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15 Cards in this Set
- Front
- Back
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DUE CARE
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STANDARD OF CARE OR LEGAL DUTY ONE PERSON OWES ANOTHER.
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STANDARD OF CARE
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DEGREE OF CARE A REASONABLE (AVERAGE) person would exercise under same or similaR CIRCUMSTANCES.
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STANDARD OF CARE FOR PHYSICIANS
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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 |
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CONSTITUTION
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DEFINES STRUCTURE OF GOVERNMENT, HOW CONGRESS PASSES LAWS, INDEPENDENT FEDERAL JUDICIARY, HIGHEST SOURCE OF LAW.
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STATUTES
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CONDUCT,DEFINE CRIMES,CREATE GOVERNMENT BODIES,PROMOTE PUBLIC GOOD AND WELFARE
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ADMINISTRATIVE AGENCIES
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ADMINISTRATIVE LAWS-RULES, REGULATIONS, ORDERS AND DECISIONS
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BRANCHES OF GOVERNMENT
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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).
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STATE AND FEDERAL CONSTITUTION POWERS
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GIVE LEGISLATURE POWER TO CREATE LAWS (STATUTES), EXECUTIVE BRANCH-POWER TO ENFORCE LAWS THROUGH AGENCIES,JUDICIAL BRANCH-POWER TO DECIDE DISPUTES AND SET PRECEDENT
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ORDINANCES
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LOCAL GOVERNMENT LAWS
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ADMINISTRATIVE AGENCIES
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AGENCIES THAT ARE PART OF THE EXECUTIVE BRANCH, CREATE RULES AND REGULATIONS TO ENFORCE LAWS,
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CASE LAW
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USING PRECEDENTS TO DECIDE CASES.OPINIONS WRITTEN BY VARIOUS JUDGES ABOUT CASES.
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FUNCTIONS OF ADMINISTRATIVE AGENICES
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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) |
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ADMINISTRATIVE HEARING
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NO JURY BUT LIKE A COURT TRIAL BEFORE AN ADMINISTRATIVE JUDGE. CAN BE APPEALED TO REGULAR COURT SYSTEM
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COMMON VS CIVIL LAW
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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) |
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PRECEDENT
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EARLIER CASE DEALT WITH ISSUE, OPINION RENDERED AND IS COMPARED TO CURRENT CASE FOR INTERPRETATION
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