiff's case is so lacking in merit that it should not be evaluated by the jury (in other words, plaintiff fails to make a prima facie case) the judge may 'direct' a jury verdict in favor of the Defendant
Directed Verdict. When the court decides that Plaintiff's case is so lacking in merit that it should not be evaluated by the jury (in other words, plaintiff fails to make a prima facie case) the judge may 'direct' a jury verdict in favor of the Defendant
_____ . The term ______ refers to the legal process by which parties to litigation obtain access to info needed to pursue or defend their case.
Discovery. The term 'discovery' refers to the legal process by which parties to litigation obtain access to info needed to pursue or defend their case.
_________. A trial on a matter of State law (such as malpractice) may be held in US district Court if the plaintiff and defendant are residents of different states.
Diversity Jurisdiction. A trial on a matter of State law (such as malpractice) may be held in US district Court if the plaintiff and defendant are residents of different states.
__________ is a type of advance directive.
Durable Power of Attorney is a type of advance directive.
_________ refer to money awarded by a court to compensate for losses of an economic nature such as medical bills.
Economic damages refer to money awarded by a court to compensate for losses of an economic nature such as medical bills.
_______ . A minor who has left home and essentially lives life as an adult w/ adult responsibilities may legally be deemed an _____ ______ entitled to make his own decisions regarding his personal health care or the healthcare of his children.
Emancipated Minor. A minor who has left home and essentially lives life as an adult w/ adult responsibilities may legally be deemed an Emancipated Minor entitled to make his own decisions regarding his personal health care or the healthcare of his children.
________ . federal law that can impose liability on hospitals and physicians that refuse or otherwise fail to provide proper treatment to pts w/ "emergency medical conditions" who present themselves at an emergency room
Emergency Medical Treatment and Active Labor Act (EMTALA). federal law that can impose liability on hospitals and physicians that refuse or otherwise fail to provide proper treatment to pts w/ "emergency medical conditions" who present themselves at an emergency room
_______. ______ law is administered according to the standards of fairness rather than according to the strict rule of law. ______ allows a judge to exercise somewhat arbitrary power to prevent an injustice that would occur if the letter of the law were strictly followed.
Equity. Equitylaw is administered according to the standards of fairness rather than according to the strict rule of law. Equity allows a judge to exercise somewhat arbitrary power to prevent an injustice that would occur if the letter of the law were strictly followed.
_________ is a federal act that provides certain employee benefit plans w/ protection from suits under state law. Managed care organizations have been using it to shield themselves from malpractice actions.
The Employee Retirement and Income Security Act (ERISA) is a federal act that provides certain employee benefit plans w/ protection from suits under state law. Managed care organizations have been using it to shield themselves from malpractice actions.
The __________ is a federal law that prohibits 'knowing' submission of a false claim to any federally funded program. Physicians are sometimes held liable under the _________ for incorrect billing of Medicare or Medicare claims.
The False Claims Act is a federal law that prohibits 'knowing' submission of a false claim to any federally funded program. Physicians are sometimes held liable under the False Claims Act for incorrect billing of Medicare or Medicare claims.
The __________ imposes obligation to notify the gov't of any money owed due to overpayments in Medicare or Medicaid due to billing problems
The Federal Enforcement Recovery Act (FERA) imposes obligation to notify the gov't of any money owed due to overpayments in Medicare or Medicaid due to billing problems
A ________ is an individual who is placed in a position of trust and who will be held to higher legal standards than normally between individuals. Ex) court-appointed guardian of an incompetent, trustee of a trust, an attorney w/ his client, and a physician w/ his patient.
A Fiduciary is an individual who is placed in a position of trust and who will be held to higher legal standards than normally between individuals. Ex) court-appointed guardian of an incompetent, trustee of a trust, an attorney w/ his client, and a physician w/ his patient.
Compensatory damages can be either special damages or _________. ________ are those that are less easily quantifiable such as compensation for pain and suffering or mental anguish
Compensatory damages can be either special damages or General Damages. General Damages are those that are less easily quantifiable such as compensation for pain and suffering or mental anguish
A _________ is a law that protects one from suit for ordinary negligence when rendering gratuitous medical assistance in an emergency occurring where normal medical facilities are not available
A Good Samaritan Law is a law that protects one from suit for ordinary negligence when rendering gratuitous medical assistance in an emergency occurring where normal medical facilities are not available
A ____ is an individual who has the authority to make legal decisions for one who, because of age or mental incompetence, is not legally capable of making those decisions for himself. A minor's natural _______ are his parents. An adult is who is mentally incapable of making his own decisions may have a court appointed _______ to make decisions on his behalf.
