CPCS Legal Terms

Question 1

Unlawful restraints and monopolies or unfair business practices

Answer 1

Antitrust

Question 2

Document an attorney prepares on appeal cases - gives history, facts, legal action, opinion about case presented to an appeal court judge.

Answer 2

Brief

Question 3

A voluntary act by which one person agrees to allow someone else to do something.

Answer 3

Consent

Question 4

Party against whom legal action is brought, One who must complain

Answer 4

Defendant

Question 5

Written sworn testimony made before a public officer for a court action, often as answers to questions posed by a lawyer, used for discovery of information or evidence for a trial.

Answer 5

Deposition

Question 6

Pretrial activities to determine what evidence the opposing side will present if the case comes to trial, discovery may include depositions, written interrogatories, and the inspection and copying of documents.

Answer 6

Discovery

Question 7

One who has special training, experience, skill, and knowledge in a relevant area and whose testimony and opinion may be considered as evidence.

Answer 7

Expert Witness

Question 8

A rule of evidence that restricts the admissibility of evidence that is not the personal knowledge of the witness.

Answer 8

Hearsay Rule

Question 9

A part of the discovery process in which written questions are given to the opposing parties in a lawsuit to get written facts and answers given under oath to questions put forth.

Answer 9

Interrogatories

Question 10

n obligation one has incurred or might incur through any act or failure to act.

Answer 10

Liability

Question 11

A trial in court to determine legal issues and the rights and duties between the parties to the litigation.

Answer 11

Litigation

Question 12

Professional misconduct, improper discharge of professional duties or a failure to meet the standard of care by a professional that results in harm to another.

Answer 12

Malpractice

Question 13

Failure to act as an ordinary prudent person, conduct contrary to that of a reasonable person under specific circumstances.

Answer 13

Negligence

Question 14

When a hospital or healthcare facility holds out a healthcare provider as being qualified and competent, thus creating the appearance of an agency relationship between the provider and the facility.

Answer 14

Doctine of Ostensible Agency (Doe v. Cedars-Sinai Medical Center (1997)

Question 15

Party bringing legal action.

Answer 15

Plaintiff

Question 16

Latin term that translates to “at first sight” or “on its face.”

Answer 16

Prima Facie

Question 17

The Thing Speaks for Itself

Answer 17

Res lpsa Loquitur (Stewart v, Motts (1970)

Question 18

Latin term that translates to “a matter judged.” It is a legal doctrine that prevents the same parties from litigating the same issue or claim that has already been decided by a final judgment in a previous lawsuit. Res judicata serves to promote finality and judicial economy by preventing parties from relitigating matters that have already been adjudicated.

Answer 18

Res Judicata

Question 19

Indentity of Parties, Indentity of claims, Final Judgment on the Merits

Answer 19

Three elements of res judicata (If these elements are met, res judicata typically bars the parties from relitigating the same claims or issues in subsequent lawsuits.

Question 20

This Latin term translates to “let the master answer.” It’s a legal doctrine that holds an employer or principal responsible for the actions of their employees or agents when those actions occur within the scope of their employment or agency.

Answer 20

Respondeat Superior

Question 21

To abide by the decided cases.

Answer 21

Stare Decisis

Question 22

The plaintiff’s ability to review the hearing panel to determine conflict of interest, economic competition.

Answer 22

Voir Dire

Question 23

Healthcare providers must adhere to a standard of reasonable care and diligence in their practice.

Answer 23

Standard of Care (Helling v Carey (1974)

Question 24

Assesses whether a healthcare professional has met the standard of care by determineing if their actions align with what a responsible body of medical opinion deems acceptable.

Answer 24

Bolam Test (Bolam v Friern Hospital Management Committee (1957)

Question 25

This legal principle bars a plaintiff from recovering damages if they are found to have contributed to their own injury, even if the defendant was also negligent. It is a defense often raised by healthcare providers in medical malpractice cases.

Answer 25

Contributory Negligence

Question 26

This legal principle allows a plaintiff to recover damages proportionate to the defendant’s degree of fault, even if the plaintiff was partially at fault for their own injury. Some jurisdictions apply pure comparative negligence, while others use modified comparative negligence with a threshold or bar.

Answer 26

Comparative Negligence