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132 Cards in this Set
- Front
- Back
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What do private laws deal with?
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deals with relationships among individuals
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What is public law?
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what society deems to be valid public goals
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Is criminal law public or private?
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public
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What is a tort?
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civil wrong committed by one individual against another, can be intentional or unintentional, breech of contract, court decision to resolve
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What is a tort-feasor
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person who committs a tort
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What is the value of the Supreme court?
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part of the judicial branch of government, it is the nation's highest court
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How was the Supreme court formed?
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directly from the constitution
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How many associate justices are there?
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8
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How many Chief Justices are there?
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1
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If a law has been passed what test more than likely passed?
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it has probably passed the test of the Supreme Court
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What are the three branches of government?
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Judicial, Excutive and Legislative
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What is the function of the Legislative branch?
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to enact laws that may amend or repeal or ammend existing legislation and to create new legislation. Determines need for new laws.
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How many committee are there in the House?
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19
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How many committees are there in the Senate?
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16
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All state legislatures are-----------except for Nebraska.
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bicameral
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What is the primary function of the Executive branch?
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to administer and enforce law
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Who holds the executive power?
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the president
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The cabinet is composed of how many executive departments of which DHHS is a part of.
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15
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The Department of Health and Human services is a part of which branch of government?
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The Executive Branch
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What does CMS stand for?
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Centers for Medicare and Medicaid
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Medicare part A covers what?
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inpatient hospital care and skilled nursing facility care.
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What does Medicare part B cover?
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physician's services, outpatient hospital services
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What are the 3 "buckets" of Law?
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Legislative, Administrative, Judicial decisions
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State law has the same structure in Fl as Federal government. True or False?
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True
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Where does stautory emanate from?
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from legislative bodies
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Can a statue abolish any rule of common law?
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yes
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What is the highest level of enacted law?
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the constitution
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Can satutory law be amended, repealed or expanded by the legislature?
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yes
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What does the legislative branch do in regards to law?
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enacts,amends and/or repeals law
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What does the executive branch do in regards to law?
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administers and enforces the law
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What does the judicial branch do in regards to law?
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resolves disputes in accorcance with the law
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What are the responsibilities of the Department of Health and Human Services?
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implements administrative regulations for carrying out national health and human services policy objectives
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What is Administrative law responsible for?
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it is public law issued by administrative agencies to administer the enacted laws of the federal and state governments. It controls the administrative operations of the government
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Statutory legislative statues and legilative action and judicial decisions come from adminsitration agencies like--
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CMS and FDA
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What is the definition of common law?
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Body of principles that has evolved and continues to evolve and expand from judicial or court decisions that arise during the trial of court cases. Many of the legal principles and rules applied by courts in the US had their origins in English Common law.
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What are the 4 elements of negligence?
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1. duty of care
2. breech of duty 3. injury must exist 4. causation or direct cause of breech of duty of injury |
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Failure to conform is what type of negligence?
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breech of duty
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What is the difference between crime and tort?
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crime=any social harm defined and made punishable by law
tort-a civil wrong, other than a breech of contract committed against a person or propertgy for which the court provides remedy. |
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tort is a ----------wrong
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civil
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Define Malfeasance
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performance of an unlawful or improper act(abortion)
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Define Misfeasance:
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improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated) |
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Define Nonfeasance:
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failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
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Description of a conduct of a person is called:
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standard of care
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An intentional tort that involves slander, verbal or written is known as :
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Defamation of chracter
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Define Misfeasance:
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improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated) |
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Under common law there can be no written law and it is not under statue
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true
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Define Nonfeasance:
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failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
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What are the 3 types of common law?
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1. precedent
2. res judicata 3. stare decisis |
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Define precedent:
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a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
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Description of a conduct of a person is called:
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standard of care
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Define Misfeasance:
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improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated) |
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Define res judicata
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"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
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An intentional tort that involves slander, verbal or written is known as :
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Defamation of chracter
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Define stare decisis:
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"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
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Define Nonfeasance:
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failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
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Is a negative outcome always considered negligence?
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no
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Define Misfeasance:
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improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated) |
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Under common law there can be no written law and it is not under statue
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true
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What are the 3 types of common law?
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1. precedent
2. res judicata 3. stare decisis |
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Description of a conduct of a person is called:
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standard of care
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Define Nonfeasance:
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failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
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Define precedent:
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a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
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Define res judicata
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"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
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Description of a conduct of a person is called:
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standard of care
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Define stare decisis:
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"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
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An intentional tort that involves slander, verbal or written is known as :
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Defamation of chracter
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Is a negative outcome always considered negligence?
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no
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An intentional tort that involves slander, verbal or written is known as :
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Defamation of chracter
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Under common law there can be no written law and it is not under statue
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true
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Under common law there can be no written law and it is not under statue
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true
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What are the 3 types of common law?
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1. precedent
2. res judicata 3. stare decisis |
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What are the 3 types of common law?
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1. precedent
2. res judicata 3. stare decisis |
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Define precedent:
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a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
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Define precedent:
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a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
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Define res judicata
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"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
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Define stare decisis:
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"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
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Define res judicata
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"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
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Is a negative outcome always considered negligence?
