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Legal Principles Of Health Information > Chapter 4 - Law, The Courts, and Contracts > Flashcards

Chapter 4 - Law, The Courts, and Contracts Flashcards

Terminology

1
Q

Executive order

P. 77

A

A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.

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2
Q

Constitutional law

P. 77

A

Law that derives from federal and state constitutions.

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3
Q

Case law

P. 79

A

Law established through common law and legal precedent.

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4
Q

Common law

P. 79

A

The body of Unwritten Law developed in England, primarily from judicial decisions based on custom and tradition.

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5
Q

Legal precedents

P. 79

A

Decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation.

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6
Q

Statutory law

P. 79

A

Law passed by the US Congress or state legislatures.

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7
Q

Administrative law

P. 79

A

Enabling statutes enacted to define powers and procedures when an agency is created.

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8
Q

Substantive law

P. 81

A

The statutory or written law that defines and regulates legal rights and obligations.

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9
Q

Procedural law

P. 81

A

Slob that defines the rules used to enforce substantive law.

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10
Q

Criminal law

P. 81

A

Law that involves crimes against the state.

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11
Q

Felony

P. 81

A

An offense punishable by death or by imprisonment in a state or federal prison for more than one year.

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12
Q

Misdemeanor

P. 81

A

Crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.

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13
Q

Civil law

P. 82

A

Law that involves wrongful acts against persons.

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14
Q

Tort

P. 82

A

A civil wrong committed against a person or property, excluding breach of contract.

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15
Q

Tortfeasor

P. 83

A

The person guilty of committing a tort.

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16
Q

Negligence

P. 83

A

In unintentional tort alleged when one may have performed or failed to perform an act reasonable person would or would not have done in similar circumstances.

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16
Q

Negligence

P. 83

A

In unintentional tort alleged when one may have performed or failed to perform an act reasonable person would or would not have done in similar circumstances.

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17
Q

Jurisdiction

P. 86

A

The power of a court to hear and decide a case before it.

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18
Q

Plaintiff

P. 86

A

The person bringing charges in a lawsuit.

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19
Q

Prosecution

P. 86

A

The government as plaintiff in a criminal case.

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20
Q

Defendant

P. 86

A

The person or party against whom criminal or civil charges are brought in a lawsuit.

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21
Q

Contract

P. 87

A

A voluntary agreement between two parties in which specific promises are made for a consideration.

22
Q

Void

P. 88

A

Without legal force or effect.

23
Q

Breach of contract

P. 88

A

Failure of either party to comply with the terms of a legally valid contract.

24
Q

Minor

P. 88

A

Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions.

25
Q

Statute of frauds

P. 89

A

State legislation governing written contracts.

26
Q

Intentional torts

P. 82 - 83

A
  • assault
  • battery
  • defamation of character
  • false imprisonment
  • fraud
  • invasion of privacy
27
Q

Players in the court scene

P. 86

A
  • plaintiff
  • prosecution
  • defendant
  • officers of court
  • judges
  • attorneys
  • court clerks
  • bailiffs
  • court reporters
  • juries
28
Q

To be legally binding, four elements must be present in a contract:

(P. 87 - 88)

A
  1. Agreement
  2. Consideration
  3. Legal subject matter
  4. Contractual capacity
29
Q

Termination of contracts

P. 89

A
  • Failure to pay for services
  • Failure to keep scheduled appointments
  • Failure to follow the Physician’s instructions
  • A patient seeks the services of another physician
30
Q

Legislative branch

P. 76

A

The two houses of Congress, the state and the House of Representatives.

31
Q

The primary duty of Congress is to

P. 76

A

Write, debate, and pass bills, which are then passed on to the president for approval.

32
Q

Congress

P. 76 - 77

A

Each member of Congress is elected by the people of his or her state.

33
Q

Other powers of congress include:

P. 76

A
  • making laws controlling trade between states and between the United States and other countries
  • making laws about taxes and borrowing money
  • approving the printing of money
  • declaring war on other countries
34
Q

The House of Representatives

P. 76

A
  • With a membership based on the state populations, has 435 seats.
  • are elected for two-year terms
35
Q

Senate

P. 76

A
  • Two members from each state, have a hundred seats.

* are elected for six-year terms.

36
Q

Functions specific to the House of Representatives include the following. Members of the House can:

(P. 77)

A
  • Introduced legislation that compels people to pay taxes.
  • decide if a government official should be put on trial before the Senate if he or she commits a crime against the country. (Such a trial is called impeachment.)
37
Q

Functions specific to the Senate include the following. Senators can:

(P. 77)

A
  • approve and disapprove any treaties the president makes.
  • approve or disapprove any people the president recommends for jobs, such as cabinet officers, Supreme Court Justices, and ambassadors.
  • hold an impeachment trial for a government official who commits a crime against the country.
38
Q

Executive branch of government

P. 77

A
  • the president of the United States is the chief executive of the executive branch of government.
  • the President is responsible for administering the law.
39
Q

Judicial branch of the government

P. 77

A
  • the US Supreme Court heads the judicial branch of government.
  • includes federal judges and courts in every state.
  • interprets the law and oversees the enforcement of laws.
40
Q

there are four types of law, distinguished according to their origin:

(P. 77 - 78)

A
  1. Constitutional law
  2. Case law
  3. Statutory law
  4. Administrative law
41
Q

An ____________ is one who contributes to or aids in the Commission of a crime–by a direct act, by an indirect act (such as encouragement), by watching and not giving aid, or by concealing the criminal’s crime.

(P. 81)

A

accessory

42
Q

Assault

A

Open threat of bodily harm to another.

43
Q

Battery

A

An action that causes bodily harm to another.

44
Q

Defamation of character

A

Damaging a person’s reputation by making public statements that are both false and malicious.

45
Q

False imprisonment

A

The intentional, unlawful restraint or confinement of one person by another.

46
Q

Fraud

A

Deceitful practices in depriving or attempting to deprive another of his or her rights.

47
Q

Starting with the lowest court, list the state courts in order.

A
  1. Local courts
  2. Trial courts
  3. Appellate courts
  4. State supreme court
48
Q

Agreement

A

One party makes an offer and another party accepts it.

49
Q

Consideration

A

Something of value is bargained for.

50
Q

Contractual capacity

A

Patient to enter into agreement must be capable of fully understanding all of the terms and conditions.

51
Q

Legal subject matter

A

Contracts are not valid in court unless they are for Legal Services or purposes.

52
Q

On average, approximately what percentage of people leave the hospital against doctor’s advice?

A

0.8% - 2.2%

Legal Principles Of Health Information (13 decks)

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