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Jurisprudence & Ethics > Midterm - week 1 > Flashcards

Midterm - week 1 Flashcards

1
Q

Guiding principles (moral philosophy) related to standards of behavior of an individual or group

A

Ethics

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2
Q

What are the schools of ethics?

A

Deontology
Consequentialism
Virtue ethics

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3
Q

What is deontology

A

A school of ethics which

  • Focus on importance of actions
  • is based on universal moral laws/rules
  • Associated with Immanuel Kant
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4
Q

What is consequentialism?

A

A school of ethics which

  • Focus on outcomes of actions, i.e. the end justifies the means
  • Associated with Jeremy Bentham, David Hume
  • Includes Utilitarianism and Hedonism
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5
Q

What is virtue ethics?

A

A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle

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6
Q

A school of ethics which

  • Focus on outcomes of actions, i.e. the end justifies the means
  • Associated with Jeremy Bentham, David Hume
  • Includes Utilitarianism and Hedonism
A

Consequentialism

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7
Q

A school of ethics which

  • Focus on importance of actions
  • is based on universal moral laws/rules
  • Associated with Immanuel Kant
A

Deontology

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8
Q

A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle

A

Virtue ethics

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9
Q
  • Ethics that apply to a specific profession
  • Varies based on knowledge, skills, duties of
    profession
  • Often described by “Code of Conduct”
A

Professional ethics

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10
Q

What are the 6 health care ethic principles?

A
  • autonomy
  • beneficence
  • Non-maleficene
  • justice
  • veracity
  • fiduciary duty
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11
Q

What is autonomy?

A

a Health care ethics

(self-determination) - patients have the right to make decisions on their own behalf

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12
Q

What is beneficence?

A

a Health care ethics

do good, engage in actions that result in positive outcomes

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13
Q

What is non-maleficence?

A

a Health care ethics

prevent harm ( primum non nocere)

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14
Q

What is justice?

A

A health care ethics

Act in fairness

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15
Q

What is veracity

A

A health care ethics

Be truthful

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16
Q

What is fiduciary duty

A

A health care ethics

Act in best interest of another, maintain trust

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17
Q

a Health care ethics

(self-determination) - patients have the right to make decisions on their own behalf

A

Autonomy

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18
Q

a Health care ethics

do good, engage in actions that result in positive outcomes

A

Beneficence

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19
Q

a Health care ethics

prevent harm ( primum non nocere)

A

Non-maleficence

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20
Q

A health care ethics

Act in fairness

A

Justice

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21
Q

A health care ethics

Be truthful

A

Veracity

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22
Q

A health care ethics

Act in best interest of another, maintain trust

A

Fiduciary duty

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23
Q

What is jurisprudence?

A

Theory, study, and practice of the law (and associated rules, policies, procedures)

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24
Q

What are these examples of?

  • Courts
  • Administrative Agencies, e.g. regulatory boards
  • Credentialing Bodies, e.g. insurance networks
  • Professional Associations
  • Arbitration
A

Governing bodies

25
Q

What do municipal courts deal with?

A

Minor matters, e.g. traffic offenses, some misdemeanors

26
Q

What do small claims court deal with in terms of $, legal counsel, appeal rights?

A
  • Limit of claim, e.g. < $10,000 in Oregon
  • Usually no legal counsel
  • No appeal rights
27
Q

What do state courts deal with?

A

Circuit (District) Courts
• Limited jurisdiction

Appellate Courts
• Appeals from trial courts and administrative agencies
• Decisions based on procedure, interpretation of law

Supreme Court
• Trial courts with broad jurisdiction
• Review of Court of Appeals decisions

28
Q

What do federal courts deal with?

A

District Courts – 94 districts in U.S.
• Jurisdiction over federal laws, cases with “diversity of citizenship”

Appellate Courts
• Determine if District Court applied law correctly
• Appeals from federal administrative agencies

U.S. Supreme Court
• Highest court in United States
• Decisions about important national issues

29
Q

• Governmental bodies tasked with administering and
implementing particular legislation
- e.g. medical/chiropractic regulatory board, workers’ compensation board, BOLI
• Administrative functions, e.g. rule making, licensing • Quasi-judicial functions, e.g. disciplinary procedures • Hearings overseen by Administrative Law Judge (ALJ)

A

Administrative agencies

30
Q

Insurance companies/panels
• Voluntary contracts between provider and insurer
• Dictate rights of provider and insurer
• e.g. fee schedule, pre-authorizations, covered/allowable services, documentation requirements, audits, appeals
• Dictate how decision appeals are processed

A

Credentialing bodies

31
Q

Voluntary membership
• Members may submit to additional responsibilities and review
• Vision/Mission/Values
• Code of Ethics – expectations for member behavior
• Policy/position statements – on professional issues
• Reaction to other associations’ policies/positions

A

Professional associations

32
Q

Non-trial resolution of dispute;

Contractual
• Right to trial waived by parties
• e.g. insurance panel, employment agreement

Mandatory
• May be required for small disputes
• Decisions can be appealed by either party
• New trial based on facts and law
• Risk of additional costs, e.g. attorney fees

A

Arbitration

33
Q

What are types of actions for criminals?

