Jurisprudence

Question 1

What can be defined as knowledge of the law?

Answer 1

Jurisprudence

Question 2

What are the 3 divisions of the US court system?

Answer 2

1. Administrative law
2. Civil law
3. Criminal law

Question 3

Describe administrative law

Answer 3

Claims are brought against individuals or groups by the governing board

Question 4

What 3 things can the governing board do?

Answer 4

•  Issue and renew licenses
• Discipline licensees who have not complied with the practice act
• Adopt rules and regulations necessary for administration of the practice act

Question 5

True or False

Courts typically will not overturn a board’s decision in administrative law

Answer 5

True

Question 6

Describe civil law

Answer 6

Society protects individuals from wrongful acts of others by allowing those who are wronged to file lawsuits and collect monetary awards as compensation for the damages or seek other remedies as permitted by law

Question 7

What can be defined as an injurious act committed against a person or property or a breach of contract claim?

Answer 7

tort

Question 8

What are the 2 types of torts?

Answer 8

• Negligent Tort

- Intentional Tort

Question 9

Describe a negligent tort

Answer 9

Omission or commission of an act that a reasonable, prudent person would or would not do under given circumstances

Question 10

What are the 4 mandatory elements of a negligent tort?

Answer 10

• Duty: there was a duty owed to a person
• Breach: they duty was not met
• Damages: the party who was owed a duty incurred damages
• Causation: the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 11

What can be defined as a special type of negligence that occurs when the actions in question require the knowledge and skill of a professional?

Answer 11

malpractice

Question 12

What is required during a malpractice trial?

Answer 12

expert testimony

Question 13

Describe an intentional tort

Answer 13

An act that is intentionally committed knowing that harm is a likely result

Question 14

What are 2 types of intentional torts relevant to PTs?

Answer 14

• Assault

- Battery

Question 15

What can be defined as a threat to touch another without consent

Answer 15

assault

Question 16

What can be defined as actual, intentional touching of another without his or her consent?

Answer 16

battery

Question 17

What is a big difference between an intentional tort claim and a malpractice or negligent claim?

Answer 17

The plaintiff does not need to prove injury (damages)

Question 18

What laws state that if a plaintiff contributes 50% or more fault they will be barred from receiving any damages?

Answer 18

Contributory Negligence Laws

*this is why documentation is key!

Question 19

What is an integrated agreement clause?

Answer 19

Clause that states that the writing is the final representation of all agreed terms

Question 20

An integrated agreement clause gives the employer the right to dismiss an employee with or without reason at any time without advanced notice. What is this referred to as?

Answer 20

at-will employee

Question 21

What is the name of the clause that prohibits professional employees from working within a certain geographical area for a specified time period?

Answer 21

Restrictive covenants or noncomplete clause

Question 22

What is the name of the clause that states that the party offering a contract is attempting to have the other party agree to assume liability?

Answer 22

Indemnification