Jurisprudence

Question 1

__ = legislation signed by the president/governor

Answer 1

Act

Question 2

__ = statue = regulation = formally written

Answer 2

LAW

Question 3

__ = set of rules, legal restriction

Answer 3

regulations

Question 4

__ = deals with enforcement of statues.

Answer 4

administrative law

Question 5

US court systems 3 separate sections

Answer 5

1. administrative law (License)
2. civil law (Torts)
3. criminal law

Question 6

A __ has authority to issue, renew, restrict, or revoke liceneses as well as censure licensees

Answer 6

governing board

Question 7

burden of proof

__ law and __ law = preponderance of or substantial evidence

Answer 7

civil law and administrative law

Question 8

__ law: beyond a reasonable doubt

Burden of proof

Answer 8

Criminal Law

Question 9

__ an injurious act committed against a person or property or a contract breach

Answer 9

Tort

Question 10

__ omission or commiosno of an act that a reasonable, prudent person would or would not do under given circumstances

Answer 10

negligence

Question 11

__ = malpractice offuce when the alleged wrongdoer is a professional with the requisite action within the scope of practice and requires special knowledge and skill to practice

Answer 11

professional negligence

Question 12

__ an act that is intentional committed knowing that harm is likely result
i.e. assault, battery

Answer 12

intentional tort

Question 13

__ = a threat to touch another without consent

Answer 13

assault

Question 14

__ = actual intentional touching of another without his or her consent

Answer 14

battery

Question 15

tort, battery, assault, negligence are all __ law

Answer 15

civil

Question 16

in civil cases, those wrongfully treated may… (3)

Answer 16

1. file lawsuits
2. collect monetary compensation for damages done to them or their property
3. Pursue other remedies permitted by law

Question 17

law sequence ? 5 points…

Answer 17

1. event
2. patint complaints
3. summons and complaint (settlement starts)
4. pretrial discovery (settlement)
5. traial (settlement)

Question 18

For negligence, a plaintiff (the injured party) must demonstrate 4 things:

Answer 18

1. there was duty owed to the plaintiff by the defendant
2. there was a breach
3. party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
4. causation - breach of duty caused injury or there was a causal connection b/w the breach and the damages
   = duty, breach, damages, causation

Question 19

__ is a special type of negligence. Related to the action in question require the knowledge and skill of a licensed professional

Answer 19

malpractice

Question 20

in Kansas, plaintiff has to prove the defendant is at least __ % at fault

Answer 20

51%

Question 21

A __ is formed when the parties have mutually agreed on terms. It may be oral agreement or written and signed by the parties

Answer 21

contract

Question 22

__ clause indicating what is written is the final representation of all agreed terms

Answer 22

integrated agreement clause

Question 23

__ clause give the employer the right to dismiss an employee with or without reason at any time without advanced notice

Answer 23

at will employee

Question 24

__ clause prhibits professional employees form working within a certain geographical area for specified time period

Answer 24

restrictive covenant or noncompete clause

Question 25

__ clause = party offering a contract is attempting to have the other part agree to assume liability

Answer 25

indemnification (hold harmless) clause

Question 26

__ law deals with acts considered against society | federal or state government

Answer 26

criminal law

Question 27

__ = incarceration, fines, or both (DUI, manslaughter, fraud)

Answer 27

penalties

Question 28

Title __ prohibits employment discrimination based on race, color, religion, sex...

Answer 28

Title VII

Question 29

Title VII included the __ act which established a commission to study the existence of artificial barriers to the advancement of women and minorities in the workplace

Answer 29

Glass Ceiling Act

Question 30

__ act prohibits sex-based wage discrimination | - Job titles can differ, content must be substantially equal, job is performed under similar working conditions

Answer 30

Equal pay act

Question 31

__ act prohibits employment discrimination acting persons age 40 or older. Applied to employers with 20 or more employees, job applicants, employment agencies, all levels of government, labor organizations

Answer 31

Age discrimination in employment act

Question 32

__ act employment discrimination against qualified individuals with disabilities. 15 or more employees. employer must make reasonable accommodation to the known disability of qualified applicant

Answer 32

Americans with Disabilities Act

Question 33

__ sets standards for minimum wage and overtime pay rate (1 1/2 x regular pay) that affect most private and public employers

Answer 33

fair labor standards act (FLSA)

Question 34

Topics/questions to avoid in interview.. (6)

Answer 34

sexual preference, sex life, religious beliefs, political affiliations, family planning, or personal finances (only okay if permission given to check credit rating)

Question 35

10 ways to avoid malpractice...

Answer 35

``` be courteous do you homeowner avoid the EHR trap remember to follow up communicate clearly and effectively ensure patients full understand listen and learn expand your educational horizons think like a patient be consistent ```