Flashcards in Legal & Law Deck (69)
The federal Americans with Disabilities Act of 1990.
That branch of public law that deals with the various organs of federal, state,
and local governments which prescribes in detail the manner of their activities.
Legally executed document that explains the patient's healthcare-related
wishes and decisions. It is drawn up while the patient is still competent and is used if the patient
becomes incapacitated or incompetent.
Acting on behalf of those who are not able to speak for or represent themselves. It is
also defending others and acting in their best interest. A person or group involved in such activities is
called an advocate.
A written statement of fact signed and sworn before a person authorized to administer an
The process whereby a court of appeals reviews the record of written materials from a trial
court proceeding to determine if errors were made that might lead to a reversal of the trial court's
A form of personal liberty of action in which the patient holds the right and freedom to
select and initiate his or her own treatment and course of action, and taking control for his or her
health; that is, fostering the patient's independence and self-determination.
Generally involving actual or constructive fraud, or a design to mislead or deceive
The obligation and duty to promote good, to further and support a patient's legitimate
interests and decisions, and to actively prevent or remove harm; that is, to share with the patient risks
associated with a particular treatment option.
Literally translated as "in good faith"
Burden of Proof
The duty of producing evidence as the case progresses, and/or the duty to
establish the truth of the claim by a preponderance of the evidence. The former may pass from party
to party, the later rests throughout upon the party asserting the affirmative of the issue.
The aggregate of reported cases forming a body of jurisprudence, or the law of a
particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other
sources of law.
Civil Case or Suit
A case brought by one or more individuals to seek redress of some legal injury
(or aspect of an injury) for which there are civil (non-criminal) remedies.
A system of legal principles that does not derive its authority from statutory law, but
from general usage and custom as evidenced by decisions of courts.
Money that a court or other tribunal orders to be paid, by a person whose acts or
omissions have caused loss or injury to another, in order that the person demnified may receive equal
value for the loss, or be made whole in respect to the injury.
The mental ability and capacity to make decisions, accomplish actions, and perform
tasks that another person of similar background and training, or any human being, would be
reasonably expected to perform adequately.
Certain classes of communications, passing between persons who
stand in a confidential or fiduciary relation to each other (or who, on account of their relative situation,
are under a special duty of secrecy and fidelity), that the law will not permit to be divulged.
Contempt of Court
Any act that is calculated to embarrass, hinder, delay or obstruct the court in
the administration of justice, or that is calculated to lessen its authority of its dignity.
The questioning of a witness during a trial or deposition by the party opposing
those who originally asked him/her to testify.
Money awarded by a court to someone who has been injured (plaintiff) and that must be
paid by the party responsible for the injury (defendant). Normal damages are awarded when the
injury is judged to be slight. Compensatory damages are awarded to repay of compensate the
injured party for the injury incurred. Punitive damages are awarded when the injury is judged to have
been committed maliciously or in wanton disregard of the injured plaintiff's interests.
The person against whom an action is brought to court because of alleged responsibility
for violating one or more of the plaintiff's legally protected interests.
The testimony of a witness taken upon interrogatories not in open court, but in
pursuance of a commission to take testimony issued by a court, or under a general law on the
subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an
action in court.
The first interrogation or examination of a witness, on the merits, by the party
on whose behalf he/she is called.
The process by which one party to a civil suit can find out about matters that are relevant
to his/her case, including information about what evidence the other side has, what witnesses will be
called upon, and so on. Discovery devices for obtaining testimony, requests for documents or other
tangibles, or requests for physical or mental examinations.
Deals with the moral basis for the dissemination of goods and evils, burdens
and benefits, especially when making decisions regarding the allocation of healthcare resources.
Any species of proof, or probative matter, legally presented at the trial of an issue, by the
act of the parties and through the medium of witnesses, records, documents, concrete objects, and
the like, for the purpose of inducing beliefs in the minds of the court or jury as to their contention.
A judicial proceeding, order, injuction, and so on, taken or granted at the instance and for
the benefit of one party only, and without notice to, or contestation by, any person adversely
A person called to testify because of recognized competence in an area.
One in which authority is executed fairly; that is consistent with the fundamental
principles of justice embraced within the conception of due process of law.