Legal Considerations Flashcards

1
Q

established and enforced by federal state and local legislature

A

statutory law

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2
Q

issued and enforced by an administrative body on the authority of the legislature or executive branch

A

administrative law

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3
Q

body of law and juristic theory originated, developed, and formulated as an outgrowth of english common law
also known as case law

A

common law

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4
Q

the root of law in the united states is the constitution of the united states

A

constitutional law

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5
Q

states that an employer will be held liable for an employees negligent act
“let the master answer”

A

respondeat superior

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6
Q

hospitals are liable to fulfill directly duties to the patients

A

doctrine of corporate responsibility

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7
Q

each person is responsible for his or her on actions or lack of actions

A

doctrine of personal liability

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8
Q

individuals performing an action are expected to perform that action as would any reasonable person of ordinary prudence

A

doctrine of the reasonably prudent man

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9
Q

hold that the cause of negligence is obvious

“the act speaks for itself”

A

res ipsa loquitur

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10
Q

a person who is in charge may be held responsible for all of those under his or her supervision

A

captain of the ship

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11
Q

a wrongful act (outside breach of contract) committed against a person or property
most common type of civil law

A

tort

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12
Q

acts that are not intended to do harm but result in damage to a person or property

A

unintentional tort

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13
Q

a breach or failure to fulfill the expected standard of care

A

negligence

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14
Q

the failure to do something that is reasonable person would do or not do

A

malpractice

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15
Q

requires willful action

A

intentional tort

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16
Q

an act that causes another person to fear that he or she will be touched in an offensive, insulting, or physically injurious manner without consent or authority to do so

A

assault

17
Q

the actual act of harmful or unwarranted or unconsented contact with a person; simply touching without permission

A

battery

18
Q

illegal detention of a person without consent and requires: confinement, intent to do so by the perpetrator, lack of consent

A

false imprisonment

19
Q

making disparaging remarks concerning a patient or making fun of his or her problem, subsequently causing that patient emotional distress

A

intentional infliction of emotional distress

tort of outrage

20
Q

there may have not been intent to injure or distress a patient but the act is voluntary and did

A

quasi-intentional tort