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Medical Law > Law, Courts And Contracts > Flashcards

Law, Courts And Contracts Flashcards

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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)

A

True

23
Q

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

A

Criminal

24
Q

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

A

Negligence

25
Q

What is considered under the state criminal offense?

A

Arson, robbery, practicing medicine without a license

26
Q

What type of family matters are involved in a civil suit?

A

Divorce; child support

27
Q

What do typical court systems consist of?

A

Appellate courts, local courts, trial courts

28
Q

What are types of torts?

A

Intentional; unintentional

29
Q

If the conduct of the person committing the tort is judged to be malicious, what may be awarded?

A

Punitive damages

30
Q

Under principles of negligence when does civil liability exist?

A

In cases in which the act is judicially determined to be wrongful

31
Q

This type of testimony is typically required in medical malpractice cases.

A

Expert

32
Q

Attorneys represent…

A

Plaintiffs and defendants

33
Q

What is a contract?

A

A voluntary agreement between two parties in which specific promises are made for a consideration

34
Q

What are the main types of contracts?

A

Expressed and implied

35
Q

A tort maybe willful or accidental. (T/F)

A

True

36
Q

For which reasons can a physician stop seeing a patient?

A

Failure to follow physicians instructions; failure to keep scheduled appointments; failure to pay for services

37
Q

What type of court would hear a court martial?

A

Court of military appeals

38
Q

What are steps required to properly terminate the physician patient relationship?

A

Note the need for continuing care to the patient; written notification by certified mail with return receipt

39
Q

The person who is charged with an offense, who must dispute the complaint is the _________.

A

Defendant

40
Q

To be legally binding, how many elements must be presented in a contract?

A

Four

41
Q

What is the legislation that protects consumers from fraudulent or deceptive hidden finance charges levied by creditors?

A

Regulation Z

42
Q

A contract that is explicitly stated, in written or spoken words is an…

A

Expressed contract

43
Q

Which contract is created by the conduct of the parties?

A

Implied

44
Q

The contract between a physician, and patient is usually terminated under which circumstances?

A

When treatment has ended; when the bill has been paid; when they fail to keep appointments

45
Q

In order to properly terminate the physician-patient relationship, the physician must give the patient formal ________ notice that they are withdrawing from the case.

A

Written

46
Q

What are creditor practices governed by?

A

The FDCPA

47
Q

What contract is most often used in the medical office?

A

Implied

48
Q

What is the name of the brochure that was formally known as the “Patient Bill of Rights”?

A

The Patient Care Partnership

49
Q

What credential is mandatory for certain health professionals to practice in there field?

A

Licensure

50
Q

Certification of a health care professional is usually done by…

A

A health care professional organization

51
Q

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…

A

Scope of practice

52
Q

Jane is a nurse in Iowa. She moves to Florida. Her nursing license from Iowa is accepted by Florida. This is called…

A

Reciprocity

53
Q

Which credential is earned by completing a national examination?

A

Certification

Medical Law (8 decks)

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