Ch. 2 The Legal System Flashcards
(53 cards)
1
Q
Federal system
A
- Power divided between federal and state government
- Individual states may implement state laws but administer federal law the same
2
Q
Check and balances is designed..
A
so no one single branch can control the entire government
3
Q
What are the branches of government?
A
- Legislative
- Executive
- Judicial
4
Q
The US constitution..
A
- Sets up the government
- Defines the power of gov. to act/Sets limits on the gov. power
5
Q
The legislative branch
A
- Lawmaking
- Senate and house of representatives
6
Q
The Executive branch
A
- President, Cabinet, Advisors
- Enforces the law
7
Q
The Judicial branch
A
- Judges and federal courts
- Interprets the law
8
Q
What are the sources of law?
A
- Constitutional law
- Statutory and regulatory law
- Common or case law
9
Q
What are the classifications of law?
A
- Public Law
- Criminal, administrative, constitutional, international
- Civil (private) law
- Tort, contract, medical malpractice
- Others: property, inheritance, family, corporate
10
Q
Constitutional Law
A
- Addresses relationship between individuals and their government
11
Q
Statutory (Statues) and regulatory law
A
- Passed by legislative bodies, either congress or state legislature
12
Q
Common or case law
A
- Established from court decisions
- Based on precedent cases
- Still influence today’s health care professionals
13
Q
Civil (private) law
A
- Concerns relationships between individuals or businesses, and government
- Awards monetary damages
- Includes tort law and contract law
14
Q
Tort law
A
- Civil injury, wrongful act
- Can be intentional or unintentional
15
Q
Intentional torts
A
- Assault
- Battery
- False imprisonment
- Defamation of character
- Slander
- Libel - Fraud
- Invasion of privacy
16
Q
Unintentional Torts
A
- Negligence
- Malpractice
17
Q
Assault
A
Threat of bodily harm
18
Q
Battery
A
Actual bodily harm
19
Q
False imprisonment
A
Violation of one’s liberty
20
Q
Defamation of character
A
- Slander (Oral defamation)
- Libel (In print defamation)
21
Q
Fraud
A
Embezzlement, deceitful practice
22
Q
Invasion of privacy
A
Break in confidentiality
23
Q
Negligence
A
An unintentional action that occurs when a person performs or fails to perform an actions
24
Q
Malpractice
A
Misconduct of demonstration of an unreasonable lack of skill
25
Class Action Lawsuit
- Filed by one or more people on behalf of a larger group
- The members of the group are all affected by the same situation
26
Public/Criminal Law
- Protects public from harmful acts of others
- Penalties are fine and/or imprisonment
- May be a felony or misdemeanor carries a fine or jail for 1 year
27
Administrative Law regulations set by government agencies include
- Licensing and supervision of prescribing controlled substances
- Health department regulations
- Regulations against fraud
- Internal revenue service regulations that are health-care related
28
Deposition
- oral testimony to be used in court
29
Plaintiff
- person who sues another party
30
Defendant
- person who is being sued
31
Subpoena duces tecum means
"under penalty , take with you”
32
Stare decisis mean
"let the decision stand"
33
Contract Law
Addresses breach or neglect of legally binding agreement between two parties
34
Contract
- Voluntary agreement between two parties with intent of benefiting each other
- Something of value (consideration) is part of agreement
- Both parties must be competent
35
Types of Contracts
- Expressed contract — Agreement entered into orally or in writing; all components of contract must be clearly stated
- Implied contract — Agreement shown through interference by signs, inaction, or silence
36
Expressed contract —
Agreement entered into orally or in writing; all components of contract must be clearly stated
37
Implied contract —
Agreement shown through interference by signs, inaction, or silence
38
Abandonment —
Withdrawing medical care from a patient w/o providing sufficient notice (in writing)
39
Breach of Contract —
Either party fails to comply with terms of the agreement
40
Grand jury consist of..
12-23 private citizens
41
Grand jury consist of private citizens whose
Votes whether to move indictment to trial court
42
Litigation —
May result when two parties are unable to solve a dispute by themselves
43
Settling out of court —
Occurs when attourneys for both sides work out a settlement
44
Waive —
Both parties (defendant and plaintiff) give up their right to a jury trial
45
Trial —
Begins with opening statements made by attourneys for each side of the case
46
Closing agreement —
Attourneys for the plaintiff and defendant make closing speeches or summaries of their case
47
Appeal —
Plaintiff or defendant may ask (appeal) a higher court to review the decision
48
Discovery —
Process by which facts are discovered
49
Deposition —
Oral testimony before an officer of the court
50
Civil case —
Court looks at “preponderance of evidence”
51
Criminal case —
Needs proof “beyond a reasonable doubt”
52
Expert Witness
- Testifies to what standard of care is
- Clarifies points of knowledge not readily understood by the jury or the judge
53
When testifying in court..
- Tell the truth
- Be professional
- Remain calm
- Do not answer a question you dont understand
- Present only facts
- Do not memorize testimony
- Except to include your opinion
