Health Care Law Flashcards
What are statutory laws? What do they form?
Written laws
Legislative branch of government
What is common (case) law? What does it form?
Law derived from judicial decisions that set precedent.
Forms the judicial branch
“reason and justice for all”
Does not apply as law to other states but could set precedent.
What is administrative law? What does it form?
Rules and regulations issued by agencies.
Makes up executive branch
What is the principle lying at the heart of all common law systems?
Stare decesis. Determining things off precedent. Let the decision stand: similar cases should be decided according to consistent, principled rules
the thing is decided: that which is previously decided by courts—it is done
Res judicata
What is private law?
Relationships among individuals
What type of laws does optometry rarely find application?
public law, criminal law
True or false: Criminal law could apply to optometry if OD deliberately performed an act of harm or damaged/ stole objects.
True
What is tort action referring to in private law?
professional liability. Malpractice/ Negligence
What is contract action referring to in private law?
employement/ labor issues
What law (private, criminal, public) does optometry relate with the most?
private law (tort and contract actions)
Assertion that the wrongful acts of another have caused harm resulting in legal liability for the person who commits the tortious act.
Tort Actions
Claims that one party has breeched an Agreement by failing to fulfill and obligation
Contract actions
Recognition and enforcement of the rights and duties of private citizens
Private law
Health Care law is a coalescence of ________ and __________ thought.
Intellectual; academic