A Guardian is an individual who has the authority to make legal decisions for one who, because of age or mental incompetence, is not legally capable of making those decisions for himself. A minor's natural Guardians are his parents. An adult is who is mentally incapable of making his own decisions may have a court appointed guardians to make decisions on his behalf.
A ________ __ _____ is a guardian who is appointed temporarily to act for his ward for a particular case or occasion. ex) for a minor whose parents are refusing to consent to treatment.
A Guardian ad litem is a guardian who is appointed temporarily to act for his ward for a particular case or occasion. ex) for a minor whose parents are refusing to consent to treatment.
a _______ ________ action is the proceeding by which the legality of one's detention or imprisonment is determined. ex) challenging one's confinement in a mental institution
A Habeas Corpus action is the proceeding by which the legality of one's detention or imprisonment is determined. ex) challenging one's confinement in a mental institution
_____ ___ _____ is a form of advanced directive
Health Care Proxy is a form of advanced directive
_________ is a legal determination based on medical diagnoses. It is not, itself, a medical diagnosis. One who has been declared _______ loses legal capacity to enter into contracts or manage his affairs. An appointed guardian makes those decisions for an __________ . One may also be ________ to stand trial for criminal acts.
Incompetency is a legal determination based on medical diagnoses. It is not, itself, a medical diagnosis. One who has been declared incompetent loses legal capacity to enter into contracts or manage his affairs. An appointed guardian makes those decisions for an incompetent. One may also be incompetent to stand trial for criminal acts.
____ ______ . The law requires that a physician obtain his patient's consent before commencing many medical procedures. To be legally sufficient, a patient's consent must be voluntary and it must be based on sufficient information for him to understand the risks and consequences associated with the procedure, tat is to say it must be an _______ ________ .
Informed Consent. The law requires that a physician obtain his patient's consent before commencing many medical procedures. To be legally sufficient, a patient's consent must be voluntary and it must be based on sufficient information for him to understand the risks and consequences associated with the procedure, tat is to say it must be an "informed" consent.
An _______ is a court order compelling a particular course of action.
An Injunction is a court order compelling a particular course of action.
_______ , like "incompetency" is a legal determination usually based on a medical diagnosis. It is not, itself, a medical diagnosis; it is a legal finding. One who is ________ is deemed not to be legally responsible for acts that would otherwise be punishable as crimes
Insanity, like "incompetency" is a legal determination usually based on a medical diagnosis. It is not, itself, a medical diagnosis; it is a legal finding. One who is insane is deemed not to be legally responsible for acts that would otherwise be punishable as crimes
The ___________________ is a non-governmental organization that provides accreditation for health care organizations that meet its published standards by permitting voluntary on-site inspections. Although ______ is a civilian organization and participation is voluntary, its accreditation may be necessary for a health care organization to recover 3rd party payments or participate in some governmental programs.
The Joint Commision on the Accreditation of Healthcare Organization (JCAHO) is a non-governmental organization that provides accreditation for health care organizations that meet its published standards by permitting voluntary on-site inspections. Although JCAHO is a civilian organization and participation is voluntary, its accreditation may be necessary for a health care organization to recover 3rd party payments or participate in some governmental programs.
A _______ is the final decision of the court resolving the issues presented in the case before it
A Judgment is the final decision of the court resolving the issues presented in the case before it
_______ is the authority for a court to hear a case and render a final decision on it
Jurisdiction is the authority for a court to hear a case and render a final decision on it
____ ______ are given to a jury by the judge to inform them of the law to be applied to the facts of the case they are deciding.
Jury Instruction are given to a jury by the judge to inform them of the law to be applied to the facts of the case they are deciding.
A ____ is a legal burden on property to secure or satisfy a debt. A mortgage on real property is a ___ . A security interest on personal property is a ____ . A money judgment creates a ___ on the debtor's property permitting the court to sell the property to recover money to pay judgment
A Lien is a legal burden on property to secure or satisfy a debt. A mortgage on real property is a lien. A security interest on personal property is a lien. A money judgment creates a lien on the debtor's property permitting the court to sell the property to recover money to pay judgment
A ____ ___ is a form of advance directive.
A Living Will is a form of advanced directive.
