law

Question 1

what supersedes all other law

Answer 1

constitutional

Question 2

charges are brought by individuals, groups or the state to recover damages

Answer 2

civil law (tort law)

Question 3

charges are brought by the government to punish wrongdoing

Answer 3

criminal law

Question 4

changes are brought by administrative agencies to enforce a set of statues

Answer 4

administrative law

Question 5

layers of regulation

Answer 5

federal
state
accrediting agencies
professional organizations
facility policy and procedures

Question 6

in civil and administrative law, the burden of proof is

Answer 6

substantially evident

Question 7

the failure to use such care that a reasonably prudent and careful person would/would not use under the same or similar circumstances
failure to use reasonable care

Answer 7

negligent torts

Question 8

intentionally committed act knowing that harm will result

Answer 8

intentional tort

Question 9

threat to touch without consent

Answer 9

assault

Question 10

intentional touching of another without consent

Answer 10

battery

Question 11

confinement of a person

Answer 11

false imprisonment

Question 12

communication that may place someone up for ridicule. slander is verbal and libel is written this

Answer 12

defamation

Question 13

intentional misrepresentation that could cause harm

Answer 13

fraud

Question 14

doing something that one is not supposed to do

Answer 14

malfeasance

Question 15

the improper performance, which the person may lawfully complete

Answer 15

misfeasance

Question 16

should have taken action but did not

Answer 16

nonfeasance

Question 17

is a special type of negligence that occurs when the alleged wrongdoer is a professional and the act or omission is withing the scope of car of that professional

Answer 17

malpractice

Question 18

the PT has taken responsibility to act in a reasonable manner

Answer 18

duty

Question 19

the PT failed to act reasonably

Answer 19

breach

Question 20

there was a consequence to that breach

Answer 20

damages/injury

Question 21

the damages were linked directly to the breach

Answer 21

causation

Question 22

what elements must be proven for negligence

Answer 22

all four

Question 23

a legal relationship between the parties exists which imposes an obligation of care, performance, or observance

Answer 23

duty

Question 24

what a reasonable professional would have done in similar circumstances

Answer 24

standard of care

Question 25

an added award when provider's actions were intentionally harmful or grossly negligent

Answer 25

punitive damages

Question 26

any cause, proceeding entirely from an independent source, which "breaks the line of causation" from the defendant's allegedly wrongful act to the plantiff's complained - of injury

Answer 26

intervening cause

Question 27

a legal doctrine whereby some persons are held responsible for damages their actions or products cause, regardless of any "fault" on their part

Answer 27

strict liability

Question 28

when one person is held responsible for the negligence of another person usually applies in an employment context

Answer 28

vicarious liability

Question 29

4 duties of the corporate negligence doctrine

Answer 29

duty to monitor and supervise current staff duty to select and retain competent staff duty to maintain adequate and safe facilities and equipment duty to formulate, adopt, and enforce adequate rules and policies

Question 30

either action or neglect leading to physical, sexual or emotional harm

Answer 30

abuse

Question 31

any unlawful attempt or threat of force or violence to do a corporal hurt to another, whether from malice or wantonness

Answer 31

assault

Question 32

intends to do more than mearly frighten the victim

Answer 32

aggravated assault

Question 33

those unwanted sexual advances while bereft of violence or even contact, nontheless offend the recipient and are clearly sexual in nature

Answer 33

sexual assault

Question 34

an lawful touching the person of another by the aggressor or any other substance put in motion by the aggressor or any other substance put in motion by the aggressor sillful and unlawful use of force or violence upon the person of another

Answer 34

battery

Question 35

use of a weapon

Answer 35

aggravated battery

Question 36

the use of force on another for sexual acts

Answer 36

sexual battery

Question 37

names the defendants, the plaintiff, lawsuit jurisdiction, and when defendants should appear

Answer 37

summons

Question 38

details of the case against the defendant | basis of the suit

Answer 38

complaint

Question 39

process of receiving summons and complaint

Answer 39

being surved

Question 40

prohibited physicians from referring Medicare patients for certain health care services to entities with which the physicians or their immediate family members have a financial relationship

Answer 40

STARK II Law