Legal Terms Flashcards
Administrative Law
The principles governing the activities and procedures of federal, state, and local government agencies
Venue
The geographic locale for a legal action.
- For malpractice, it is usually where the negligence occurred or where the defendant lives.
Sexual Harassment
Sexual advances that are an unwelcome request for sexual favors and any verbal or physical conduct of a sexual nature directed toward another person.
Wrongful Inheritance w/Contractual Relationship
Wrongful conduct on the part of a person/business entity to intentionally induce another person or business to breach an existing contract.
Privelage
The freedom not to disclose, or permit another person to disclose confidential communications, freedom from liability for defamation.
Joint Venture
A business relationship formed for a special limited purpose; Members have only limited authority to bind their fellow members
Privacy
The only implied constitutional right; the right to be free of unreasonable governmental intrusion on personal freedom.
Wrongful Discharge
The unjustified termination of an employee
Standard of Care
A negligence concept that compares the conduct of a defendant to that of reasonably competent peers acting under the same or similar circumstances.
Negligence
Behavior which falls below the standard required of the ordinary, reasonable person acting under the same or similar circumstances.
Fiduciary
An individual in a special position of trust relative to another person such as the relationship between the PT and the patient.
Hold Harmless
A contractual promise in which one party agrees to indemnify another against the financial risk of loss.
Assault
An intentional act designed to make the victim fearful of harm
Defamation
False communication about a person that harms the victim’s positive personal reputation in the eyes of a significant number of other people in the victim’s professional or personal community
Nonmaleficence
Do no harm
Strict Liability
Imposition of civil or criminal liability without regard for fault, guilt or motive, based on public policy considerations
Intentional Torts
Wrongs that are intentional that are committed against individuals or property
Borrowed Servant Doctrine
Vicarious liability for another’s negligence placed on one or more parties based on the right to exercise control over the wrongdoer at the time the tort is committed; An important doctrine for malpractice
Plaintiff
Party initiating the litigation
Indemnification
Reimbursement/compensation of financial losses.
Contract
Enforceable legal obligations bargained for between parties.
Last Clear Chance
A contributory negligence concept. The defendant has the opportunity to prevent injuring the plaintiff but fails to do so.
Answer
The defendant’s first responsive pleading to a plaintiff’s complaint
Beyond A Reasonable Doubt
Judicial standard of proof in which the jury (or judge) must be satisfied to a “moral certainty” of a defendant’s guilt