Law

Question 1

Criminal Law

Answer 1

laws that deal with crimes & their punishments

addresses the rules & statutes that define wrongdoings against the community

Question 2

Misdemeanor

Answer 2

an offense that is considered less serious than a felony and carries a lesser penalty, usually a fine or imprisonment for less than 1 year

Question 3

Felony

Answer 3

a crime declared by statute to be more serious than a misdemeanor & deserving of a more severe penalty

conviction usually requires imprisonment in a penitentiary for longer than 1 year

Question 4

Assault

Answer 4

the crime of trying or threatening to hurt someone physically

Question 5

Battery

Answer 5

intentional touching or using force in a harmful manner, without the person’s consent

Question 6

Plaintiff

Answer 6

a person who files a lawsuit initiating a legal action

Question 7

Defendant

Answer 7

a person who is being sued or accused of a crime in a court of law

Question 8

Subpoena

Answer 8

a written order that commands someone to appear in court to give evidence

Question 9

Deposition

Answer 9

a formal statement that someone who has promised to tell the truth makes so that the statement can be used in court

Question 10

Civil Law

Answer 10

laws that deal with the rights of people, things, & relationships rather than with crimes

Question 11

Contract

Answer 11

a legal agreement between 2 or more parties

a valid contract must include 4 elements:
1. Mutual assent
»an agreement by all parties to contract; must prove there was an offer and acceptance

2. Consideration
   » a benefit of some type for entering into the contract, such as financial reimbursement
3. Capacity
   »parties must be legally able to contract (legal age & sound of mind)
4. Legality
   »subject matter must be legal

Question 12

Breach

Answer 12

infraction or violation of a law, obligation, tie, or standard

Question 13

Negligence

Answer 13

the failure to do something that a reasonably prudent individual would do under similar circumstances

Question 14

Administrative Law

Answer 14

the body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies

Question 15

Litigation

Answer 15

a lawsuit or legal action that determines the legal rights and remedies of the person or party

Question 16

Tort

Answer 16

an action that wrongly causes harm to an individual but is not a crime and is dealt with in a civil court.

there are 2 major classifications of torts:
1. intentional
2. negligence

Question 17

Intentional tort

Answer 17

an intentional wrongful act by a person or entity who means to cause harm, or who knows, or is reasonably certain, that harm will result from the act

ex. assault, battery, defamation of character, invasion of privacy, & administering an injection without consent of patient

Question 18

Defamation of character

Answer 18

hurting someone’s reputation

Question 19

Slander

Answer 19

is verbal defamation

to make a false spoken statement that causes people to have a bad opinion of someone

Question 20

Libel

Answer 20

is written defamation

a false accusation that is made with malicious intent to hurt the reputation of a person

Question 21

Negligence is a common tort in…

Answer 21

malpractice cases

Question 22

Res ipsa loquitur

Answer 22

“it speaks for itself”
negligence is obvious

Question 23

respondeat superior

Answer 23

a doctrine that states that employers are responsible for the actions of their employees when the actions are performed within the constraints of their position

Question 24

Common Law

Answer 24

“master-servant rule”

the laws that developed from English court decisions and customs and that from the basis of laws in the US

Question 25

Negligent torts are…

Answer 25

unintentional

Question 26

to prove negligence, plaintiff must prove the “Four D’s of negligence”

Answer 26

-A Duty existed

-There was a Dereliction of duty

-The misconduct of the defendant was the Direct Cause of the injury

-Damages (usually substantial) occurred as a result of the misconduct

Question 27

Malfeasance

Answer 27

performance of an unlawful, wrongful act

ex. performing a procedure on the wrong patient

Question 28

Misfeasance

Answer 28

the performance of a lawful action in an illegal or improper manner

ex. performing the procedure on the correct patient but doing so incorrectly

Question 29

Nonfeasance

Answer 29

failure to perform to task, duty, or undertaking that one has to agree to perform or has a legal duty to perform

ex. waiting to treat a patient until it is too late

Question 30

Informed consent

Answer 30

voluntary agreement with an action proposed by another