____ _____ are those damages agreed upon as to amount in advance in a contract. For example, if you agree in an employment contract to pay 5000 in ____ _____ upon breach of a non-competition clause in a contract, a court may very well enforce that agreement and enter judgment for damages in the _____ or agreed amount
Liquidated Damages are those damages agreed upon as to amount in advance in a contract. For example, if you agree in an employment contract to pay 5000 in liquidated damages upon breach of a non-competition clause in a contract, a court may very well enforce that agreement and enter judgment for damages in the "liquidated" or agreed amount
An adult who is acting __ ____ ______ for a minor child is acting in place of the parents. Often that an adult may be a close relative of the child who is caring for him in the absence of the parents.
An adult who is acting in Loco Parentis for a minor child is acting in place of the parents. Often that an adult may be a close relative of the child who is caring for him in the absence of the parents.
A _____ ___ is a minor who has sufficient understanding to make some medical decisions without parental consent. ex) a teenager seeking medical treatments for a STD may be deemed a ____ ___ and treated w/o parental knowledge or consent.
A Mature Minor is a minor who has sufficient understanding to make some medical decisions without parental consent. ex) a teenager seeking medical treatments for a STD may be deemed a mature minor and treated w/o parental knowledge or consent.
_____________. A data bank established pursuant to federal law to track malpractice and other actions against physicians.
National Practitioner Data Bank. A data bank established pursuant to federal law to track malpractice and other actions against physicians.
_______ _____ are a form of general damages and, therefore, part of compensatory damages. _____ ______ are awarded for injuries such as mental suffering or pain and suffering. ___ _____ are a frequent for tort reform legislation ex) California caps ______ ____ in medical malpractice cases to $250,000
Non-economic damages are a form of general damages and, therefore, part of compensatory damages. Non-economic damages are awarded for injuries such as mental suffering or pain and suffering. Non-economic damages are a frequent for tort reform legislation ex) California caps in medical malpractice cases to $250,000
A damage award that is so trivial that it essentially amounts to damages in name only is called and award for _____ _____. If, for example one wins a suit for slander and is awarded $1 in damages, that would be regarded as ____ ____
A damage award that is so trivial that it essentially amounts to damages in name only is called and award for Nominal Damages. If, for example one wins a suit for slander and is awarded $1 in damages, that would be regarded as nominal damages.
An agreement not to work in competition with an employer is a ____ _______. Some states, California and Tennessee, for example, will not enforce _______ _____ in employment contracts, but many other states will.
An agreement not to work in competition with an employer is a Non-Competition Agreement. Some states, California and Tennessee, for example, will not enforce non- competition agreements in employment contracts, but many other states will.
______ _____ A malpractice policy that insures incidents of malpractice that occurred when the policy was in effect and continues to insure those incidents after the policy has lapsed is an _______ ____ .
Occurrence Based Policy. A malpractice policy that insures incidents of malpractice that occurred when the policy was in effect and continues to insure those incidents after the policy has lapsed is an occurrence based policy.
____ ____ is a mechanism for finding vicarious liability. ex) a hospital that hires and independent contractor to manage its emergency room and fails to make a public and obvious distinction between itself and the independent contractor may be vicariously liable for the contractor's malpractice. Patient can hold hospital liable for physicians malpractice.
Ostensible Agency is a mechanism for finding vicarious liability. ex) a hospital that hires and independent contractor to manage its emergency room and fails to make a public and obvious distinction between itself and the independent contractor may be vicariously liable for the contractor's malpractice. Patient can hold hospital liable for physicians malpractice.
____ _____ is a legal mechanism for finding vicarious liability. When 2 physicians w/ independent practices share office and clinical space and do not make it clear or obvious to patients they are independent, they may be assumed to be practicing in partnership and each held liable for the torts of the other
Ostensible Partnership is a legal mechanism for finding vicarious liability. When 2 physicians w/ independent practices share office and clinical space and do not make it clear or obvious to patients they are independent, they may be assumed to be practicing in partnership and each held liable for the torts of the other
___ ______ The legal principle that the State is the ultimate parent of all of us is ____ ____ . It may be invoked by a court to overcome a parent's refusal to permit a minor child to have critical medical treatment.
Parens Patriae. The legal principle that the State is the ultimate parent of all of us is parens patriae. It may be invoked by a court to overcome a parent's refusal to permit a minor child to have critical medical treatment.
