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MA 150 > Chapter 3 - Legal Principles > Flashcards

Chapter 3 - Legal Principles Flashcards

1
Q

Sources of Law

A

Law is a custom or practice of a community. Gives order to our lives.

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2
Q

Balance of power include?

A

Federal Govt. and State Govt.

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3
Q

3 branches of Govt.

A

Legislative, Executive, Judicial

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4
Q

Government Federal -Legislative

A

Known as Congress, = senate and house of Rep
, elected by voters of state
Roles Include: Introduces new federal laws, declares war, can override the presidents veto

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5
Q

Government Federal- Executive

A

President of the U.S.
Roles Include: Issue executuve orders that become law w/out approval of congress, creates a budget, approves & passes bills from congress or vetoes new laws

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6
Q

Government Federal - Judicial

A

Supreme Court
Roles Include: Interprets laws according to the US Constitution, determines if laws from congress & executive actions are constitutional

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7
Q

State Government - Legislative

A

almost each state has 2 houses, official are elected
Roles Include: Introduces legislation to be new state laws

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8
Q

State Government - Executive

A

elected governor
Roles Include: issues executive orders, approves & passes bills from state houses or vetoes new laws

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9
Q

State Government - Judicial

A

state supreme court
Roles Include: interprets laws according to state constitution, hears cases from lower courts, determines if state laws are constitutional

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10
Q

What are the four types of laws?

A

Constitutional Law, Case Law, Regulatory & Administrative Law, Statutory Law

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11
Q

Case Law

A

derived from precedents & common law
ex. right to have an attorney, if they can’t afford one

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12
Q

Constitutional Law

A

Derived from federal & state governments
ex. prohibition of slavery, power to tax

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12
Q

Statutory Law

A

Refers to laws enacted by state & federal legislatures
ex. speed limits

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12
Q

Substantive Law

A

Laws that determine rights & obligations of people derived from common law & states

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12
Q

Regulatory & Administrative Law

A

Concerns procedures, regulations, & rules of federal, state, & local governmental administrative agencies
ex. Social security administration, licensing agencies

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13
Q

Procedural Law

A

Laws that all parties must follow when investigating & prosecuting unlawful acts

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14
Q

Criminal Law

A

Statues that define actions or omissions that threaten and/or harm public safety & welfare
Punishable as offenses

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15
Q

Misdemeanor

A

Lesser criminal offense (punishable by big fine or JAIL time less than a year)

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16
Q

Felony

A

serious criminal offense & is classified by degree (punishably by big fine & PRISON time more than a year)

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17
Q

Civil Law

A

protect & define private rights

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18
Q

Branches of Civil Law

A

Tort Law, Contract Law, Property Law, Family Law

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19
Q

Tort Law

A

one person, or govt., or business does a wrong doing to an individual that causes injury or property damage

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20
Q

Contract Law

A

agreements btwn. 2 or more individuals or parties

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21
Q

Property Law

A

applies to personal property & real property

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22
Q

Family Law

A

Applies to marriage, divorce, annulment, child custody, & support, birth, adoption

23
Q

Intentional Tort Includes

A

assault, battery, false imprisonment, fraud, defamation, invasion of privacy

24
Q

Negligent Tort

A

Malfeasance, Misfeasance, Nonfeasance, Malpractice, Standard of Care

25
Q

Malfeasance

A

performance of an unlawful, wrong act

26
Q

Misfeasance

A

improper performance of a lawful act

27
Q

Nonfeasance

A

failure to act when one had a legal duty to act

28
Q

Malpractice

A

type of negligence that applies to professionals

29
Q

Standard of Care

A

level & type of care an ordinary, prudent healthcare professional, having the same training & experience in a similar practice, would have provided under a similar situation

30
Q

Denial Defense

A

used when none of the facts are true

31
Q

Technical Defenses

A

look for ways to have the cases dismissed based on a legal technicality

32
Q

Statue of Limitations

A

length of time legal action can be taken after an event has occured

33
Q

Good Samaritan Laws

A

Vary in each state, person must provide care in true emergency, & “in good faith”

34
Q

Release of Tortfeasor

A

signed a release & received monetary compensation

35
Q

Res Judicata

A

If case is decided by court, can’t bring a similar suit against defendant again

36
Q

Affirmative Defenses

A

Means the defendant admits to wrong doing, but their attorney introduces facts that support conduct

37
Q

Contributory Negligence

A

plaintiff’s actions or lack of actions caused the injury

38
Q

Comparative Negligence

A

plaintiff’s actions or lack of actions caused the injury to a certain percentage

39
Q

Assumption of Risk

A

defendant can show evidence that the plaintiff had actual, subjective knowledge of the risks involved, & the plaintiff consented to proceed w/ the activity

40
Q

Limited or No Harm

A

defendant claims the plaintiff suffered no or little harm, much less that what the plaintiff claims

41
Q

Intervening Cause

A

defendant acknowledges the plaintiff suffered injuries due to defendant’s negligence, but the injury was made worse by the plaintiff’s actions following the situation

42
Q

4 elements to prove medical negligence

A

Duty of Care, Dereliction, Damages, Direct Cause

43
Q

Duty of Care

A

Healthcare professional has a legal obligation to the patient

44
Q

Dereliction

A

Healthcare professional breaches the duty of care to the patient

45
Q

Damages

A

The patient suffers a legally recognized injury

46
Q

Direct Cause

A

the breach of duty of care (negligent act or lack of action) directly causes the patient’s injury

47
Q

Types of damages

A

Punitive, Nominal, compensatory, general, special

48
Q

Punitive Damage

A

A very large payment meant to punish the defendant

49
Q

Nominal Damage

A

A very small settlement bc the plaintiff’s injury was slight

50
Q

Compensatory Damage

A

A settlement for loses suffered

51
Q

General Damage

A

A settlement for emotional pain & anguish, loss of future earning power, & so on.

52
Q

Special Damage

A

A settlement for a specific dollar amount that directly relates to medical bills

53
Q

Liability Insurance

A

provides protection from claims of injuries or damage to people or property

54
Q

First party

A

person or company purchasing insurance policy

55
Q

Second Party

A

Insurance company

56
Q

Professional Liability Insurance

A

Type of insurance that protects professionals against liability suits due to errors & omissions while performing their professional services

57
Q

Medical Malpractice Insurance

A

protects healthcare professionals, from liability related to wrongful practices resulting in injury, expense, & property damages

58
Q

General Liability or Commercial Insurance

A

purchases by companies, protects business from lawsuits for property loss & bodily injury from nonemployess

59
Q

Personal Injury Insurance

A

protects against claims related to harm other than bodily injury

MA 150 (1 decks)

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