Law Flashcards
Criminal Law
laws that deal with crimes & their punishments
addresses the rules & statutes that define wrongdoings against the community
Misdemeanor
an offense that is considered less serious than a felony and carries a lesser penalty, usually a fine or imprisonment for less than 1 year
Felony
a crime declared by statute to be more serious than a misdemeanor & deserving of a more severe penalty
conviction usually requires imprisonment in a penitentiary for longer than 1 year
Assault
the crime of trying or threatening to hurt someone physically
Battery
intentional touching or using force in a harmful manner, without the person’s consent
Plaintiff
a person who files a lawsuit initiating a legal action
Defendant
a person who is being sued or accused of a crime in a court of law
Subpoena
a written order that commands someone to appear in court to give evidence
Deposition
a formal statement that someone who has promised to tell the truth makes so that the statement can be used in court
Civil Law
laws that deal with the rights of people, things, & relationships rather than with crimes
Contract
a legal agreement between 2 or more parties
a valid contract must include 4 elements:
1. Mutual assent
»an agreement by all parties to contract; must prove there was an offer and acceptance
- Consideration
» a benefit of some type for entering into the contract, such as financial reimbursement - Capacity
»parties must be legally able to contract (legal age & sound of mind) - Legality
»subject matter must be legal
Breach
infraction or violation of a law, obligation, tie, or standard
Negligence
the failure to do something that a reasonably prudent individual would do under similar circumstances
Administrative Law
the body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies
Litigation
a lawsuit or legal action that determines the legal rights and remedies of the person or party
Tort
an action that wrongly causes harm to an individual but is not a crime and is dealt with in a civil court.
there are 2 major classifications of torts:
1. intentional
2. negligence
Intentional tort
an intentional wrongful act by a person or entity who means to cause harm, or who knows, or is reasonably certain, that harm will result from the act
ex. assault, battery, defamation of character, invasion of privacy, & administering an injection without consent of patient
Defamation of character
hurting someone’s reputation
Slander
is verbal defamation
to make a false spoken statement that causes people to have a bad opinion of someone
Libel
is written defamation
a false accusation that is made with malicious intent to hurt the reputation of a person
Negligence is a common tort in…
malpractice cases
Res ipsa loquitur
“it speaks for itself”
negligence is obvious
respondeat superior
a doctrine that states that employers are responsible for the actions of their employees when the actions are performed within the constraints of their position
Common Law
“master-servant rule”
the laws that developed from English court decisions and customs and that from the basis of laws in the US
Negligent torts are…
unintentional
to prove negligence, plaintiff must prove the “Four D’s of negligence”
-A Duty existed
-There was a Dereliction of duty
-The misconduct of the defendant was the Direct Cause of the injury
-Damages (usually substantial) occurred as a result of the misconduct
Malfeasance
performance of an unlawful, wrongful act
ex. performing a procedure on the wrong patient
Misfeasance
the performance of a lawful action in an illegal or improper manner
ex. performing the procedure on the correct patient but doing so incorrectly
Nonfeasance
failure to perform to task, duty, or undertaking that one has to agree to perform or has a legal duty to perform
ex. waiting to treat a patient until it is too late
Informed consent
voluntary agreement with an action proposed by another
