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HIM 250 > Chapter 4 Test 2 > Flashcards

Chapter 4 Test 2 Flashcards

1
Q

Defines rights and obligations that arise between two or more parties. Ex: Substance

A

Substantive law

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2
Q

Provides court rules to guide a lawsuit from beginning through completion. Ex: trial, settlement, or dismissal.

A

Procedural law

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3
Q

Party that initiates a lawsuit to enforce his or her rights or another’s obligations. There may be more than one

A

Plaintiff

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4
Q

Individual or organization that is the object of the lawsuit (against whom a lawsuit is brought). There may be more than one

A

Defendant

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5
Q

Lawsuit by a group of consumers against a large and generally powerful entity for alleged wrongdoing

A

Class action

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6
Q

Legal proceedings that accompany a lawsuit

A

Litigation

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7
Q

Documents generated by parties involved in a lawsuit, including complaints and answers
- Clerk of courts maintains documents

A

Pleadings

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8
Q

A complaint is filed and served on a defendant accompanied by a summons
- Service of a summons and complaint may
be in person, by mail, or by publication;
proof of service may be required
Defendant responds via an answer
- Failure to answer results in default
judgment

A

Commencing a lawsuit

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9
Q

Defendant files claim against plaintiff

A

Counterclaim

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10
Q

One party files a claim against another party on same side of the litigation

A

Cross claim

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11
Q

Defendant brings in outsider as a codefendant

A

Joinder

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12
Q

Used to discover or obtain information held by other parties to assess strengths and weaknesses in each party’s case

A

Discovery

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13
Q

Refers to limits on parties to discover pretrial information held by another

A

Discoverability

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14
Q

Refers to evidence that is allowed to be admitted in court and considered by the judge or jury in making a final determination about a case

A

Admissibility

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15
Q

Federal Rules of Civil Procedure were amended to address preservation, collection and production of increasing volumes of electronically stored information (ESI)

A

e-Discovery

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16
Q

Collection of information from source systems outside of those usually printed or viewed electronically
- Examples include e-mails and erased files

A

e-Discovery considerations

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17
Q

assists providers and vendors with steps to efficiently locate and prepare relevant ESI

A

Electronic Discovery Reference Model (EDRM)

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18
Q

What are the 2 types of discoveries?

A

Deposition and Interrogatories

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19
Q

Formal proceeding under oath by which oral testimonies of individuals are obtained
- Authentication establishes the genuineness
of records and, therefore, their reliability
and truthfulness as evidence

A

Deposition

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20
Q

Establishes authentication of health records

A

HIM testimony or written certification

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21
Q

Written questions presented to parties to a lawsuit; answers provided in writing

A

Interrogatories

22
Q

Includes health records and other tangible items

A

Request for production of documents or things

23
Q

Provided by an independent practitioner

A

Physical or mental examination of party

24
Q

Asks the opposing party to admit to certain basic facts to diminish time and money spent providing them

A

Request for admissions

25
Q

What are the tools to compel discovery?

A

Court order and Subpoena

26
Q

Mandate by a judge to compel testimony or production of documents

A

Court order

27
Q

Used to compel testimony or production of documents, but is initiated by an attorney (not by a judge) through a court
- Often served via law enforcement or US
mail
- Less legal force than a court order
- In general, must be accompanied by
patient authorization to compel disclosure
of health records

A

Subpoena

28
Q

What are the two forms of subpoenas?

A

Subpoena ad testificandum and Subpoena duces tecum

29
Q

Seeks an individual’s testimony

A

Subpoena ad testificandum

30
Q

Instructs recipient to personally appear with documents in hand

A

Subpoena duces tecum

31
Q
  • Vary from state to state
  • Name of the court from which the
    subpoena was issued
  • Name of plaintiff(s) and defendant(s)
  • Assigned case docket number date, time,
    and place of requested appearance
  • Information commanded (testimony or
    documents)
  • Form in which information (including
    electronic information) is to be produced
  • Name of issuing attorney
  • Name of recipient being directed to
    respond
  • Signature or stamp of authorized
    court/official or judge
A

Elements of a valid subpoena

32
Q

Objection to a subpoena may be made in a motion to quash based on

A
  • Inadequate time for compliance
  • Requires travel beyond geographical limits
    of rule of procedure
  • Requests privileged information that is not
    subject to exception or waiver
  • Imposes an undue burden on the subject
33
Q

Judge’s written order authorizing a law enforcement officer to search a specified place and seize evidence
- In healthcare context, most likely in fraud
and abuse cases

A

Judicial search warrant

34
Q

protects against unreasonable searches and seizures

A

Fourth Amendment

35
Q

Held periodically from filing of lawsuit throughout discovery period to discuss case status, the upcoming trial, and potential settlement negotiations

A

Pre-trial conferences

36
Q

Who participates in the Pre-trial conferences?

A

Parties and their attorneys and The court (judge)

37
Q 
Judge
Jury
- Bench trial vs. 
- Jury trial
Parties
- Plaintiff(s)
- Defendant(s)
Witnesses
- Lay witnesses
- Expert 
Bailiff
Court reporter
Clerk of court retains records
A

Players in Trial

38
Q

If jury is waived, judge hears case
Number of jurors depends on civil vs. criminal case
Jury selection

A

Trial Procedures

39
Q

Another name for jury selection

A

voir dire

40
Q

______ can excuse potential juror “for cause”

Ex: can be excused in a death penalty case if you won’t vote for death penalty because of morals or religious grounds

A

Attorneys

41
Q

Allows jurors to be excused for unstated (but lawful) reasons
May not excuse jurors based on race, religion, gender, and ethnicity

A

Peremptory challenges

42
Q

Sufficiently proving or establishing requisite degree of belief for each element of a case
- Usually belongs to the plaintiff

A

Burden of proof

43
Q

Beyond a reasonable doubt (criminal cases)
Clear and convincing evidence
Preponderance of evidence (used for malpractice cases)

A

Burdens of proof

44
Q

Case may or may not be appealed to next court in tiered system for a review of alleged legal errors at lower court

A

Appeal

45
Q

Party appealing the case

A

Petitioner/appellant

46
Q

Party against whom case is appealed

A

Respondent/appellee

47
Q

Defendant is required to do or to refrain from doing something

A

equity

48
Q

What are the three money awards that require collection?

A

Garnishment of wages
Writ of execution
Judgment lien

49
Q

Percentage of wages set aside to pay the judgment

A

Garnishment of wages

50
Q

Directs law enforcement to seize defendant’s real or personal property to satisfy debt owed

A

Writ of execution

51
Q

Encumbers defendant’s property to prevent debtor-defendant from taking money from its sale until judgment owed to the plaintiff has first been paid

A

Judgment lien

52
Q

designed to cover payment of money awards by a court

A

Medical malpractice insurance policy coverage

HIM 250 (16 decks)

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