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MA 150 > Chapter 3 - Legal Principles > Flashcards

Chapter 3 - Legal Principles Flashcards

(62 cards)

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1
Q

Sources of Law

A

Law is a custom or practice of a community. Gives order to our lives.

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2
Q

Balance of power include?

A

Federal Govt. and State Govt.

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3
Q

3 branches of Govt.

A

Legislative, Executive, Judicial

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4
Q

Government Federal -Legislative

A

Known as Congress, = senate and house of Rep
, elected by voters of state
Roles Include: Introduces new federal laws, declares war, can override the presidents veto

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5
Q

Government Federal- Executive

A

President of the U.S.
Roles Include: Issue executuve orders that become law w/out approval of congress, creates a budget, approves & passes bills from congress or vetoes new laws

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6
Q

Government Federal - Judicial

A

Supreme Court
Roles Include: Interprets laws according to the US Constitution, determines if laws from congress & executive actions are constitutional

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7
Q

State Government - Legislative

A

almost each state has 2 houses, official are elected
Roles Include: Introduces legislation to be new state laws

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8
Q

State Government - Executive

A

elected governor
Roles Include: issues executive orders, approves & passes bills from state houses or vetoes new laws

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9
Q

State Government - Judicial

A

state supreme court
Roles Include: interprets laws according to state constitution, hears cases from lower courts, determines if state laws are constitutional

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10
Q

What are the four types of laws?

A

Constitutional Law, Case Law, Regulatory & Administrative Law, Statutory Law

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11
Q

Case Law

A

derived from precedents & common law
ex. right to have an attorney, if they can’t afford one

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12
Q

Constitutional Law

A

Derived from federal & state governments
ex. prohibition of slavery, power to tax

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12
Q

Statutory Law

A

Refers to laws enacted by state & federal legislatures
ex. speed limits

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12
Q

Substantive Law

A

Laws that determine rights & obligations of people derived from common law & states

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12
Q

Regulatory & Administrative Law

A

Concerns procedures, regulations, & rules of federal, state, & local governmental administrative agencies
ex. Social security administration, licensing agencies

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13
Q

Procedural Law

A

Laws that all parties must follow when investigating & prosecuting unlawful acts

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14
Q

Criminal Law

A

Statues that define actions or omissions that threaten and/or harm public safety & welfare
Punishable as offenses

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15
Q

Misdemeanor

A

Lesser criminal offense (punishable by big fine or JAIL time less than a year)

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16
Q

Felony

A

serious criminal offense & is classified by degree (punishably by big fine & PRISON time more than a year)

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17
Q

Civil Law

A

protect & define private rights

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18
Q

Branches of Civil Law

A

Tort Law, Contract Law, Property Law, Family Law

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19
Q

Tort Law

A

one person, or govt., or business does a wrong doing to an individual that causes injury or property damage

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20
Q

Contract Law

A

agreements btwn. 2 or more individuals or parties

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21
Q

Property Law

A

applies to personal property & real property

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22
Family Law
Applies to marriage, divorce, annulment, child custody, & support, birth, adoption
23
Intentional Tort Includes
assault, battery, false imprisonment, fraud, defamation, invasion of privacy
24
Negligent Tort
Malfeasance, Misfeasance, Nonfeasance, Malpractice, Standard of Care
25
Malfeasance
performance of an unlawful, wrong act
26
Misfeasance
improper performance of a lawful act
27
Nonfeasance
failure to act when one had a legal duty to act
28
Malpractice
type of negligence that applies to professionals
29
Standard of Care
level & type of care an ordinary, prudent healthcare professional, having the same training & experience in a similar practice, would have provided under a similar situation
30
Denial Defense
used when none of the facts are true
31
Technical Defenses
look for ways to have the cases dismissed based on a legal technicality
32
Statue of Limitations
length of time legal action can be taken after an event has occured
33
Good Samaritan Laws
Vary in each state, person must provide care in true emergency, & "in good faith"
34
Release of Tortfeasor
signed a release & received monetary compensation
35
Res Judicata
If case is decided by court, can't bring a similar suit against defendant again
36
Affirmative Defenses
Means the defendant admits to wrong doing, but their attorney introduces facts that support conduct
37
Contributory Negligence
plaintiff's actions or lack of actions caused the injury
38
Comparative Negligence
plaintiff's actions or lack of actions caused the injury to a certain percentage
39
Assumption of Risk
defendant can show evidence that the plaintiff had actual, subjective knowledge of the risks involved, & the plaintiff consented to proceed w/ the activity
40
Limited or No Harm
defendant claims the plaintiff suffered no or little harm, much less that what the plaintiff claims
41
Intervening Cause
defendant acknowledges the plaintiff suffered injuries due to defendant's negligence, but the injury was made worse by the plaintiff's actions following the situation
42
4 elements to prove medical negligence
Duty of Care, Dereliction, Damages, Direct Cause
43
Duty of Care
Healthcare professional has a legal obligation to the patient
44
Dereliction
Healthcare professional breaches the duty of care to the patient
45
Damages
The patient suffers a legally recognized injury
46
Direct Cause
the breach of duty of care (negligent act or lack of action) directly causes the patient's injury
47
Types of damages
Punitive, Nominal, compensatory, general, special
48
Punitive Damage
A very large payment meant to punish the defendant
49
Nominal Damage
A very small settlement bc the plaintiff's injury was slight
50
Compensatory Damage
A settlement for loses suffered
51
General Damage
A settlement for emotional pain & anguish, loss of future earning power, & so on.
52
Special Damage
A settlement for a specific dollar amount that directly relates to medical bills
53
Liability Insurance
provides protection from claims of injuries or damage to people or property
54
First party
person or company purchasing insurance policy
55
Second Party
Insurance company
56
Professional Liability Insurance
Type of insurance that protects professionals against liability suits due to errors & omissions while performing their professional services
57
Medical Malpractice Insurance
protects healthcare professionals, from liability related to wrongful practices resulting in injury, expense, & property damages
58
General Liability or Commercial Insurance
purchases by companies, protects business from lawsuits for property loss & bodily injury from nonemployess
59
Personal Injury Insurance
protects against claims related to harm other than bodily injury

MA 150 (1 decks)

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