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Business > Jurisprudence > Flashcards

Jurisprudence Flashcards

1
Q

__ = legislation signed by the president/governor

A

Act

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2
Q

__ = statue = regulation = formally written

A

LAW

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3
Q

__ = set of rules, legal restriction

A

regulations

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4
Q

__ = deals with enforcement of statues.

A

administrative law

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5
Q

US court systems 3 separate sections

A
  1. administrative law (License)
  2. civil law (Torts)
  3. criminal law
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6
Q

A __ has authority to issue, renew, restrict, or revoke liceneses as well as censure licensees

A

governing board

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7
Q

burden of proof

__ law and __ law = preponderance of or substantial evidence

A

civil law and administrative law

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8
Q

__ law: beyond a reasonable doubt

Burden of proof

A

Criminal Law

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9
Q

__ an injurious act committed against a person or property or a contract breach

A

Tort

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10
Q

__ omission or commiosno of an act that a reasonable, prudent person would or would not do under given circumstances

A

negligence

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11
Q

__ = malpractice offuce when the alleged wrongdoer is a professional with the requisite action within the scope of practice and requires special knowledge and skill to practice

A

professional negligence

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12
Q

__ an act that is intentional committed knowing that harm is likely result
i.e. assault, battery

A

intentional tort

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13
Q

__ = a threat to touch another without consent

A

assault

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14
Q

__ = actual intentional touching of another without his or her consent

A

battery

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15
Q

tort, battery, assault, negligence are all __ law

A

civil

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16
Q

in civil cases, those wrongfully treated may… (3)

A
  1. file lawsuits
  2. collect monetary compensation for damages done to them or their property
  3. Pursue other remedies permitted by law
17
Q

law sequence ? 5 points…

A
  1. event
  2. patint complaints
  3. summons and complaint (settlement starts)
  4. pretrial discovery (settlement)
  5. traial (settlement)
18
Q

For negligence, a plaintiff (the injured party) must demonstrate 4 things:

A
  1. there was duty owed to the plaintiff by the defendant
  2. there was a breach
  3. party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
  4. causation - breach of duty caused injury or there was a causal connection b/w the breach and the damages
    = duty, breach, damages, causation
19
Q

__ is a special type of negligence. Related to the action in question require the knowledge and skill of a licensed professional

A

malpractice

20
Q

in Kansas, plaintiff has to prove the defendant is at least __ % at fault

A

51%

21
Q

A __ is formed when the parties have mutually agreed on terms. It may be oral agreement or written and signed by the parties

A

contract

22
Q

__ clause indicating what is written is the final representation of all agreed terms

A

integrated agreement clause

23
Q

__ clause give the employer the right to dismiss an employee with or without reason at any time without advanced notice

A

at will employee

24
Q

__ clause prhibits professional employees form working within a certain geographical area for specified time period

A

restrictive covenant or noncompete clause

25
Q

__ clause = party offering a contract is attempting to have the other part agree to assume liability

A

indemnification (hold harmless) clause

26
Q

__ law deals with acts considered against society

federal or state government

A

criminal law

27
Q

__ = incarceration, fines, or both (DUI, manslaughter, fraud)

A

penalties

28
Q

Title __ prohibits employment discrimination based on race, color, religion, sex…

A

Title VII

29
Q

Title VII included the __ act which established a commission to study the existence of artificial barriers to the advancement of women and minorities in the workplace

A

Glass Ceiling Act

30
Q

__ act prohibits sex-based wage discrimination

- Job titles can differ, content must be substantially equal, job is performed under similar working conditions

A

Equal pay act

31
Q

__ act prohibits employment discrimination acting persons age 40 or older. Applied to employers with 20 or more employees, job applicants, employment agencies, all levels of government, labor organizations

A

Age discrimination in employment act

32
Q

__ act employment discrimination against qualified individuals with disabilities. 15 or more employees.
employer must make reasonable accommodation to the known disability of qualified applicant

A

Americans with Disabilities Act

33
Q

__ sets standards for minimum wage and overtime pay rate (1 1/2 x regular pay) that affect most private and public employers

A

fair labor standards act (FLSA)

34
Q

Topics/questions to avoid in interview.. (6)

A

sexual preference, sex life, religious beliefs, political affiliations, family planning, or personal finances (only okay if permission given to check credit rating)

35
Q

10 ways to avoid malpractice…

A 
be courteous
do you homeowner
avoid the EHR trap 
remember to follow up
communicate clearly and effectively
ensure patients full understand
listen and learn
expand your educational horizons
think like a patient
be consistent

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