Med Law Flashcards
The Department of Defense falls under which branch of the government?
Executive Branch
Name the levels of court within the military extending up to the U,S, Supreme Court.
Courts-Martial (Branch)–>
Court of Military Criminal Appeals (Branch)–>
U.S. Court of Appeals for the Armed Services–>
U.S. Supreme Court
Why is there a separate court system for the military?
The military is a separate society in which a different and separate rules/laws govern in order to maintain good order and discipline
Define: Law
System of rules that defines socially acceptable behavior and sets punishments for violations
What are the three sources of law?
- Statues
- Common Law
- Administrative Law
Contracts and Torts fall under what type of law?
Civil Law
What is a contract?
Legally binding agreement
What are the elements of a Contract and the conditions on contract formation?
Elements -OFFER -ACCEPTANCE -CONSIDERATION Considerations (-Competent Parties) (-Legal Subject Matter) (-Mutual Agreement)
What is a Tort?
Wrongful act or an infringement of a right (other than under contract) leading to civil legal liability in which a court may award a remedy in damages
Who can a Tort be against?
- Person (Real or Corporate)
- Person’s Property
What are the types of Torts?
Torts of Strict Liability
Intentional Torts
Negligent Torts
What defines Torts of Strict Liability?
Unleashing a dangerous Instrumentality
In which Type of Tort is there no need to find fault simply that the tort occurred and the defendant was responsible?
Torts of Strict Liability
What are the elements of Informed Decision Making?
- Decision Making Ability
- Information
- Voluntariness
- Actual Consent/Request
- Declination/Refusal
What partially abrogates the doctrine of sovereign immunity w/regard to torts and applies the doctrine of Respondeat Superior to make the government liable?
Federal Tort Claims Act
What protects governmental agents and employees from personal liability for harm resulting from their negligent in-scope torts?
Federal Tort Claim Act
Name the FTCA Rules?
- Must file an administrative claim First (6 months)
- Trial by federal judge
- Trial in U.S. District Court (Federal)
- No limit on damages
- No punitive damages
- 2yr Statute of Limitations
Name 3 examples of proper claimants under the FTCA?
- Federal Employee
- Dependents
- Retirees
Who is not a proper clamant under the FTCA?
- Active Duty
- Foreign Nationals
What is the American Theory of Damages?
Amount of money necessary to make injured party whole
Name the types of damages in tort?
- Compensatory Damages
- Punitive Damages
- Nominal Damages
What is included under the Compensatory damages?
- General Damages (including Hedonic)
- Special Damages
General damages under Compensatory damages in tort include?
- Pain & Suffering
- Physical Impairment
- Loss of Use
- Visible Scarring
- Loss of enjoyment of life
Are General damages based on Subjective or Objective factors?
Subjective Factors
