Jurisprudence Flashcards
U.S. court system has three separate sections
Administrative law
Civil law
Criminal law
Tort
an injurious act committed against a person or property or a contract breach A civil (private) wrong as opposed a crime
Two general types of torts
Negligent torts
Intentional torts
Negligence
omission or commission of an act that
a reasonable, prudent person would or would not do
under given circumstances
Professional negligence
malpractice
When does professional negligence occur?
when the alleged wrongdoer is a professional
with the requisite action within the scope of practice
and requires special knowledge and skills to practice
Intentional tort
an act that is intentionally committed knowing that harm is a likely result
4 parts to demonstrate negligence:
- duty owed to defendant
- Breach of duty
- Damages incurred
- Causation
Causation
the breach of duty caused injury or there was a causal connection between the breach and the damages
What is required for a malpractice suit?
expert testimony is required because the ordinary person is not capable of determining what the professional standard of care should be
At-will employee
this clause gives the employer the right to dismiss an employee with or without reason at any time without advanced notice
Restrictive covenants or non-compete clause
a clause prohibiting professional employees from working within a certain geographical area for a specified time period
Indemnification (hold-harmless) clause
party offering a contract is attempting to have the other party agree to assume liability
Professional liability insurance
where patient care is involved, one or both parties may want one or the other to provide evidence of insurance
