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PTRS 877 > law > Flashcards

law Flashcards

1
Q

what supersedes all other law

A

constitutional

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2
Q

charges are brought by individuals, groups or the state to recover damages

A

civil law (tort law)

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3
Q

charges are brought by the government to punish wrongdoing

A

criminal law

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4
Q

changes are brought by administrative agencies to enforce a set of statues

A

administrative law

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5
Q

layers of regulation

A 
federal
state
accrediting agencies
professional organizations
facility policy and procedures
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6
Q

in civil and administrative law, the burden of proof is

A

substantially evident

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7
Q

the failure to use such care that a reasonably prudent and careful person would/would not use under the same or similar circumstances
failure to use reasonable care

A

negligent torts

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8
Q

intentionally committed act knowing that harm will result

A

intentional tort

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9
Q

threat to touch without consent

A

assault

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10
Q

intentional touching of another without consent

A

battery

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11
Q

confinement of a person

A

false imprisonment

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12
Q

communication that may place someone up for ridicule. slander is verbal and libel is written this

A

defamation

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13
Q

intentional misrepresentation that could cause harm

A

fraud

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14
Q

doing something that one is not supposed to do

A

malfeasance

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15
Q

the improper performance, which the person may lawfully complete

A

misfeasance

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16
Q

should have taken action but did not

A

nonfeasance

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17
Q

is a special type of negligence that occurs when the alleged wrongdoer is a professional and the act or omission is withing the scope of car of that professional

A

malpractice

18
Q

the PT has taken responsibility to act in a reasonable manner

A

duty

19
Q

the PT failed to act reasonably

A

breach

20
Q

there was a consequence to that breach

A

damages/injury

21
Q

the damages were linked directly to the breach

A

causation

22
Q

what elements must be proven for negligence

A

all four

23
Q

a legal relationship between the parties exists which imposes an obligation of care, performance, or observance

A

duty

24
Q

what a reasonable professional would have done in similar circumstances

A

standard of care

25
Q

an added award when provider’s actions were intentionally harmful or grossly negligent

A

punitive damages

26
Q

any cause, proceeding entirely from an independent source, which “breaks the line of causation” from the defendant’s allegedly wrongful act to the plantiff’s complained - of injury

A

intervening cause

27
Q

a legal doctrine whereby some persons are held responsible for damages their actions or products cause, regardless of any “fault” on their part

A

strict liability

28
Q

when one person is held responsible for the negligence of another person
usually applies in an employment context

A

vicarious liability

29
Q

4 duties of the corporate negligence doctrine

A

duty to monitor and supervise current staff
duty to select and retain competent staff
duty to maintain adequate and safe facilities and equipment
duty to formulate, adopt, and enforce adequate rules and policies

30
Q

either action or neglect leading to physical, sexual or emotional harm

A

abuse

31
Q

any unlawful attempt or threat of force or violence to do a corporal hurt to another, whether from malice or wantonness

A

assault

32
Q

intends to do more than mearly frighten the victim

A

aggravated assault

33
Q

those unwanted sexual advances while bereft of violence or even contact, nontheless offend the recipient and are clearly sexual in nature

A

sexual assault

34
Q

an lawful touching the person of another by the aggressor or any other substance put in motion by the aggressor or any other substance put in motion by the aggressor
sillful and unlawful use of force or violence upon the person of another

A

battery

35
Q

use of a weapon

A

aggravated battery

36
Q

the use of force on another for sexual acts

A

sexual battery

37
Q

names the defendants, the plaintiff, lawsuit jurisdiction, and when defendants should appear

A

summons

38
Q

details of the case against the defendant

basis of the suit

A

complaint

39
Q

process of receiving summons and complaint

A

being surved

40
Q

prohibited physicians from referring Medicare patients for certain health care services to entities with which the physicians or their immediate family members have a financial relationship

A

STARK II Law

PTRS 877 (8 decks)

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