The ____ ____ is the governmental power that permits the government to adopt laws necessary to protect health, safety and morals of its citizens and to preserve the public order.
The Police Power is the governmental power that permits the government to adopt laws necessary to protect health, safety and morals of its citizens and to preserve the public order.
A _____ is a legal decision made by a court which will be used by other courts to decide similar issues.
A Precedent is a legal decision made by a court which will be used by other courts to decide similar issues.
A ____ ____ ___ is one that 'on the face of it' is sufficiently strong for a jury to be legally justified in finding for the plaintiff if the defense elects not to introduce and additional evidence. If a plaintiff in a lawsuit files to present a ____ ___ ___ , then the judge may decide to dismiss the case w/o submitting it to the jury and w/o requiring the defense to present a case
A Prima Facie Case is one that 'on the face of it' is sufficiently strong for a jury to be legally justified in finding for the plaintiff if the defense elects not to introduce and additional evidence. If a plaintiff in a lawsuit files to present a prima facie case then the judge may decide to dismiss the case w/o submitting it to the jury and w/o requiring the defense to present a case
The _____________ have been adopted by the AMA as part of its Code of Medical Ethics
The Principles of Medical Ethics have been adopted by the AMA as part of its Code of Medical Ethics
___. Each individual has a right to ___that will be legally protected. Unlike the physician’s obligation to guard his patient’s confidences, the right to____ is not dependent upon the existence of a physician/patient relationship. Each of us has the right to ___, and each of us has the obligation to respect the ___of others.
Privacy. Each individual has a right to privacy that will be legally protected. Unlike the physician’s obligation to guard his patient’s confidences, the right to privacy is not dependent upon the existence of a physician/patient relationship. Each of us has the right to privacy, and each of us has the obligation to respect the privacy of others.
_____ communications are protected from compulsory disclosure in court proceedings or discovery. Most attorney/client communications are ____ as are most communications during psychiatric therapy. In some jurisdictions physician/patient may also be ____
Privilege. Privileged communications are protected from compulsory disclosure in court proceedings or discovery. Most attorney/client communications are privileged, as are most communications during psychiatric therapy. In some jurisdictions physician/patient may also be privileged.
___may be granted in civil cases when the defendant’s conduct has been particularly outrageous. Although arising in a civil case rather than a criminal case, the intent of ___ is to serve as punishment rather than compensation.___s are awarded in addition to any award that may be made for actual losses or injury that the plaintiff has suffered. See ‘compensatory damages’ above.
Punitive Damages. Punitive damages may be granted in civil cases when the defendant’s conduct has been particularly outrageous. Although arising in a civil case rather than a criminal case, the intent of punitive damages is to serve as punishment rather than compensation. Punitive damages are awarded in addition to any award that may be made for actual losses or injury that the plaintiff has suffered. See ‘compensatory damages’ above.
____ is a legal action brought by a private individual on behalf of the government. When a ____is brought against a physician for Medicare fraud it will be based on the False Claims Act which allows recovery of the amount proven to be owed plus triple damages. The private individual bringing the claim can receive a percentage of the recovery for his services.
Qui Tam Action. A qui tam action is a legal action brought by a private individual on behalf of the government. When a qui tam action is brought against a physician for Medicare fraud it will be based on the False Claims Act which allows recovery of the amount proven to be owed plus triple damages. The private individual bringing the claim can receive a percentage of the recovery for his services.
Literally ‘the thing speaks for itself.’ This legal principle is often raised when the very event causing harm is very good evidence for negligence as, for example, when medical instruments are left in the patient’s body.
Res Ipsa Loqutur. Literally ‘the thing speaks for itself.’ LAW & MEDICINE, 21. This legal principle is often raised when the very event causing harm is very good evidence for negligence as, for example, when medical instruments are left in the patient’s body.
Literally ‘let the master answer,’ ___is a doctrine which provides for the vicarious liability of an employer for the acts of his employees when performing their duties.
Respondeat Superior. Literally ‘let the master answer,’ resondeat superior is a doctrine which provides for the vicarious liability of an employer for the acts of his employees when performing their duties.
___The right for each individual to make his own decisions regarding his body and his life is sometimes called the ___
Right to Self Determination. The right for each individual to make his own decisions regarding his body and his life is sometimes called the right to self determination.
___is the 1973 United States Supreme Court case that legalized abortion in the United States.
Roe v. Wade. Roe v. Wade is the 1973 United States Supreme Court case that legalized abortion in the United States.
