ADDITIONAL Flashcards
was what people believed to be right and good
morality
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
ethics
Joseph Fletcher
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
Plato
Basic sources of modern law
common law
statutory law
administrative law
arises from legislative bodies
statutory law
flows from the rules and regulations and decisions of administrative agencies
administrative law
Basic Fundamental Principles of Law
Concern for Justice and Fairness
Plasticity and change
Doctrine of Individual Rights and responsibilities
A person who brings an action in a court of law
plaintiff
A person against whom an action is brought
defendant
legally sufficient to establish a case
prima facie
called in Federal Court
called in State Court
complaint
petition
Longestpart of the lawsuit
-Fact-findingphase
discovery
3 Major Elements of Discovery
Interrogatories
Document Request
Deposition
involves a neutral third party that both sides have agreed will have the power to decide the outcome and render a binding decision
arbitration
defined as general goodwill or love for humanity.
agape
2 Basic Types of Private Law
Torts
Contract
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
torts
-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
Negligence
Carelessness or negligence of a professional health provider
Malpractice
4 D of Negligence Case
Duty
Deviation from duty
direct cause
damage
7 Goals of ethical principle
Autonomy
Veracity
Confidentiality
Beneficence
Nonmaleficence
Justice
Role Fidelity
3 Basic Elements of Autonomy
Ability to decide
Power to Act on your decisions
Respect for the individual autonomy of others
One ought not to inflict evil or harm
nonmaleficence
- One ought to prevent evil or harm
- One ought to remove evil or harm
- One ought to do or promote good
Beneficence
Kinds of justice
General Legal Justice
Particular justice
General Legal justice
equity and common legal justice
particular justice
commutative justice and distributive justice
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.
common legal justice
refers to a human person’s wishes and proper actions in consonance with the common good.
general legal justice
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.
particular legal justice
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.
distributive justice
communitarianism
Daniel Callahan
Casuistry
Albert Jonsen
Kant accords and vests individuals the right for
self governance
self direction
self control
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
autonomy
