Legislative Branches Flashcards
Administrative Law
This establishes laws between citizens and government agencies and provides a certain powers to the agencies and provides certain power to the agencies to enforce these laws and regulations.
Admissions of fact
Discovery technique that asks the opposing party(in writing)to admit or deny material fact or the authenticity of documents to be introduced into evidence at trial.
Appellate court
A court that hears appeals from lower court decisions; sometimes called the court of appeals.
Assault
A threat or attempt to inflict offensive physical contact or bodily harm on a person in immediate danger of or in apprehension of such harm or contact.
Battery
Bodily harm or unlawful touching of another in the medical field; treating the patient without consent is is considered battery.
Civil lawsuit
A non-criminal lawsuit for damages usually based on tort, contract, labor or privacy issues.
Common law
Law of precedence built on a case by case basis established by citing interpretation of existing laws by judges in previous suits. Also known as judge made laws.
Criminal law
State or federal government law covering violations of a written criminal code or statute.
Defendant
Person or entity sued
Discovery
Process of gathering information in preparations for trial.
Executive Branch
President of the US or the governor of an individual state. They can propose laws, veto laws proposed by legislation, enforce laws and establish agencies.
Federal Court
Court having jurisdiction over cases in which the US constitution and federal statutes apply; these can be federal district courts(trial courts), district court of appeals, or the US Supreme Court.
Felony
Serious crime punishable by relatively large fines and / or imprisonment for more than 1 year and in extreme cases even death.
In personam jurisdiction
A courts power to adjudicate cases filed against a specific individual as opposed to in rem jurisdiction which concerns property disputes.
In rem jurisdiction
A term that delineates the courts jurisdiction over property or things including marriage rather than over persons.
Interrogatory
Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.
Judicial branch
Federal Constitutional court system; one of the 3 parts of the US federal government, interprets legislation and determines it’s constitutionality and applies it to the specific cases. May overrule cases presented on appeals from a lower court.
Jurisdiction
Authority given by law to a court to try cases and rule on legal matters within geographical area and/or over certain types of legal cases.
Law
The foundations of statutes, rules and regulations that governs people, relationships, behaviors and interactions within the state, society and Federal government.
Legislative branch
The US House of Representatives and senate and any similar state legislature that develops statutory law.
Malpractice
The failure of a professional to meet the standards of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; it results in harm.
Medical Ethics
Principals based on the medical profession that determine moral behavior.
Medical law
Laws that are prescribed to pertain to specifically to the medical field.
Misdemeanor
Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year.
Negligence
The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances.
Plaintiff
The person or entity bringing a suit or claim.
Res ipsa loquitur
In Latin “the thing speaks for itself” Legal doctrine that there is clear proof that the defendant the responsibility (duty) to the patient and that the injury would not and could not have occurred without the negligence of the defendant.
Standard of care
The average knowledge and expertise that one can expect from a health care professional in the same area or field and with the same base of training.
Stare decisis
In Latin “to stand by things decided or to adhere to a decided case; condition in which once a court rules that decision becomes law for other cases. Also known as precedent.
State supreme court
Highest court in any given state in the US Court system.
Statute
Written laws enacted by the state or federal legislative branch
Statute of limitations
Defense a tort action, requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.
Statutory law
Written laws usually enacted by a legislative body that includes regulatory, administrative and common laws.
Supreme Court of the US
Highest court in the US having ultimate judicial authority within the US to interpret and decide questions of federal laws. It’s the head of the judicial branch of the government.
Tort
A wrongful act not including a breach of contract or trust that results in injury to another person, property, reputation, or the like; and for which the injured party is entitled to compensation.
Writ of Certiorari
Order a higher court issues to review decisions and proceedings in a lower court and determine whether there are any irregularities.
