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34 Cards in this Set
- Front
- Back
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degree of willfullness/culpability |
scale of how responsible we are for your actions
intentionally knowingly recklessly negligently strictly liable |
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what if your responsible but it was not on purpose? |
tort |
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what is intentionally? (degree) |
your act was on purpose but you didn't mean for the exact consequence to happen |
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what is knowingly (degree)? |
you know the action has some consequences |
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what is recklessly? (degree) |
act with indifference to consequences |
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what is negligently? (degree) |
accident; didnt try/mean it to happen |
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what is strictly liable? (degree) |
doesn't matter what your state of mind is...outcome defines responsibility
ex) product liability |
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what is nonfeasance? |
"did you have something to do and didn't do it?"
ex) mandated reporters |
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what is misfeasance? |
did something you didn't have to do and it turned out bad |
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what is informed consent? |
get agreement from pt to allow something to happen...full knowledge of risks and alternatives
*need this unless they are unconscious* |
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where do we go when we have a criminal case?
(you vs. the united states) |
district attorney attorney general US attorney
*someone is in charge of speaking for the state/country* |
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what creates the State Board of PT?
what is the State Board's responsibility? |
practice act
make sure licensed individuals deserve to be licensed...they can take your license away |
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what is adjudication? |
case by case decision when applying a law; this is what the state board does for license suspended/taken/probation |
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what are the categories of action (2)? |
crime tort |
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what is a crime? |
something society reacts to; usually an intentional act |
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what is a civil action?
what are the 2 types? |
righting a wrong between 2 people
action in equity action in tort |
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what is action in equity?
what is action in tort? |
court force you to change something
compensate someone for damages |
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what is equity? |
ex) sue for civil rights if you refuse to treat someone for their religion...court orders you to still see them ex) reinstated job you were terminated from |
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what are consequences? |
(with criminal or civil) jail fine challenged license |
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what are intentional actions (9) |
acted intentionally and it had a consequence
assault (crime) battery (crime) false imprisonment emotional distress conversion/trespass of chattel defamation invasion of privacy fraud sexual harassment |
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what is assault? |
imminent apprehension that battery is about to occur and person making the threat has apparent ability to act on it |
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what is battery? |
intentional act that causes harm/offense to a person from their perspective
ex) punch ex) kissing someone who doesnt want it
aggregated battery-involves a weapon causing/nearly causing death sexual battery |
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what is false imprisonment? |
(a tort) someone is trying to detain you, you are aware of it, you are harmed by it (doesnt have to be physically) reasonable belief that the person has the physical ability/manipulating advantage to keep you from leaving |
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what is emotional distress? (2) |
intentional negligent
offend someone but not battery (not physical) |
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what is conversion/trespass of chattel? |
conversion=converting/treating something like its your own
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what is defamation? (2) |
verbal (slander) written (libel)
make a harmful statement that is not true *cant sue if celebrity* |
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what is invasion of privacy? |
unjustified exploitation in someone else's personal life |
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what is fraud? |
misrepresent to someone to get them to do something to their misfortune --you dont always have to benefit!
ex) kickback |
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what is sexual harassment? |
quid pro quo-something for something; asking for an employment benefit in exchange for sex
ex) taunting, inappropriate conversation, isolation of genders |
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what are negligent actions? |
*reasonable person test* 1) have a duty 2) act prudently 3) consequence 4) connected (breach of duty has to be the cause of the injury) |
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what is malpractice? |
any tort within the scope of practice *breach of duty of care that you have as a special class of person* |
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what are the 2 business issues? |
contracts noncompete agreements
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what are contracts? |
legal agreement; doesnt have to be in writing; both parties have to give something |
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what is a noncompete agreement? |
agree to stop working or that you wont work for comptitor/start own business within a certain distance or period of time
*usually for highly specalized practicioners to protect a small market not healthcare* |
