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MED LAW > CHAPTER 3 FROM CONSTITUTION TO THE COURTROOM > Flashcards

CHAPTER 3 FROM CONSTITUTION TO THE COURTROOM Flashcards

Differentiate betw. fed. & state law, betw. origins & statutory, what makes ups the federalist gov., identify steps necessary for passage of fed. & state legislation. Distinguish betw. appellate paths of fed. judicial system & state judicial system

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1
Q

Constitution determines if state or federal law is applicable & enforcable.

A

The legal system dictates how disputes are resolved in courts. Once a dispute exists the process of predictable but not always enjoyable. Testifying as a witness in a lawsuit can give you knots in your stomach. Sleepless nites. Knowledge is the best antidote

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2
Q

Constitution is comprised of?

A

Preamble, The Articles & The Amendments

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3
Q

The Articles

A

Describe how the new nation would function :federalism” system of governt tat in the U/S recognizes2 concurrent gov. structures

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4
Q

2 Concurrent government structures

A

The federal and state government. Where each has specific powers.

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5
Q

The Amendments

A

“The Bill of Rights” Define issues of social liberty & justice afforded to the U.S citizens.

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6
Q

The Constitution

A
  1. Supremacy Clause
  2. Enumerated Powers
  3. The Interstate Commerce Clause
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7
Q

Supremacy Clause

A

Supreme law of the land.

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8
Q

Enumerated Powers

A

Federal government’s powers

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9
Q

The Interstate Commerce Clause

A

Act of commerce involves more than one state
“Article 1 Sec 8 Clause 18” is freq. used together with The Interstate Commerce Clause to further justifiy congress authority to make certain laws.

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10
Q

Three Branches of Government

A
  1. Executive Branch
  2. Congress
  3. The Judiciary
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11
Q

Executive Branch (President)

A

Responsible for carrying out & executing laws made by the congress. Appoints the Cabinet Members, who are then confirmed by the Senate.

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12
Q

Congress (435 Representitives, 100 Senators)

A

Who passes legislation (statutory law or statutes)
Express powers include the power to tax and to spend those taxes for the citizens welfare, borrow money, to create money, to declare war; to regulate immigration among many others.

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13
Q

The Judiciary

A
  • To interrupt whether laws are constitutional.
  • Reviews laws passed by congress & president to ensure constitutional.
  • Determine whether lawsuit belongs in the Fed. court or State court.
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14
Q

3 Levels of Courts

A
  1. The Trial Court “District Court”
  2. The Mid-Level Appellate Court “Circuit Court”
  3. The Highest Level Appellate Court “The Supreme Court”
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15
Q

Cabinet Members

A
  • Vice President
  • Head of 15 agencies (Dept. of State, Dept. of Treasury, Dept. of Vets, Dept. of Homelands, Dept. of Transportation, Dept. of Agriculture…)
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16
Q

Admininstrative Law

  • Rule making
  • Adjudication
  • Prosecution
  • Advising
  • Supervision
  • Investigation
A

Governs the activities of Admin. agencies of Gov. both Fed. & State Gov. have admin laws which enables the federal gov. to exercise its authority & enforce the law…

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17
Q

Common Law

A

Distinguished from statutory law in that it is made up of a body of principles and rules that are common to entire population.

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18
Q

Stare Decisis

A

Let the decision stand.

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19
Q

Criminal Law

  • State or Federal government is plaintiff
  • Person charged with crime is defendant
A

System of law concerned with crime against the state or someone who has been proven guilty of such offense

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20
Q

Civil Law

-Typically plaintiffs and defendants are private citizens or companies

A

System of law concerned w/lawsuits between individual or the state where the case does not relate to the violation of criminal statute.

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21
Q

Crime

A

The performance of an act forbidden by law or the omission of an act required by law.
Crimes are divided into felonies & misdemeanors

22
Q

Felony

A

A crime more serious than a misdemeanor & punishable by imprisonment for more than a year or death

23
Q

Misdemeanor

A

An offense less serious that a felony and which maybe punished by a fine or sentence to local prison for less than a year.

