Part 3 Legal Questions Flashcards
(22 cards)
Decedent
Someone who has died
Codicil
Supplement or Amendment to a WILL
Co-Insurance
Division of Resposibility for losses or risks between the insurer and the insured. The insured individual might agree to pay, for example, the first $50 of any claim.
Think Health Insurance , AFTER we Pay our $1000 deductible, then our Co-insurance kicks in at 80/20 split. Where we still pay %20 of the total cost of the bill.
Actionable
Conduct giving rise to a cause for legal action.
Adjuication
Decision or disposition of a case by the announcement of a judgment or decision by the court or other body.
So another case rules on a subject and Adjuicats the one in progress.
Affidavit
WRITTEN statment under oath
Ex. Notary public.
Amicus curiae
“Friend of the court”
Ex: long-term care ombudsman might, for example, appear in a court case on behalf of a resident.
Malace
Malice—The intentional doing of a wrongful act,
Res ipsa loquitur
“the thing speaks for itself.”
Res judicata
” a thing decided”
Stare decisis
” to stand by that which is decided”
Scope of Employment
The range of employee activities held by the courts to be the legal responsibility of the employer is called the scope of employment.
Risk Managment
risk management is identifying and solving problems before they get out of hand, thus preventing being sued.
Caveat emptor
let the buyer beware… Buy a your own risk
Leverage
amount of long term debt that a company has in relation to its EQUITY
respondent superior
when an employee commits a wrongful act WITHIN the scope of employment BOTH the facility and employee may be held liable
Testate
Someone who has died with leaving a WILL
Intestate
Someone who has died WITOUT leaving a WILL
Durable Power of Attorney
Even if you are mentally incompetent , this power of attorney will continue.
** Ordinary, or “nondurable,” powers of attorney automatically end if the person who makes them loses mental capacity
Living Will
Legal document that specifies a persons PREFERENCE concerning LIFE sustaining treatment
What is Qui Tam?
P.163 NAB
1-Employees and other Private people can sue for in-behalf of the Federal Government for fraud.
2-10-25% of the money that won in a successful suit.
Subpoena duces tecum
A writ ordering a person to attend court and bring relevant documents.
