Chapter 6 Part 2 Flashcards

(32 cards)

1
Q

Right to be free from unwarranted publicity and exposure to public view

A

Right to privacy

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2
Q

Spoken form of defamation

A

Slander

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3
Q

Characterized by conduct that is so outrageous that it goes beyond the bounds tolerated by society

A

Infliction of mental distress

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4
Q

Society’s expression of the limit of acceptable human behavior

A

Criminal law

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5
Q

Offense punishable by less than 1 year in jail and/or a fine

A

Misdemeanor

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6
Q

Serious crime generally punishable by imprisonment in state or federal penitentiary for more than 1 year

A

Felony

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7
Q

Formal reading of the accusatory instrument and includes the setting of bail

A

Arraignment

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8
Q

Committed when a dishonest provider or consumer intentionally submits or causes someone else to submit false information for use in determining the amount health care benefits payable

A

Health care fraud

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9
Q

Commission of an unintentional act that results in the death of another person

A

Manslaughter

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10
Q

Illegal taking of another person or organization’s property

A

Theft

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11
Q

A special agreement written or oral that involves legally binding obligations between two or more parties

A

Contract

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12
Q

What are the 3 elements of a contract?

A

Offer/communication, consideration, acceptance

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13
Q

The parties must understand and agree on terms of the contract

A

Meeting of the minds

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14
Q

Requires mutual assent to be found between the parties; terms must be complete that both parties understand and agree to what has been proposed

A

Definite and complete

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15
Q

Other party may revoke an offer at any time prior to valid acceptance

A

Duration

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16
Q

Acceptance must be the mirror image of the offer

A

Complete and conforming

17
Q

Agreement between two or more entities to deal with each other regarding a specific area of business and group

A

Exclusive contract

18
Q

Process of investigating the facts of a case before trial

19
Q

Legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body

20
Q

Orders the appearance of a person at a trial or other investigative proceeding to give testimony

A

Subpoena ad testificandum

21
Q

Written command to bring records, documents, or other evidence described in the subpoena to a trial or other investigative proceeding

A

Subpoena duces tecum

22
Q

Requires that the plaintiff’s attorney show the defendant violated a legal duty by not following an acceptable standard of care and that the plaintiff suffered injury

A

Burden of proof

23
Q

Facts prove or disproved during a lawsuit

24
Q

Proof offered through direct testimony

A

Direct evidence

25
Evidence furnished by things themselves; most trustworthy and preferred type of evidence
Demonstrative (real) evidence
26
Written evidence capable of making a truthful statement
Documentary evidence
27
Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it
Assumption of a risk
28
Provides that the degree of negligence or carelessness of each party to a lawsuit must be established by the finder of fact and that each party then is responsible for their share
Comparative negligence
29
Lack of ordinary care on the part of the person injured that combined with the negligent of the other caused injury
Contributory negligence
30
Legislatively imposed time constraints that restrict the period of time after an injury occurs
Statute of limitations
31
Manslaughter that occurs in the heat of the moment
Voluntary manslaughter
32
What is an example of involuntary manslaughter?
Drunk driving and hitting a person