Chapter 6 Part 2 Flashcards

1
Q

Right to be free from unwarranted publicity and exposure to public view

A

Right to privacy

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2
Q

Spoken form of defamation

A

Slander

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3
Q

Characterized by conduct that is so outrageous that it goes beyond the bounds tolerated by society

A

Infliction of mental distress

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4
Q

Society’s expression of the limit of acceptable human behavior

A

Criminal law

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5
Q

Offense punishable by less than 1 year in jail and/or a fine

A

Misdemeanor

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6
Q

Serious crime generally punishable by imprisonment in state or federal penitentiary for more than 1 year

A

Felony

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7
Q

Formal reading of the accusatory instrument and includes the setting of bail

A

Arraignment

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8
Q

Committed when a dishonest provider or consumer intentionally submits or causes someone else to submit false information for use in determining the amount health care benefits payable

A

Health care fraud

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9
Q

Commission of an unintentional act that results in the death of another person

A

Manslaughter

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10
Q

Illegal taking of another person or organization’s property

A

Theft

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11
Q

A special agreement written or oral that involves legally binding obligations between two or more parties

A

Contract

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12
Q

What are the 3 elements of a contract?

A

Offer/communication, consideration, acceptance

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13
Q

The parties must understand and agree on terms of the contract

A

Meeting of the minds

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14
Q

Requires mutual assent to be found between the parties; terms must be complete that both parties understand and agree to what has been proposed

A

Definite and complete

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15
Q

Other party may revoke an offer at any time prior to valid acceptance

A

Duration

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16
Q

Acceptance must be the mirror image of the offer

A

Complete and conforming

17
Q

Agreement between two or more entities to deal with each other regarding a specific area of business and group

A

Exclusive contract

18
Q

Process of investigating the facts of a case before trial

A

Discovery

19
Q

Legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body

A

Subpoena

20
Q

Orders the appearance of a person at a trial or other investigative proceeding to give testimony

A

Subpoena ad testificandum

21
Q

Written command to bring records, documents, or other evidence described in the subpoena to a trial or other investigative proceeding

A

Subpoena duces tecum

22
Q

Requires that the plaintiff’s attorney show the defendant violated a legal duty by not following an acceptable standard of care and that the plaintiff suffered injury

A

Burden of proof

23
Q

Facts prove or disproved during a lawsuit

A

Evidence

24
Q

Proof offered through direct testimony

A

Direct evidence

25
Q

Evidence furnished by things themselves; most trustworthy and preferred type of evidence

A

Demonstrative (real) evidence

26
Q

Written evidence capable of making a truthful statement

A

Documentary evidence

27
Q

Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it

A

Assumption of a risk

28
Q

Provides that the degree of negligence or carelessness of each party to a lawsuit must be established by the finder of fact and that each party then is responsible for their share

A

Comparative negligence

29
Q

Lack of ordinary care on the part of the person injured that combined with the negligent of the other caused injury

A

Contributory negligence

30
Q

Legislatively imposed time constraints that restrict the period of time after an injury occurs

A

Statute of limitations

31
Q

Manslaughter that occurs in the heat of the moment

A

Voluntary manslaughter

32
Q

What is an example of involuntary manslaughter?

A

Drunk driving and hitting a person