Ch. 2 The Legal System Flashcards
Federal system
- Power divided between federal and state government
- Individual states may implement state laws but administer federal law the same
Check and balances is designed..
so no one single branch can control the entire government
What are the branches of government?
- Legislative
- Executive
- Judicial
The US constitution..
- Sets up the government
- Defines the power of gov. to act/Sets limits on the gov. power
The legislative branch
- Lawmaking
- Senate and house of representatives
The Executive branch
- President, Cabinet, Advisors
- Enforces the law
The Judicial branch
- Judges and federal courts
- Interprets the law
What are the sources of law?
- Constitutional law
- Statutory and regulatory law
- Common or case law
What are the classifications of law?
- Public Law
- Criminal, administrative, constitutional, international
- Civil (private) law
- Tort, contract, medical malpractice
- Others: property, inheritance, family, corporate
Constitutional Law
- Addresses relationship between individuals and their government
Statutory (Statues) and regulatory law
- Passed by legislative bodies, either congress or state legislature
Common or case law
- Established from court decisions
- Based on precedent cases
- Still influence today’s health care professionals
Civil (private) law
- Concerns relationships between individuals or businesses, and government
- Awards monetary damages
- Includes tort law and contract law
Tort law
- Civil injury, wrongful act
- Can be intentional or unintentional
Intentional torts
- Assault
- Battery
- False imprisonment
- Defamation of character
- Slander
- Libel - Fraud
- Invasion of privacy
Unintentional Torts
- Negligence
- Malpractice
Assault
Threat of bodily harm
Battery
Actual bodily harm
False imprisonment
Violation of one’s liberty
Defamation of character
- Slander (Oral defamation)
- Libel (In print defamation)
Fraud
Embezzlement, deceitful practice
Invasion of privacy
Break in confidentiality
Negligence
An unintentional action that occurs when a person performs or fails to perform an actions
Malpractice
Misconduct of demonstration of an unreasonable lack of skill
Class Action Lawsuit
- Filed by one or more people on behalf of a larger group
- The members of the group are all affected by the same situation
Public/Criminal Law
- Protects public from harmful acts of others
- Penalties are fine and/or imprisonment
- May be a felony or misdemeanor carries a fine or jail for 1 year
Administrative Law regulations set by government agencies include
- Licensing and supervision of prescribing controlled substances
- Health department regulations
- Regulations against fraud
- Internal revenue service regulations that are health-care related
Deposition
- oral testimony to be used in court
Plaintiff
- person who sues another party
Defendant
- person who is being sued
Subpoena duces tecum means
“under penalty , take with you”
Stare decisis mean
“let the decision stand”
Contract Law
Addresses breach or neglect of legally binding agreement between two parties
Contract
- Voluntary agreement between two parties with intent of benefiting each other
- Something of value (consideration) is part of agreement
- Both parties must be competent
Types of Contracts
- Expressed contract — Agreement entered into orally or in writing; all components of contract must be clearly stated
- Implied contract — Agreement shown through interference by signs, inaction, or silence
Expressed contract —
Agreement entered into orally or in writing; all components of contract must be clearly stated
Implied contract —
Agreement shown through interference by signs, inaction, or silence
Abandonment —
Withdrawing medical care from a patient w/o providing sufficient notice (in writing)
Breach of Contract —
Either party fails to comply with terms of the agreement
Grand jury consist of..
12-23 private citizens
Grand jury consist of private citizens whose
Votes whether to move indictment to trial court
Litigation —
May result when two parties are unable to solve a dispute by themselves
Settling out of court —
Occurs when attourneys for both sides work out a settlement
Waive —
Both parties (defendant and plaintiff) give up their right to a jury trial
Trial —
Begins with opening statements made by attourneys for each side of the case
Closing agreement —
Attourneys for the plaintiff and defendant make closing speeches or summaries of their case
Appeal —
Plaintiff or defendant may ask (appeal) a higher court to review the decision
Discovery —
Process by which facts are discovered
Deposition —
Oral testimony before an officer of the court
Civil case —
Court looks at “preponderance of evidence”
Criminal case —
Needs proof “beyond a reasonable doubt”
Expert Witness
- Testifies to what standard of care is
- Clarifies points of knowledge not readily understood by the jury or the judge
When testifying in court..
- Tell the truth
- Be professional
- Remain calm
- Do not answer a question you dont understand
- Present only facts
- Do not memorize testimony
- Except to include your opinion
