Law and Ethics Flashcards

1
Q

What is Criminal law?

A

Laws that deal with crimes and their punishments

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2
Q

Misdemeanor

A

An offense that is considered less serious than a felony and carries lesser penalties, usually a fine or imprisonment for less than 1 year

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3
Q

Felony

A

More serious than a misdemeanor, conviction usually requires imprisonment in a penitentiary for longer than 1 year

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4
Q

Assault

A

Crime of trying or threatening to hurt someone physically

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5
Q

Battery

A

Intentional touching or using force in a harmful manner, without the person’s consent

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6
Q

Plaintiff

A

Person who files a lawsuit initiating legal action

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7
Q

Defendant

A

Person who is being sued or accused of a crime in a court of law

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8
Q

Subpoena

A

Written order that commands someone to appear in court to give evidence

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9
Q

Deposition

A

Formal statement that someone who has promised to tell the truth makes so that the statement can be used in court

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10
Q

Civil law

A

Laws that deal with the rights of people rather than crimes

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11
Q

Contract

A

Legal agreement between 2 or more parties (ex: people, companies)

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12
Q

Breach

A

Infraction or violation of a law, obligation, or standard

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13
Q

Negligence

A

Failure to do something that a reasonably prudent individual would do under similar circumstances

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14
Q

Administrative law

A

Body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of government, used to carry out the duties of such agencies.

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15
Q

Litigation

A

Lawsuit that determines the legal rights of the person or party

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16
Q

Tort law

A

Action that wrongly causes harm to someone but is not a crime and is dealt with in civil court.

17
Q

Intentional torts

A

An intentionally wrongful act by a person who means to cause harm, or is reasonably certain that harm will result from the act

18
Q

Slander

A

Verbal defamation

To make a false statement that causes people to have a bad opinion of someone

19
Q

Libel

A

Written defamation
False accusation that is made with malicious intent to hurt the reputation of a person who is living or the memory of a person who is dead, resulting in public embarrassment, contempt, ridicule, or hatred

20
Q

Res ipsa loquitur

A

“It speaks for itself”
Negligence is obvious
Ex: finding an instrument inside the patient following a surgical procedure

21
Q

Respondeat superior

A

States the employer is liable for the wrong of an employee

22
Q

Malfeasance

A

Performance of an unlawful, wrongful act

Ex: performing a procedure on the wrong patient

23
Q

Misfeasance

A

Performance of a lawful action in an illegal/improper manner

Ex: performing the procedure on the correct patient, but doing so incorrectly.

24
Q

Nonfeasance

A

Failure to perform a task that one has agreed to perform or has a legal duty to perform
Ex: waiting to treat a patient until its too late

25
Q

What does fraudulent mean?

A

Relating to actions that purposely intend to deceive.

26
Q

Informed consent

A

Clear, and voluntary indication of preference or choice, usually written or oral

27
Q

Implied consent

A

Voluntary agreement with an action proposed by another

Ex: patient rolling up sleeves to give blood

28
Q

What is the Hippocratix Oath?

A

An oath doctor’s recite during their graduation ceremony from medical school

29
Q

What is a MOLST

A

A medical document that specifies which treatments will be allowed during end-of-life care