Ch 1 - The US Legal System Flashcards
Administrative law
Establishes laws between citizens and government agencies and provides certain power to the agencies to enforce these laws and regulations.
Admissions of fact
Discovery technique that asks the opposing party (in writing) to admit or deny any material fact or the authenticity of documents to be introduced into evidence at trial.
Appellate court
A court that hears appeals from lower court decisions; sometimes called court of appeals.
Assault
A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact.
Battery
Bodily harm or unlawful touching of another. In the medical field, treating the patient without consent is considered battery.
Civil lawsuit
A noncriminal lawsuit for damages, usually based in tort, contract, labor, or privacy issues.
Common law
Law of precedents built on a case-by-case basis and established by citing interpretation of existing laws by judges in previous suits. Also known as “judge made law.”
Criminal law
State or federal government law covering violations of a written criminal code or statute.
Defendant
Person or entity sued.
Discovery
Process of gathering information in preparation for trial.
Executive branch
President of the United States or the governor of an individual state. Can propose laws, veto laws proposed by the legislature, enforce laws, and establish agencies.
Federal court
Court having jurisdiction over cases in which the U.S. Constitution and federal statutes apply; these can be federal district courts (trial courts), district courts of appeals, or the U.S. Supreme Court.
Felony
Serious crime punishable by relatively large fines and/or imprisonment for more than 1 year and, in extreme cases, death.
In personam jurisdiction
A court’s power to adjudicate cases filed against a specific individual, as opposed to in rem jurisdiction, which concerns property disputes.
In rem jurisdiction
A term that delineates the court’s jurisdiction over property or things, including marriage, rather than over persons.
Interrogatory
Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.
Judicial branch
Federal constitutional court system; one of the three parts of the US federal government; interprets legislation and determines its constitutionality and applies it to specific cases. May overrule cases presented on appeal from lower courts.
Jurisdiction
Authority given by law to a court to try cases and rule on legal matters within a geographical area and/or over certain types of legal cases.
Law
The foundation of statutes, rules, and regulations that governs people, relationships, behaviors, and interactions with the state, society, and federal government.
Legislative branch
The U.S. House of Representatives and Senate and any similar state legislature that develops statutory law.
Malpractice
The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; it results in harm.
Medical ethics
Principles based on the medical profession that determine moral behavior.
Medical law
Laws that are prescribed to pertain specifically to the medical field.
Misdemeanor
Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year.
