Jurisprudence Flashcards
What can be defined as knowledge of the law?
Jurisprudence
What are the 3 divisions of the US court system?
- Administrative law
- Civil law
- Criminal law
Describe administrative law
Claims are brought against individuals or groups by the governing board
What 3 things can the governing board do?
- 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
True or False
Courts typically will not overturn a board’s decision in administrative law
True
Describe civil law
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
What can be defined as an injurious act committed against a person or property or a breach of contract claim?
tort
What are the 2 types of torts?
- Negligent Tort
- Intentional Tort
Describe a negligent tort
Omission or commission of an act that a reasonable, prudent person would or would not do under given circumstances
What are the 4 mandatory elements of a negligent tort?
- 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
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?
malpractice
What is required during a malpractice trial?
expert testimony
Describe an intentional tort
An act that is intentionally committed knowing that harm is a likely result
What are 2 types of intentional torts relevant to PTs?
- Assault
- Battery
What can be defined as a threat to touch another without consent
assault
What can be defined as actual, intentional touching of another without his or her consent?
battery
What is a big difference between an intentional tort claim and a malpractice or negligent claim?
The plaintiff does not need to prove injury (damages)
What laws state that if a plaintiff contributes 50% or more fault they will be barred from receiving any damages?
Contributory Negligence Laws
*this is why documentation is key!
What is an integrated agreement clause?
Clause that states that the writing is the final representation of all agreed terms
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?
at-will employee
What is the name of the clause that prohibits professional employees from working within a certain geographical area for a specified time period?
Restrictive covenants or noncomplete clause
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?
Indemnification