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no
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Define stare decisis:
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"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
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Is a negative outcome always considered negligence?
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no
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Define Misfeasance:
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improper performance of an act resulting in injury to another (wrong-sided surgery)
("mis" treated) |
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Define Nonfeasance:
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failure to act when there is a duty to act as a reasonably prudent person (failing to order diagnostic tests, "non"-non active)
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Description of a conduct of a person is called:
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standard of care
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An intentional tort that involves slander, verbal or written is known as :
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Defamation of chracter
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Under common law there can be no written law and it is not under statue
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true
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duplicate card
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1. precedent
2. res judicata 3. stare decisis |
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Define precedent:
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a judicial decision that may be used as a standard in subsequent similar cases, court decision serves as a rule for future guidance when deciding similar cases (RULE FOR THE FUTURE)
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Define res judicata
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"the thing is decided" what has been previousl acted upon by the courts (PREVIOUS ACT)
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Define stare decisis:
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"let the decision stand" when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving and identical situation is to be resolved in teh same manner as the first lawsuit. (PREVIOUS DECISION)
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Is a negative outcome always considered negligence?
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no
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Any social harm = a
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crime
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A physician assistant injects a lethal injection in to a patient this would be considered a
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crime
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What is duty to care?
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legal obligation of care, performance or observance imposed on one to safeguard the rights of others
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What is a breech of duty?
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failure to conform or depart from a required duty of care owed to a person
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What is a pleading?
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written statement of fact and law filed with a court by the parties of a lawsuit
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What is the first pleading called?
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a complaint
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What is a pleading filed by a defendant challenging the legal sufficiency of a complaint? A formal objection
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a demurer
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What is a pleading which admits or denies the specific allegations set forth in a complaint and constitutes the appearance of the defendant?
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an answer
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What is a request for a written itemiqation of the claims which a defendant can demand from the plaintiff to determine the details of a claim?
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a bill of particulars
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What is the process of investigating teh facts of a case before trial?
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discovery
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Does discovery have to be made available to the other party?
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yes
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What is a legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body?
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a subpoena
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Party who brings a civil suit seeking damages of other legal relief is a
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plantiff
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In a criminal case the person accused of comitting a crime and in a civil suit the party against whom the suit is brought, demanding that he or she pay the other party legal relief
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defendant
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Members are summoned to court and are the ones who make a determination of the facts that occurred evaluating the evidence is the-
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jury
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In a civil suit the burden of proof lies with--
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the plantiff
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In a criminal case the burden of proof lies with--
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the prosecution
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The person is -------- ------- when that person does not exercise reasonable care for his or her own safety. Person is aware of the possibility of danger and disregards the danger or warnings-
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contributory negligent
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When each party is determined to be responsible for his or her proportional share of damages awarded this is called ------------ negligence
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comparitive
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Ignorance of the law is -----a defense.It is not an excuse
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not
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A legislatively imposed time constraint that restricts the period of time after the occurence of an injury which a legal action must be commenced is called-
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statue of limitations
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What is the usual length of time for a statue of limitations?
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7 years
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Voluntary exposure to such risks as radiation treatments and chemotherapy treatments is called-
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assumption of risk
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Defenses(7) against recovery may include:page 124-chapter summary
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assumption of risk, borrowed servant doctrine, comparative negligence, contributory negligence, Good Samaritan laws, intervening cause, statue of limitations
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Facts proved or disproved during a lawsuit is called-
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evidence
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Proof offered through direct testimony is called-------evidence
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direct evidence
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Proof furnished by things is called-------evidence
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demonstrative(real) evidence
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Written information capable fo making a truthful statement like drug manufacturer inserts, autopsy reports, bith certificates and medical records are known as --------evidence
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documentary
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Evidence that is based on what another has said or done and is not the result of the personal knowledge of the wittness is called
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hearsay
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Who decides if evidence is admissable?
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the judge
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An xray machine is known as --------evidence.
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documentary
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a common law doctrine that encourages health care professionals to render assistance at the scene of emergencies is called the-
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Good Samaritam statue
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"The thing speaks for itself", shifts the burden of proof from the plaintiff to teh defendant a doctrine of law applicable to cases in which teh defendant had exclusive control over the thing that cause harm and the harm could not have occured wihout negligent conduct is known as
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Res ipsa loquitur
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When a governing body acts beyond its scope of authority this is known as-
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ultra vires act
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Ultimate functioning of a health care corporation rests with the ------- --------
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governing body
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Corporate authority where the power is specifically delegated by statue is known as -------- corporate authority.
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express
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The right to perform any and all acts necessary to exercise conferred authority and to accomplish the pruposes for which it was created is known as ------corporate authority.
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implied
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The -------committee is a working group of the governing body that has delegated authority to act on behalf of the full board.
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executive
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"Let the master respond", is a legal doctrine holding employers liable in certain cases for the wrongful acts of their agents or employees is known as --
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respondeat superior
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Medical assistance provided under the social security act for persons 65 and over is called-
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medicare
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Medical assistance provided of teh social security ast for the medically indigent is known as -
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medicaid
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Policies that address safety zones are known as
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antitrust
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