ADDITIONAL Flashcards

1
Q

was what people believed to be right and good

A

morality

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2
Q

critical reflection about morality and the rational analysis of it ○ Generic term for the study of how we make judgments in regard to right and wrong

A

ethics

Joseph Fletcher

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3
Q

Proposed an ideal state ruled by a wise philosopher king.–
“rule of law, not of men” each man is to be judged equally under the law

A

Plato

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4
Q

Basic sources of modern law

A

common law
statutory law
administrative law

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5
Q

arises from legislative bodies

A

statutory law

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6
Q

flows from the rules and regulations and decisions of administrative agencies

A

administrative law

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7
Q

Basic Fundamental Principles of Law

A

Concern for Justice and Fairness
Plasticity and change
Doctrine of Individual Rights and responsibilities

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8
Q

A person who brings an action in a court of law

A

plaintiff

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9
Q

A person against whom an action is brought

A

defendant

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10
Q

legally sufficient to establish a case

A

prima facie

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11
Q

called in Federal Court

called in State Court

A

complaint

petition

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12
Q

Longestpart of the lawsuit
-Fact-findingphase

A

discovery

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13
Q

3 Major Elements of Discovery

A

Interrogatories
Document Request
Deposition

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14
Q

involves a neutral third party that both sides have agreed will have the power to decide the outcome and render a binding decision

A

arbitration

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15
Q

defined as general goodwill or love for humanity.

A

agape

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16
Q

2 Basic Types of Private Law

A

Torts
Contract

17
Q

most common civil claim in medical law
-is a private or civil wrong or injury other than breach of contract
- Remedy is in the form for damages

A

torts

18
Q

-unintentional commission or omission of an act that a reasonably prudent person would or would not do under the same or similar circumstances
-Happens in no intent
-Outcome is unexpected, but injury occurs

A

Negligence

19
Q

Carelessness or negligence of a professional health provider

A

Malpractice

20
Q

4 D of Negligence Case

A

Duty
Deviation from duty
direct cause
damage

21
Q

7 Goals of ethical principle

A

Autonomy
Veracity
Confidentiality
Beneficence
Nonmaleficence
Justice
Role Fidelity

22
Q

3 Basic Elements of Autonomy

A

Ability to decide
Power to Act on your decisions
Respect for the individual autonomy of others

23
Q

One ought not to inflict evil or harm

A

nonmaleficence

24
Q
  1. One ought to prevent evil or harm
  2. One ought to remove evil or harm
  3. One ought to do or promote good
A

Beneficence

25
Q

Kinds of justice

A

General Legal Justice
Particular justice

26
Q

General Legal justice

A

equity and common legal justice

27
Q

particular justice

A

commutative justice and distributive justice

28
Q

human person shows proclivity to will and do something for the good of others in accordance with the moral law of with the prescription of civil law.

A

common legal justice

29
Q

refers to a human person’s wishes and proper actions in consonance with the common good.

A

general legal justice

30
Q

pertains to wishing and doing what is right in relation to another person who is accounted as an individual with an inherent right to his/her own private good.

A

particular legal justice

31
Q

refers to a person’s will to share the goods which belong to a community or to individuals who are part of his/her community.

A

distributive justice

32
Q

communitarianism

A

Daniel Callahan

33
Q

Casuistry

A

Albert Jonsen

34
Q

Kant accords and vests individuals the right for

A

self governance
self direction
self control

35
Q

grossly refers to personal self governance or those that pertain to personal rule of the self by adequate understanding while remaining free from being controlled by others or by one’s own limitations that may prevent one from making choices

A

autonomy