Law and Ethics Flashcards
What is Criminal law?
Laws that deal with crimes and their punishments
Misdemeanor
An offense that is considered less serious than a felony and carries lesser penalties, usually a fine or imprisonment for less than 1 year
Felony
More serious than a misdemeanor, conviction usually requires imprisonment in a penitentiary for longer than 1 year
Assault
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
Person who files a lawsuit initiating legal action
Defendant
Person who is being sued or accused of a crime in a court of law
Subpoena
Written order that commands someone to appear in court to give evidence
Deposition
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 rather than crimes
Contract
Legal agreement between 2 or more parties (ex: people, companies)
Breach
Infraction or violation of a law, obligation, or standard
Negligence
Failure to do something that a reasonably prudent individual would do under similar circumstances
Administrative law
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.
Litigation
Lawsuit that determines the legal rights of the person or party
Tort law
Action that wrongly causes harm to someone but is not a crime and is dealt with in civil court.
Intentional torts
An intentionally wrongful act by a person who means to cause harm, or is reasonably certain that harm will result from the act
Slander
Verbal defamation
To make a false statement that causes people to have a bad opinion of someone
Libel
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
Res ipsa loquitur
“It speaks for itself”
Negligence is obvious
Ex: finding an instrument inside the patient following a surgical procedure
Respondeat superior
States the employer is liable for the wrong of an employee
Malfeasance
Performance of an unlawful, wrongful act
Ex: performing a procedure on the wrong patient
Misfeasance
Performance of a lawful action in an illegal/improper manner
Ex: performing the procedure on the correct patient, but doing so incorrectly.
Nonfeasance
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