Ch 1 - The US Legal System

Question 1

Administrative law

Answer 1

Establishes laws between citizens and government agencies and provides certain power to the agencies to enforce these laws and regulations.

Question 2

Admissions of fact

Answer 2

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.

Question 3

Appellate court

Answer 3

A court that hears appeals from lower court decisions; sometimes called court of appeals.

Question 4

Assault

Answer 4

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.

Question 5

Battery

Answer 5

Bodily harm or unlawful touching of another. In the medical field, treating the patient without consent is considered battery.

Question 6

Civil lawsuit

Answer 6

A noncriminal lawsuit for damages, usually based in tort, contract, labor, or privacy issues.

Question 7

Common law

Answer 7

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.”

Question 8

Criminal law

Answer 8

State or federal government law covering violations of a written criminal code or statute.

Question 9

Defendant

Answer 9

Person or entity sued.

Question 10

Discovery

Answer 10

Process of gathering information in preparation for trial.

Question 11

Executive branch

Answer 11

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.

Question 12

Federal court

Answer 12

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.

Question 13

Felony

Answer 13

Serious crime punishable by relatively large fines and/or imprisonment for more than 1 year and, in extreme cases, death.

Question 14

In personam jurisdiction

Answer 14

A court’s power to adjudicate cases filed against a specific individual, as opposed to in rem jurisdiction, which concerns property disputes.

Question 15

In rem jurisdiction

Answer 15

A term that delineates the court’s jurisdiction over property or things, including marriage, rather than over persons.

Question 16

Interrogatory

Answer 16

Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.

Question 17

Judicial branch

Answer 17

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.

Question 18

Jurisdiction

Answer 18

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.

Question 19

Law

Answer 19

The foundation of statutes, rules, and regulations that governs people, relationships, behaviors, and interactions with the state, society, and federal government.

Question 20

Legislative branch

Answer 20

The U.S. House of Representatives and Senate and any similar state legislature that develops statutory law.

Question 21

Malpractice

Answer 21

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.

Question 22

Medical ethics

Answer 22

Principles based on the medical profession that determine moral behavior.

Question 23

Medical law

Answer 23

Laws that are prescribed to pertain specifically to the medical field.

Question 24

Misdemeanor

Answer 24

Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year.

Question 25

Negligence

Answer 25

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances.

Question 26

Plaintiff

Answer 26

The person or entity bringing a suit or claim.

Question 27

Res ipsa loquitur

Answer 27

In Latin: “the thing speaks for itself.” Legal doctrine that there is clear proof that the defendant had the responsibility (duty) to the patient and that the injury would not and could not have occurred without the negligence of the defendant.

Question 28

Standard of care

Answer 28

The average knowledge and expertise that one can expect from a healthcare professional in the same area or field and with the same base of training.

Question 29

Stare decisis

Answer 29

In Latin: “to stand by the things decided” or to adhere to a decided case; condition in which, once a court rules, that decision becomes law for other cases. Also known as precedent.

Question 30

State supreme court

Answer 30

Highest court in any given state in the US court system.

Question 31

Statute

Answer 31

Written laws enacted by the state or federal legislative branch

Question 32

Statute of limitations

Answer 32

Defense against a tort action; requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.

Question 33

Statutory law

Answer 33

Written laws, usually enacted by a legislative body, that include regulatory, administrative, and common laws.

Question 34

Supreme Court of the United States

Answer 34

Highest court in the United States, having ultimate judicial authority within the United States to interpret and decide questions of federal law. It is the head of the judicial branch of the US government.

Question 35

Tort

Answer 35

A wrongful act, not including a breach of contract or trust, that results in injury to another’s person, property, reputation, or the like, and for which the injured party is entitled to compensation.

Question 36

Writ of certiorari

Answer 36

Order a higher court issues to review the decision and proceedings in a lower court and determine whether there were any irregularities.