Chapter 1 - Nguyen Flashcards
Legislative branch
The U.S. House of Representatives and Senate and any similar state legislature that develops statutory law
Executive branch
President of the U.S. or the governor of an individual state. Can:
- propose laws
- veto laws proposed by the legislature
- enforce laws
- establish agencies
Administrative law
Establishes laws between citizens and government agencies and provides certain power to these agencies to enforce these laws and regulations
Statutes
Written laws enacted by the state or federal legislative branch
Judicial branch
- Federal constitutional court system
- One of the three parts of the U.S. federal government
- Interprets legislation and determines its constitutionality and applies it to specific cases
- May overrule cases presented on appeal from lower courts
Common law/case 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.”
Stare decisis
Latin: “to stand by the things decided”
- to adhere to a decided case
- condition in which, once a court rules, that decision becomes law for other cases
- also known as precedent
Law
The foundation of statutes, rules and regulations that governs people, relationships, behaviors and interactions with the state, society and federal government
Medical law
Laws that are prescribed to pertain specifically to the medical field
Dictates both the responsibilities of the healthcare provider and the rights of the patient
Medical ethics
Principles based on the medical profession that determine moral behavior
Criminal law
State or federal government law covering violations of a written criminal code or statute
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
Felony
Serious crime punishable by relatively large fines and/or imprisonment for more than 1 year and, in extreme cases, death
(For healthcare professionals, license may be revoked)
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
*If the victim has not actually been physically harmed or touched, but only threatened or an attempt was made to harm, the crime is an assault
Battery
Bodily harm or unlawful touching of another
*In the medical field, treating the patient without consent is considered battery