Legal Fundamentals

Question 1

criminal law

Answer 1

Laws that deal with crimes and their punishment

Question 2

Misdemeanor

Answer 2

An offense that is considered less serious than a felony and carries a lesser penalty, usually a fine or imprisonment for less than 1 year

Question 3

Felony

Answer 3

A crime declared by statute to be more serious than a misdemeanor and deserving of a more severe penalty conviction usually requires imprisonment in a penitentiary for longer than 1 year

Question 4

assault

Answer 4

The crime of trying or threating to hurt someone physically

Question 5

Battery

Answer 5

intentional touching or using force in a harmful manner, without the person’s consent

Question 6

plaintiff

Answer 6

A person who files a lawsuit initiating a legal action

Question 7

defendant

Answer 7

A person who is being sued or accused of a crime in a court of law

Question 8

deposition

Answer 8

A formal statement that someone who has promised to tell the truth makes so that the statement can be used in court

Question 9

subpoena

Answer 9

A written order that commands someone to appear in court to give evidence

Question 10

civil law

Answer 10

Laws that deal with the rights of people rather than with crimes

Question 11

Mutual assent

Answer 11

An agreement by all parties to contract: must prove there was an offer and acceptance

Question 12

consideration

Answer 12

A benefit of some type for entering into the contract, such as financial reimbursement

Question 13

capacity

Answer 13

Parties must be legally able to contract

Question 14

legality

Answer 14

subject matter must be legal

Question 15

contract

Answer 15

A legal agreement between two or more parties

Question 16

breach

Answer 16

infraction or violation of a law, obligation, tie, or standard

Question 17

negligence

Answer 17

The failure to do something that a reasonably prudent individual would do under similar circumstances

Question 18

administrative law

Answer 18

The body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies

Question 19

litigation

Answer 19

A lawsuit or legal action that determines the legal rights and remedies of the person or party

Question 20

FMLA

Answer 20

is a federal law that requires certain employers to give time off to employees for familial or medical reasons

Question 21

TJC

Answer 21

helps organizations position for the future of integrated care, strengthen patient safety and the quality of care.

Question 22

Expert witness

Answer 22

A witness in a court of law who is an expert on a particular subject

Question 23

tort

Answer 23

An action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court

Question 24

Intentional torts

Answer 24

An intentional wrongful act by a person or entity who means to cause harm, or who knows, or is reasonably certain, that harm will result from the act

Question 25

Slander

Answer 25

To make a false spoken statement that causes people to have a bad opinion of someone

Question 27

libel

Answer 27

A false accusation that is made with malicious intent to hurt the reputation of a person who is living or the memory of a person who is dead

Question 28

Resipsaloquitur

Answer 28

A doctrine or rule of evidence in tort law that allows an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not usually happen in without negligence

Question 29

Respondeat superior

Answer 29

A doctrine in tort law that makes an employer liable for the wrong of an employee

Question 30

Common law

Answer 30

The laws that developed from English court decisions and customs and that form the basis of laws in the U.S.

Question 31

Malfeasance

Answer 31

Performance of an unlawful, wrongful act

Question 32

Misfeasance

Answer 32

The performance of a lawful action in an illegal or improper manner

Question 33

nonfeasance

Answer 33

Failure to perform a task, duty, or undertaking that one has agreed to preform or has a legal duty to perform