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15 Cards in this Set

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DUE CARE
STANDARD OF CARE OR LEGAL DUTY ONE PERSON OWES ANOTHER.
STANDARD OF CARE
DEGREE OF CARE A REASONABLE (AVERAGE) person would exercise under same or similaR CIRCUMSTANCES.
STANDARD OF CARE FOR PHYSICIANS
USE DUE CARE, SKILL AND DILIGENCE IN TREATING PATIENTS
EDUCATION
PERFORM TO BEST OF ABILITY (REGARDLESS OF FEE)
BEST JUDGEMENT
CUSTOMARY TREATMENT FOR SIMILAR CASES
INSTRUCTIONS
ABSTAIN FROM EXPERIMENTAL TREATMENT
PRECAUTION AGAINST CONTAGIOUS DISEASE
ADVISE AGAINST NEEDLESS PROCEDURES
CONSTITUTION
DEFINES STRUCTURE OF GOVERNMENT, HOW CONGRESS PASSES LAWS, INDEPENDENT FEDERAL JUDICIARY, HIGHEST SOURCE OF LAW.
STATUTES
CONDUCT,DEFINE CRIMES,CREATE GOVERNMENT BODIES,PROMOTE PUBLIC GOOD AND WELFARE
ADMINISTRATIVE AGENCIES
ADMINISTRATIVE LAWS-RULES, REGULATIONS, ORDERS AND DECISIONS
BRANCHES OF GOVERNMENT
EXECUTIVE(PRESIDENT, VP AND CABINET-ENFORCE LAWS PASSED BY LEGISLATIVE BRANCH), JUDICIAL(OVERSEES COURT SYSTEM, EXPLAINS MEANING OF CONSTITUTION, AND CONGRESSIONAL LAWS), LEGISLATIVE-SENATE AND HOUSE OF REPRESENTATIVES,MAKE LAWS AND AMEND THE CONSTITUTION).
STATE AND FEDERAL CONSTITUTION POWERS
GIVE LEGISLATURE POWER TO CREATE LAWS (STATUTES), EXECUTIVE BRANCH-POWER TO ENFORCE LAWS THROUGH AGENCIES,JUDICIAL BRANCH-POWER TO DECIDE DISPUTES AND SET PRECEDENT
ORDINANCES
LOCAL GOVERNMENT LAWS
ADMINISTRATIVE AGENCIES
AGENCIES THAT ARE PART OF THE EXECUTIVE BRANCH, CREATE RULES AND REGULATIONS TO ENFORCE LAWS,
CASE LAW
USING PRECEDENTS TO DECIDE CASES.OPINIONS WRITTEN BY VARIOUS JUDGES ABOUT CASES.
FUNCTIONS OF ADMINISTRATIVE AGENICES
1. CREATE RULES AND REGULATIONS
2.ENFORCE LAWS AND ADMINISTRATIVE REGULATIONS
3. HANDLE DISPUTES BETWEEN AGENCIES AND PERSONS
-NOT WITHIN SCOPE OF AGENCY
-NOT WITHIN STATUTE
-UNCONSTITUTIONAL
PAY FOR HEALTH CARE, REGULATE ACTIONS AND PROSECUTE FOR CRIMES (MEDICARE FRAUD)
ADMINISTRATIVE HEARING
NO JURY BUT LIKE A COURT TRIAL BEFORE AN ADMINISTRATIVE JUDGE. CAN BE APPEALED TO REGULAR COURT SYSTEM
COMMON VS CIVIL LAW
COMMON LAW- (COMMON LAW OF ENGLAND)IS FOR GENERAL POPULATION AND IS DETERMINED BY PRECEDENT
CIVIL LAW-ALL LAWS COME FROM DETAILED CODE (FRANCE, GERMANY,ITALY)
PRECEDENT
EARLIER CASE DEALT WITH ISSUE, OPINION RENDERED AND IS COMPARED TO CURRENT CASE FOR INTERPRETATION