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[CLE 115] Medical law & Ethics > Ch. 2 The Legal System > Flashcards

Ch. 2 The Legal System Flashcards

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1
Q

Federal system

A
  • Power divided between federal and state government
  • Individual states may implement state laws but administer federal law the same
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2
Q

Check and balances is designed..

A

so no one single branch can control the entire government

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3
Q

What are the branches of government?

A
  1. Legislative
  2. Executive
  3. Judicial
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4
Q

The US constitution..

A
  • Sets up the government
  • Defines the power of gov. to act/Sets limits on the gov. power
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5
Q

The legislative branch

A
  • Lawmaking
  • Senate and house of representatives
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6
Q

The Executive branch

A
  • President, Cabinet, Advisors
  • Enforces the law
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7
Q

The Judicial branch

A
  • Judges and federal courts
  • Interprets the law
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8
Q

What are the sources of law?

A
  1. Constitutional law
  2. Statutory and regulatory law
  3. Common or case law
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9
Q

What are the classifications of law?

A
  1. Public Law
    • Criminal, administrative, constitutional, international
  2. Civil (private) law
    • Tort, contract, medical malpractice
    • Others: property, inheritance, family, corporate
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10
Q

Constitutional Law

A
  • Addresses relationship between individuals and their government
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11
Q

Statutory (Statues) and regulatory law

A
  • Passed by legislative bodies, either congress or state legislature
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12
Q

Common or case law

A
  • Established from court decisions
  • Based on precedent cases
  • Still influence today’s health care professionals
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13
Q

Civil (private) law

A
  • Concerns relationships between individuals or businesses, and government
  • Awards monetary damages
  • Includes tort law and contract law
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14
Q

Tort law

A
  • Civil injury, wrongful act
  • Can be intentional or unintentional
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15
Q

Intentional torts

A
  • Assault
  • Battery
  • False imprisonment
  • Defamation of character
    - Slander
    - Libel
  • Fraud
  • Invasion of privacy
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16
Q

Unintentional Torts

A
  • Negligence
  • Malpractice
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17
Q

Assault

A

Threat of bodily harm

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18
Q

Battery

A

Actual bodily harm

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19
Q

False imprisonment

A

Violation of one’s liberty

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20
Q

Defamation of character

A
  • Slander (Oral defamation)
  • Libel (In print defamation)
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21
Q

Fraud

A

Embezzlement, deceitful practice

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22
Q

Invasion of privacy

A

Break in confidentiality

23
Q

Negligence

A

An unintentional action that occurs when a person performs or fails to perform an actions

24
Q

Malpractice

A

Misconduct of demonstration of an unreasonable lack of skill

25
Q

Class Action Lawsuit

A
  • Filed by one or more people on behalf of a larger group
  • The members of the group are all affected by the same situation
26
Q

Public/Criminal Law

A
  • 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
27
Q

Administrative Law regulations set by government agencies include

A
  • Licensing and supervision of prescribing controlled substances
  • Health department regulations
  • Regulations against fraud
  • Internal revenue service regulations that are health-care related
28
Q

Deposition

A
  • oral testimony to be used in court
29
Q

Plaintiff

A
  • person who sues another party
30
Q

Defendant

A
  • person who is being sued
31
Q

Subpoena duces tecum means

A

“under penalty , take with you”

32
Q

Stare decisis mean

A

“let the decision stand”

33
Q

Contract Law

A

Addresses breach or neglect of legally binding agreement between two parties

34
Q

Contract

A
  • Voluntary agreement between two parties with intent of benefiting each other
    • Something of value (consideration) is part of agreement
    • Both parties must be competent
35
Q

Types of Contracts

A
  • 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
36
Q

Expressed contract —

A

Agreement entered into orally or in writing; all components of contract must be clearly stated

37
Q

Implied contract —

A

Agreement shown through interference by signs, inaction, or silence

38
Q

Abandonment —

A

Withdrawing medical care from a patient w/o providing sufficient notice (in writing)

39
Q

Breach of Contract —

A

Either party fails to comply with terms of the agreement

40
Q

Grand jury consist of..

A

12-23 private citizens

41
Q

Grand jury consist of private citizens whose

A

Votes whether to move indictment to trial court

42
Q

Litigation —

A

May result when two parties are unable to solve a dispute by themselves

43
Q

Settling out of court —

A

Occurs when attourneys for both sides work out a settlement

44
Q

Waive —

A

Both parties (defendant and plaintiff) give up their right to a jury trial

45
Q

Trial —

A

Begins with opening statements made by attourneys for each side of the case

46
Q

Closing agreement —

A

Attourneys for the plaintiff and defendant make closing speeches or summaries of their case

47
Q

Appeal —

A

Plaintiff or defendant may ask (appeal) a higher court to review the decision

48
Q

Discovery —

A

Process by which facts are discovered

49
Q

Deposition —

A

Oral testimony before an officer of the court

50
Q

Civil case —

A

Court looks at “preponderance of evidence”

51
Q

Criminal case —

A

Needs proof “beyond a reasonable doubt”

52
Q

Expert Witness

A
  • Testifies to what standard of care is
    • Clarifies points of knowledge not readily understood by the jury or the judge
53
Q

When testifying in court..

A
  • 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

[CLE 115] Medical law & Ethics (12 decks)

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