Chapter 6 Part 2 Flashcards
Right to be free from unwarranted publicity and exposure to public view
Right to privacy
Spoken form of defamation
Slander
Characterized by conduct that is so outrageous that it goes beyond the bounds tolerated by society
Infliction of mental distress
Society’s expression of the limit of acceptable human behavior
Criminal law
Offense punishable by less than 1 year in jail and/or a fine
Misdemeanor
Serious crime generally punishable by imprisonment in state or federal penitentiary for more than 1 year
Felony
Formal reading of the accusatory instrument and includes the setting of bail
Arraignment
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
Health care fraud
Commission of an unintentional act that results in the death of another person
Manslaughter
Illegal taking of another person or organization’s property
Theft
A special agreement written or oral that involves legally binding obligations between two or more parties
Contract
What are the 3 elements of a contract?
Offer/communication, consideration, acceptance
The parties must understand and agree on terms of the contract
Meeting of the minds
Requires mutual assent to be found between the parties; terms must be complete that both parties understand and agree to what has been proposed
Definite and complete
Other party may revoke an offer at any time prior to valid acceptance
Duration
Acceptance must be the mirror image of the offer
Complete and conforming
Agreement between two or more entities to deal with each other regarding a specific area of business and group
Exclusive contract
Process of investigating the facts of a case before trial
Discovery
Legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body
Subpoena
Orders the appearance of a person at a trial or other investigative proceeding to give testimony
Subpoena ad testificandum
Written command to bring records, documents, or other evidence described in the subpoena to a trial or other investigative proceeding
Subpoena duces tecum
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
Burden of proof
Facts prove or disproved during a lawsuit
Evidence
Proof offered through direct testimony
Direct evidence
Evidence furnished by things themselves; most trustworthy and preferred type of evidence
Demonstrative (real) evidence
Written evidence capable of making a truthful statement
Documentary evidence
Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it
Assumption of a risk
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
Comparative negligence
Lack of ordinary care on the part of the person injured that combined with the negligent of the other caused injury
Contributory negligence
Legislatively imposed time constraints that restrict the period of time after an injury occurs
Statute of limitations
Manslaughter that occurs in the heat of the moment
Voluntary manslaughter
What is an example of involuntary manslaughter?
Drunk driving and hitting a person
