Medical Law & Ethics Chapter 2

Administrative Law Law that covers regulations by government agencies Assault Imminent apprehension of bodily harm Battery Bodily harm and unlawful touching Beyond a reasonable doubt Evidence that a person committed a crime Breach Failing to perform a legal duty Breach of contract Failure to perform a contractual duty Case law Based on previous decisions made by judges (common/case law) Checks and balances No one branch of government would have more power than another Civil Law Relationships between individuals Class action lawsuits Lawsuit filed by one or more persons who are affected by the same situation Closing Argument Closing speech Common Law Based on decisions made by judges (common/case law) Competent Making a decision without mental confusion due to drugs, etc. Consideration Something of value given as a part of the agreement Constitutional Law Invisible rights, privileges Contract law Division of law that includes enforceable promises and agreements between two or more persons Criminal case Court action brought by the government against a person or groups Criminal Laws Set up to protect the public from harmful acts of others Defamation of character Includes libel or slander Defendant Person or group sued civilly or criminally Deposition Oral testimony used in a lawsuit Discovery The legal process by which facts are discovered before a trial Embezzlement a form of fraud, Illegal appropriation of property or money Expert witness (expert) person who gives testimony about a subject Expressed contract An agreement entered in writing False imprisonment A violation of the personal liberty of the another person ~unlawful restraint Felony A serious crime that carries a punishment of death Fraudulent Deceitful Implied contract An agreement made through signs or silence Indictment Written charge presented to the court by a grand jury Intentional torts When a person has been intentionally injured by another Unintentional torts when a patient is injured unintentionally. Such as negligence, i.e. healthcare professional not exercising ordinary standard of care. Invasion of privacy Unauthorized publicity of information about a person Jurisdiction The power to hear a case Libel Publication in print, writing, pictures that injures the reputation of another Litigation Dispute that has resulted in one party suing another Misdemeanors Less serious offenses than felonies Municipal Ordinances A law, statute, or regulation enacted by a Municipal court system. An ordinance is a law passed by a municipal government. A municipality is :a city, town, village, or borough. Negligence Failure or omission to perform professional duties to an accepted standard of care Plaintiff Person who instigates the lawsuits Pleadings Formal written statements Preponderance of evidence Evidence showing that more likely than not the incident occurred Prosecuter A person who brings a criminal lawsuit on behalf of the government Regulations Rules or laws made by agencies Slander Speaking false and malicious words concerning another Subpoena Court order for person to appear in court Statues Laws enacted by state and federal legislatures Summary judgement Judges ruling to end a lawsuit without a trial based Tort Civil injury or wrongful act (intentional) that is committed against another person or property. Waive Give up a right The purpose of the Constitution is to Set up the government, defines the governments power act and sets limitations on the governments power Congress is the _______ branch of the government Legislature Precedent The ruling in an early case that is then applied to subsequent case when the facts are the same Common law is established from A court decision Which of the following best defines an expressed contract Agreement is shown in orally or clearly stated The federal court system has jurisdiction Dispute relates to a federal law or US Constitution, the government parties within the dispute, cases involves over $75,000, citizen from another country, an occurrence in international waters Which of the following is the lowest to the highest of the state courts Municipal, circuit, Supreme Sources of Law are: regulatory law, statutory law, common law, constitutional law. Difference between civil law and criminal law: Civil law concerns relationships either between individuals or between individuals and the government. It involves all the law that is not criminal law Criminal laws are made to protect the public as a whole from the harmful acts of others. List six intentional torts and give examples of each. assault, battery, false imprisonment, defamation of character, fraud, invasion of privacy.