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Law, Courts And Contracts Flashcards

1
Q

What documentation delegates powers and responsibilities to the three branches of government?

A

U. S. Constitution

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2
Q

What are functions of the senate?

A

Approve or disapprove any people the president recommends for jobs; Hold an impeachment trial for a government official who commit a crime against the country; approve or disapprove any treaties the president makes.

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3
Q

The division of powers and responsibilities, within all of the branches of government insures a system of ______ and _______ to keep one branch from assuming too much power.

A

Checks; balances

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4
Q

What are functions of the national government?

A

Print money; establish post offices

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5
Q

What are the court decisions that were written down and later referred to as past cases by judges to help them make decisions?

A

Legal precedents

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6
Q

Who governs the administrations of health care and all other national matters derived from powers and responsibilities?

A

The three branches of government

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7
Q

What are the 3 branches of government?

A

Judicial, Legislative, and Executive

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8
Q

Who may veto a bill on the state and federal level before it becomes a law?

A

Governor; President

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9
Q

What does the House of Representatives have the power to do?

A

Introduce legislation that compels people to pay taxes

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10
Q

What is administrative law?

A

It enables statutes enacted to define powers and procedures when an agency is created

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11
Q

What does the division of powers and responsibilities among the three branches of government ensure?

A

That one branch will not assume too much power

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12
Q

What does procedural law define?

A

Defines the rules used to enforce substantive law

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13
Q

Which power is exclusive to the state government?

A

Conduct elections

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14
Q

The body of criminal law involves a crime against who?

A

The state

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15
Q

Who can change legal precedents?

A

A higher court; the court that made the original decision

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16
Q

What is considered a federal criminal offense?

A

Kidnapping

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17
Q

What is statutory law?

A

A law passed by the U. S. Government or state legislatures

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18
Q

What provides protection from the wrongful acts of another person?

A

Civil law

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19
Q

What agencies would follow regulations enacted by administrative law?

A

SSA, IRS, OSHA

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20
Q

Examples of torts would be what actions?

A

Someone who has damaged someone’s property, someone who has deprived someone of their personal freedom, someone who causes injury to another

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21
Q

Procedural laws most likely pertain to health care practitioners. (T/F)

A

False

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22
Q

If the conduct is determined to be malicious, the. Punitive damages may be awarded to the victim. (T/F)

23
Q

What law involves offenses against the state or sovereignty, committed or omitted, in violation of public law forbidding or commanding them?

24
Q

_______ is charged when a health care practitioner fails to exercise ordinary care and a patient is injured.

A

Negligence

25
What is considered under the state criminal offense?
Arson, robbery, practicing medicine without a license
26
What type of family matters are involved in a civil suit?
Divorce; child support
27
What do typical court systems consist of?
Appellate courts, local courts, trial courts
28
What are types of torts?
Intentional; unintentional
29
If the conduct of the person committing the tort is judged to be malicious, what may be awarded?
Punitive damages
30
Under principles of negligence when does civil liability exist?
In cases in which the act is judicially determined to be wrongful
31
This type of testimony is typically required in medical malpractice cases.
Expert
32
Attorneys represent…
Plaintiffs and defendants
33
What is a contract?
A voluntary agreement between two parties in which specific promises are made for a consideration
34
What are the main types of contracts?
Expressed and implied
35
A tort maybe willful or accidental. (T/F)
True
36
For which reasons can a physician stop seeing a patient?
Failure to follow physicians instructions; failure to keep scheduled appointments; failure to pay for services
37
What type of court would hear a court martial?
Court of military appeals
38
What are steps required to properly terminate the physician patient relationship?
Note the need for continuing care to the patient; written notification by certified mail with return receipt
39
The person who is charged with an offense, who must dispute the complaint is the _________.
Defendant
40
To be legally binding, how many elements must be presented in a contract?
Four
41
What is the legislation that protects consumers from fraudulent or deceptive hidden finance charges levied by creditors?
Regulation Z
42
A contract that is explicitly stated, in written or spoken words is an…
Expressed contract
43
Which contract is created by the conduct of the parties?
Implied
44
The contract between a physician, and patient is usually terminated under which circumstances?
When treatment has ended; when the bill has been paid; when they fail to keep appointments
45
In order to properly terminate the physician-patient relationship, the physician must give the patient formal ________ notice that they are withdrawing from the case.
Written
46
What are creditor practices governed by?
The FDCPA
47
What contract is most often used in the medical office?
Implied
48
What is the name of the brochure that was formally known as the “Patient Bill of Rights”?
The Patient Care Partnership
49
What credential is mandatory for certain health professionals to practice in there field?
Licensure
50
Certification of a health care professional is usually done by…
A health care professional organization
51
The determination of the duties/ procedures that a person may or may not perform under the auspices of a specific health care professional’s license is called…
Scope of practice
52
Jane is a nurse in Iowa. She moves to Florida. Her nursing license from Iowa is accepted by Florida. This is called…
Reciprocity
53
Which credential is earned by completing a national examination?
Certification

Medical Law (8 decks)

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