___is the formal act of delivering a Summons and Complaint to the Defendant for the purpose of bringing him under the jurisdiction of the court.
Service of process is the formal act of delivering a Summons and Complaint to the Defendant for the purpose of bringing him under the jurisdiction of the court.
____ is a contract remedy that requires that a contract be enforced exactly according to its terms rather than with a money judgment for a breach of the contract. Normally, ___ will be awarded only if a contract relates to a unique item that has no substitute. For example, a contract for the purchase of a unique, antique automobile might be specifically enforced by the court’s requiring the delivery of the specific automobile upon tender of the contract price since an award of money damages would not enable the plaintiff to purchase an acceptable alternative.
Specific Performance is a contract remedy that requires that a contract be enforced exactly according to its terms rather than with a money judgment for a breach of the contract. Normally, specific performance will be awarded only if a contract relates to a unique item that has no substitute. For example, a contract for the purchase of a unique, antique automobile might be specifically enforced by the court’s requiring the delivery of the specific automobile upon tender of the contract price since an award of money damages would not enable the plaintiff to purchase an acceptable alternative.
____Once a general legal principle has been resolved by a court, the rule of ____ requires that in the future the court follow the principle, or precedent, that it resolved in the earlier case. The earlier case may be overturned, but usually only when the court finds that its earlier decision was erroneous or for other good reason
Stare Decisis. Once a general legal principle has been resolved by a court, the rule of stare decisis requires that in the future the court follow the principle, or precedent, that it resolved in the earlier case. The earlier case may be overturned, but usually only when the court finds that its earlier decision was erroneous or for other good reason
____ A law created by the legislative body of the State is known as an Act or statute.
Statute. A law created by the legislative body of the State is known as an Act or statute.
_____ the period of time within which a particular case must be brought or be lost forever is the _____
Statute of Limitations. The statute that limits the period of time within which a particular case must be brought or be lost forever is the statute of limitations
____ is a written command to appear in person. Failure to appear may result in a finding of contempt of court. A ____ duces tecum demands the production of documents or records in the possession of the witness on whom it is served.
Subpoena. A subpoena is a written command to appear in person. Failure to appear may result in a finding of contempt of court. A subpoena duces tecum demands the production of documents or records in the possession of the witness on whom it is served.
____ A motion made for ___ a motion for judgment without going through an entire trial.
Summary Judgment. A motion made for summary judgment is a motion for judgment without going through an entire trial.
____ is a form of coverage which continues to provide malpractice insurance after another policy, usually a claims based policy, has lapsed. It is sometimes referred to as an extended reporting endorsement.
Tail Coverage’ is a form of coverage which continues to provide malpractice insurance after another policy, usually a claims based policy, has lapsed. It is sometimes referred to as an extended reporting endorsement.
____ is a California Supreme Court Case that held that an individual’s duty to warn another of danger permits a physician to break the confidences of a patient.
Tarasoff v. Regents of Univ. of Cal. is a California Supreme Court Case that held that an individual’s duty to warn another of danger permits a physician to break the confidences of a patient.
A ____is a wrong that may be remedied by a civil action.
A tort is a wrong that may be remedied by a civil action.
A is an injunction entered temporarily until all parties may be heard on the issue after which the ___ will either be lifted or made a permanent injunction.
A Temporary Restraining Order (TRO) is an injunction entered temporarily until all parties may be heard on the issue after which the TRO will either be lifted or made a permanent injunction.
____ contains the codified versions of the Acts or Statutes of the United States passed into law. It is typically cited as in this example: 42 U.S.C.
The United States Code contains the codified versions of the Acts or Statutes of the United States passed into law. It is typically cited as in this example: 42 U.S.C.
___is liability that attaches because of the wrongful acts of third parties. If, for example, your receptionist releases confidential information taken from your office medical records you may be held liable just as if you had released the information yourself.
Vicarious liability is liability that attaches because of the wrongful acts of third parties. If, for example, your receptionist releases confidential information taken from your office medical records you may be held liable just as if you had released the information yourself.
____ literally means ‘to tell the truth’ but is law French for the process of questioning jurors to discover bias or other disqualifications that may render a juror illegible to sit on a trial.
Voir Dire literally means ‘to tell the truth’ but is law French for the process of questioning jurors to discover bias or other disqualifications that may render a juror illegible to sit on a trial.