24
Q

Assault

A

attempt to threat or inflict bodily injury on another person w/apparent ability to do so.

25
Q

Battery

A

Illegal touching of another person

26
Q

Reformation

A

The rehab of a criminal changed behavior

27
Q

Restraint

A

Restriction of liberty

28
Q

Retribution

A

Something given or demanded in payment or as punishment for criminal wrong doings

29
Q

Deterrence

A

punishment used to discourage crime

30
Q

Standard of proof

A

level of proof required which establish by considering evidence

31
Q

Preponderance of the evidence

A

The greater weight of the evidnece that is more likely than not

32
Q

Beyond a reasonable doubt

A

Evidence so strong & credible that it leaves no more than a remote possibility tat there is another explanation for what happened

33
Q

Tort

A

A private wrong or injury, other than breach of contract for which the court will provide a remedy

34
Q

Liability

A

is based on intentional acts, negligent acts and strict liabilty

35
Q

Negligent act

A

failure to take reasonable precautions to protect others from the risk of harm.

36
Q

Strict liabilty

A

responsible of a seller or manufacturer for any detective products unduly threatening personal safety.

37
Q

Intentional torts

A

Maybe actions toward property or a person

38
Q

The purpose of punishment

A
  • Reformation
  • Restraint
  • Deterrence
39
Q

Arbitration

A

a hearing between 2 or more parties who disagree on an issue but agree to abide by the decision of an impartial 3rd person

40
Q

Mediation

A

A neutral party meets with the plaintiff and defendant with the intent of persuading them to settle their dispute.

41
Q

If called as a witness at a trial in a court room

A
  • Pay attention (the way you behave is observed at all times)
  • Behave in a professional manner (do not chew gum, tap your fingers or twirl your hair)
  • Answer the questions & only the question (Do not offer info that is not required or asked)
  • Cooperate with your attorney (If your attorney objects a question do not answer)
  • Honesty
42
Q

Judgement

A

a courts decision regarding the rights and obligations of the parties

43
Q

Medical malpractice phase 1

“is the time period when the alleged negligence occurs”

A
  • pt becomes aware of injury or that something is not quite right and complains to provider
  • insurance companies require filing of an incident report
  • anger becomes a problem
  • if the physician is unable to smooth over incident, a MA or other member of office staff may be able to dissipate anger and head off litigation
44
Q

Medical malpractice phase 2

“begins when patient seeks advice of an attorney concerning harm allegedly done”

A
  • attorney will attempt to obtain a copy of medical records
  • insurance comp., doctor, and attorney for pt may negotiate a settlement
  • if negotiation break down, pt’s attorney files a complaint
  • End of second phase of lawsuit comes when a pre-trail conference is held
45
Q

Medical malpractice phase 3

“is a means of settling a dispute between 2 parties before a judge or a jury”

A
  • plantiff presents facts
  • witnesses are ordinary people interested in telling their story
  • members of jury listen and make a fair decision
  • bench trails(-) judges serves as both judge and jury
46
Q

Medical malpractice phase 4

“is when either side has right to appeal decision”

A
  • losing party pursues an appeal
  • a decision can be appealed only on matters of law
  • means that legal principles of lower court’s decision are challenged, not facts of case
47
Q

Contingency

A

something that may occur but is dependent on an uncertain future event

48
Q

Deposition

A

a prior statement by a witness to be used in a court as a testimony

49
Q

Interrogators

A

written questions about a case addressed to 1 party by another

50
Q

Motions

A

The applicable to a court or judge for a ruling in favor of the one applying

51
Q

Cert denied

A

when the supreme court refuses to hear a case on appeal

52
Q

Written of certiorari

A

an order used by the U.S supreme court to indicate the cases it wishes to hear

MED LAW (3 decks)

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