Legal Fundamentals Flashcards
criminal law
Laws that deal with crimes and their punishment
Misdemeanor
An offense that is considered less serious than a felony and carries a lesser penalty, usually a fine or imprisonment for less than 1 year
Felony
A crime declared by statute to be more serious than a misdemeanor and deserving of a more severe penalty conviction usually requires imprisonment in a penitentiary for longer than 1 year
assault
The crime of trying or threating to hurt someone physically
Battery
intentional touching or using force in a harmful manner, without the person’s consent
plaintiff
A person who files a lawsuit initiating a legal action
defendant
A person who is being sued or accused of a crime in a court of law
deposition
A formal statement that someone who has promised to tell the truth makes so that the statement can be used in court
subpoena
A written order that commands someone to appear in court to give evidence
civil law
Laws that deal with the rights of people rather than with crimes
Mutual assent
An agreement by all parties to contract: must prove there was an offer and acceptance
consideration
A benefit of some type for entering into the contract, such as financial reimbursement
capacity
Parties must be legally able to contract
legality
subject matter must be legal
contract
A legal agreement between two or more parties
breach
infraction or violation of a law, obligation, tie, or standard
negligence
The failure to do something that a reasonably prudent individual would do under similar circumstances
administrative law
The body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies
litigation
A lawsuit or legal action that determines the legal rights and remedies of the person or party
FMLA
is a federal law that requires certain employers to give time off to employees for familial or medical reasons
TJC
helps organizations position for the future of integrated care, strengthen patient safety and the quality of care.
Expert witness
A witness in a court of law who is an expert on a particular subject
tort
An action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court
Intentional torts
An intentional wrongful act by a person or entity who means to cause harm, or who knows, or is reasonably certain, that harm will result from the act
Slander
To make a false spoken statement that causes people to have a bad opinion of someone
libel
A 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
Resipsaloquitur
A doctrine or rule of evidence in tort law that allows an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not usually happen in without negligence
Respondeat superior
A doctrine in tort law that makes an employer liable for the wrong of an employee
Common law
The laws that developed from English court decisions and customs and that form the basis of laws in the U.S.
Malfeasance
Performance of an unlawful, wrongful act
Misfeasance
The performance of a lawful action in an illegal or improper manner
nonfeasance
Failure to perform a task, duty, or undertaking that one has agreed to preform or has a legal duty to perform
