Chapter 4 - Law, The Courts, and Contracts Flashcards
Terminology
Executive order
P. 77
A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.
Constitutional law
P. 77
Law that derives from federal and state constitutions.
Case law
P. 79
Law established through common law and legal precedent.
Common law
P. 79
The body of Unwritten Law developed in England, primarily from judicial decisions based on custom and tradition.
Legal precedents
P. 79
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.
Statutory law
P. 79
Law passed by the US Congress or state legislatures.
Administrative law
P. 79
Enabling statutes enacted to define powers and procedures when an agency is created.
Substantive law
P. 81
The statutory or written law that defines and regulates legal rights and obligations.
Procedural law
P. 81
Slob that defines the rules used to enforce substantive law.
Criminal law
P. 81
Law that involves crimes against the state.
Felony
P. 81
An offense punishable by death or by imprisonment in a state or federal prison for more than one year.
Misdemeanor
P. 81
Crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.
Civil law
P. 82
Law that involves wrongful acts against persons.
Tort
P. 82
A civil wrong committed against a person or property, excluding breach of contract.
Tortfeasor
P. 83
The person guilty of committing a tort.
Negligence
P. 83
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.
Negligence
P. 83
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.
Jurisdiction
P. 86
The power of a court to hear and decide a case before it.
Plaintiff
P. 86
The person bringing charges in a lawsuit.
Prosecution
P. 86
The government as plaintiff in a criminal case.
Defendant
P. 86
The person or party against whom criminal or civil charges are brought in a lawsuit.
Contract
P. 87
A voluntary agreement between two parties in which specific promises are made for a consideration.
Void
P. 88
Without legal force or effect.
Breach of contract
P. 88
Failure of either party to comply with the terms of a legally valid contract.
Minor
P. 88
Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions.
Statute of frauds
P. 89
State legislation governing written contracts.
Intentional torts
P. 82 - 83
- assault
- battery
- defamation of character
- false imprisonment
- fraud
- invasion of privacy
Players in the court scene
P. 86
- plaintiff
- prosecution
- defendant
- officers of court
- judges
- attorneys
- court clerks
- bailiffs
- court reporters
- juries
To be legally binding, four elements must be present in a contract:
(P. 87 - 88)
- Agreement
- Consideration
- Legal subject matter
- Contractual capacity
Termination of contracts
P. 89
- 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
Legislative branch
P. 76
The two houses of Congress, the state and the House of Representatives.
The primary duty of Congress is to
P. 76
Write, debate, and pass bills, which are then passed on to the president for approval.
Congress
P. 76 - 77
Each member of Congress is elected by the people of his or her state.
Other powers of congress include:
P. 76
- 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
The House of Representatives
P. 76
- With a membership based on the state populations, has 435 seats.
- are elected for two-year terms
Senate
P. 76
- Two members from each state, have a hundred seats.
* are elected for six-year terms.
Functions specific to the House of Representatives include the following. Members of the House can:
(P. 77)
- 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.)
Functions specific to the Senate include the following. Senators can:
(P. 77)
- 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.
Executive branch of government
P. 77
- the president of the United States is the chief executive of the executive branch of government.
- the President is responsible for administering the law.
Judicial branch of the government
P. 77
- 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.
there are four types of law, distinguished according to their origin:
(P. 77 - 78)
- Constitutional law
- Case law
- Statutory law
- Administrative law
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)
accessory
Assault
Open threat of bodily harm to another.
Battery
An action that causes bodily harm to another.
Defamation of character
Damaging a person’s reputation by making public statements that are both false and malicious.
False imprisonment
The intentional, unlawful restraint or confinement of one person by another.
Fraud
Deceitful practices in depriving or attempting to deprive another of his or her rights.
Starting with the lowest court, list the state courts in order.
- Local courts
- Trial courts
- Appellate courts
- State supreme court
Agreement
One party makes an offer and another party accepts it.
Consideration
Something of value is bargained for.
Contractual capacity
Patient to enter into agreement must be capable of fully understanding all of the terms and conditions.
Legal subject matter
Contracts are not valid in court unless they are for Legal Services or purposes.
On average, approximately what percentage of people leave the hospital against doctor’s advice?
0.8% - 2.2%