A

• State vs. Defendant
• Defendant is an alleged criminal (perpetrator)
• Governmental jurisdiction prosecutes the case
• Victim (if there is one) is the injured party, but not a party
to the filed action
• If found guilty, criminal receives sentence
• May be monetary penalty and/or imprisonment and/or
community supervision

34
Q

What are types of actions for civil?

A
  • Plaintiff vs. Defendant (both are parties)
  • Parties may be individuals or entities, e.g. corporation or government
  • Defendant allegedly failed to carry out legal duty owed to plaintiff
  • Plaintiff may seek fulfillment of duty or compensation (damages), or both
35
Q

What are types of actions for boards?

A

• Board vs. Licensee

Licensee (e.g. doctor) allegedly violated a rule
• Subject to disciplinary action
• Fine
• Restriction/suspension/loss of license
• Required training/supervision
• Ongoing monitoring
• Public notice
36
Q

Party who initiates a lawsuit (legal proceeding, action)
before a court
i.e. party who files the first complaint with a court of law

A

Plaintiff

37
Q

Person, legal entity or government body who defends a lawsuit

A

Defendant

38
Q

The first document filed by a plaintiff in a civil lawsuit

• Alleges a legal basis for a claim and related damages.

A

Complaint

39
Q 
The fact(s) that give a party a right to judicial redress or relief against another 
• Must meet specific criteria
e.g. A medical malpractice claim requires a plaintiff to establish that a physician was negligent.
A

Cause of action

40
Q

A medical malpractice claim requires a plaintiff to establish that a physician was negligent.

In order to do so, the plaintiff must establish what 4 elements?

A
  • Duty – based on existence of doctor-patient relationship
  • Breach – failure to meet the applicable standard of care
  • Damage – existence of harm, i.e. compensable injury
  • Causation – causal connection between the breach and harm
41
Q
  • Instrument used to commence a civil action
  • Means of acquiring jurisdiction over a person
  • Served with a complaint upon a defendant
A

Summons

42
Q

What are methods of service of summons?

A
  • Personal service – handed to defendant, commonly by a process server or a sheriff
  • Substitute service – given to someone at defendant’s residence
  • Office service – given to person in charge at place of business
  • Mail service – to defendant’s address
  • Publication of service
43
Q

The response a defendant files to a plaintiff’s complaint

A

Answer

44
Q

What is the purpose of an answer?

A

• Admit or deny each allegation

  • Raise “affirmative defenses”
  • Examples - case was untimely; the plaintiff contributed to the outcome; statute limits damages; etc.

• Make “counter-claims”
• Examples – plaintiff was negligent; plaintiff breached a
contract causing defendant some harm

45
Q

What is a cross-claim that the defendant can make?

A

against a codefendant in the suit filed by plaintiff

• e.g. A chiropractor makes a claim that a co-defendant physician failed to diagnose the plaintiff.

46
Q

What is a third party claim that the defendant can make?

A

against a party not named in the suit
• e.g. A chiropractor makes a claim that the electrical stimulation device used to treat a plaintiff malfunctioned during the treatment.

47
Q

A request for a judge to make a decision about a filed

case

A

Motion

48
Q

formal mechanism to request records from another party

A

Request for production

49
Q

written questions to another party, requiring answers

A

Interrogatories

50
Q

testimony of a party or witness by oral questioning prior to trial
• Under oath and recorded
• Typically conducted in an attorney’s office

A

Deposition

51
Q

court process compelling a party or third party to produce documents or things

A

Subpoena Duces Tecum

52
Q

authorization from a party to obtain records directly

A

Release

53
Q

court-ordered command to compel testimony or production of evidence, under penalty for failure to comply

A

Subpoena

54
Q

evaluation of a plaintiff (or claimant) in relation to claim of physical or mental harm, requested or compelled by defendant (or insurer)

A

Independent medical examination

55
Q

Methods of settling disputes without litigation
• May be voluntary or mandatory
• May not be required to settle, only to participate
• More expeditious and less costly, compared to trial

A

Alternative dispute resolution

56
Q

Provider of oral evidence (testimony) under

oath

A

Witness

57
Q

finding or decision of fact, usually by a jury

A

Verdict

58
Q

final decision of the court, resolving the dispute

• determines rights and obligations of the parties

A

Judgement

59
Q

unsuccessful party’s contesting of a final decision, filed with the appropriate court
• Based on erroneous application of law (i.e. decisions of the judge), not the facts

A

Appeal

Jurisprudence & Ethics (2 decks)

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