Legislative Branches

Question 1

Administrative Law

Answer 1

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.

Question 2

Admissions of fact

Answer 2

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.

Question 3

Appellate court

Answer 3

A court that hears appeals from lower court decisions; sometimes called the court of appeals.

Question 4

Assault

Answer 4

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.

Question 5

Battery

Answer 5

Bodily harm or unlawful touching of another in the medical field; treating the patient without consent is is considered battery.

Question 6

Civil lawsuit

Answer 6

A non-criminal lawsuit for damages usually based on tort, contract, labor or privacy issues.

Question 7

Common law

Answer 7

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.

Question 8

Criminal law

Answer 8

State or federal government law covering violations of a written criminal code or statute.

Question 9

Defendant

Answer 9

Person or entity sued

Question 10

Discovery

Answer 10

Process of gathering information in preparations for trial.

Question 11

Executive Branch

Answer 11

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.

Question 12

Federal Court

Answer 12

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.

Question 13

Felony

Answer 13

Serious crime punishable by relatively large fines and / or imprisonment for more than 1 year and in extreme cases even death.

Question 14

In personam jurisdiction

Answer 14

A courts power to adjudicate cases filed against a specific individual as opposed to in rem jurisdiction which concerns property disputes.

Question 15

In rem jurisdiction

Answer 15

A term that delineates the courts jurisdiction over property or things including marriage rather than over persons.

Question 16

Interrogatory

Answer 16

Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.

Question 17

Judicial branch

Answer 17

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.

Question 18

Jurisdiction

Answer 18

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.

Question 19

Law

Answer 19

The foundations of statutes, rules and regulations that governs people, relationships, behaviors and interactions within the state, society and Federal government.

Question 20

Legislative branch

Answer 20

The US House of Representatives and senate and any similar state legislature that develops statutory law.

Question 21

Malpractice

Answer 21

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.

Question 22

Medical Ethics

Answer 22

Principals based on the medical profession that determine moral behavior.

Question 23

Medical law

Answer 23

Laws that are prescribed to pertain to specifically to the medical field.

Question 24

Misdemeanor

Answer 24

Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year.

Question 25

Negligence

Answer 25

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.

Question 26

Plaintiff

Answer 26

The person or entity bringing a suit or claim.

Question 27

Res ipsa loquitur

Answer 27

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.

Question 28

Standard of care

Answer 28

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.

Question 29

Stare decisis

Answer 29

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.

Question 30

State supreme court

Answer 30

Highest court in any given state in the US Court system.

Question 31

Statute

Answer 31

Written laws enacted by the state or federal legislative branch

Question 32

Statute of limitations

Answer 32

Defense a tort action, requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.

Question 33

Statutory law

Answer 33

Written laws usually enacted by a legislative body that includes regulatory, administrative and common laws.

Question 34

Supreme Court of the US

Answer 34

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.

Question 35

Tort

Answer 35

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.

Question 36

Writ of Certiorari

Answer 36

Order a higher court issues to review decisions and proceedings in a lower court and determine whether there are any irregularities.