Module 5 - Legal Terminology Flashcards
Evidence which may be properly received and considered in a legal proceeding
Admissibility
A written or printed declaration or statement of facts, made voluntarily and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oaths
(carries a lot of weight in the courts/judges frequently accept affidavits rather than testimony of witnesses)
Affidavit
The rule which requires that where it is necessary to prove the contents of a paper, the original must be produced or its absence accounted for.
Best Evidence Rule
The breaking or violating of a law, right, or duty, either by commission or omission
Breach
The health record qualifies as this, on the grounds that reliance can be placed on the written memoranda MADE IN THE REGULAR COURSE OF BUSINESS of an institution and that there would be no reason for making false entries at the time
Competent Evidence
One which contains sensitive, private, often personal information such as that given by a patient to the patient’s physician, a person to one’s relgious advisor of a client to one’s attorney. In the latter TWO examples, the information if PRIVILEGED. The lawyer must convince the judge that it is NOT pertinent, or the Dr. may have to divulge.
Confidential Communication
A document, which the lawyer presents to the court, to show that both sides in an action agree on how to proceed
Consent Order
Is a legal document in which a court orders a person to do something (submit a copy of a health record) or not do something (restraining order), or sets a court date when both parties are expected to appear or establishes a legal relationship between two parties to a hearing, trial, appeal, etc. THESE ARE SIGNED BY A JUDGE WITH NOTARIZED TO MAKE IT OFFICIAL.
Court Order
A pre-trial process (not in the presence of a judge) entered into by both parties to a lawsuit in order to obtain facts and information about the case in preparation for trial.
Discovery
“Bring with You” (the health record).
Duces Tecum (Subpoena Duces Tecum)
A paper, document or other article produced to a court as evidence and accepted in trial or hearing.
Exhibit
This is evidence which is passed from one person to another without the verification of the person with whom the evidence originated. The health record is technically in this category unless every entry is identified by the person who made it originally. The 1970 Supreme Court case ARES v VENNER concluded that the medical record IS admissible as an exception to the hearsay rule but EACH entry must be made at the time of fact occurred; the person making the entry must have personal knowledge of matters being recorded; and the documenter has a duty to make the entry. The accuracy of the documentation content can still be questioned.
Hearsay Evidence
The right of privacy is the right to be “left alone” to live in seclusion without being subjected to unwarranted to undesired publicity. Thus without the knowledge and authorization of the patient, there should be no publication of these health records and no showing of a photograph or motion picture from which the identity of the patient is determinable.
Invasion of Privacy
Every adult has this (e.g. to sign own consent) unless it is specifically removed by the court or by provincial legislation
Legal Capacity
One of these is a court document which puts all those persons served with it on notice that this serving party is asking the Court to order. It is NOT a Court Order. Information is not provided until a Court Order is received.
Notice of Motion
