Packet 1

Question 1

jurisprudence

Answer 1

the science and study of the law

Question 2

laws dictate

Answer 2

what you must do

Question 3

ethics dictate

Answer 3

what you should do

Question 4

state and federal courts handle what kind of cases?

Answer 4

civil and criminal cases

Question 5

criminal law represents..

Answer 5

crimes against society and are prosecuted in the public interest

Question 6

burden of proof is..

Answer 6

preponderance of evidence

Question 7

penalties of criminal law are?

Answer 7

usually fines, imprisonment and capital punishment

Question 8

civil law represents

Answer 8

wrongs against an individual

Question 9

penalties of civil law are?

Answer 9

usually monetary or equitable remedies

Question 10

where does malpractice fall?

Answer 10

civil cases

Question 11

contract law

Answer 11

any agreement between two or more parties that a court will enforce

Question 12

do contracts need to be in writing in order to be legally binding?

Answer 12

no

Question 13

types of contracts

Answer 13

bilateral, unilateral, formal, informal, expressed, implied/quasi, valid, void, etc

Question 14

what is required to go into a contract?

Answer 14

parties must be competent to enter into a contract and have mutual assent/meeting of the minds

Question 15

legal detriment

Answer 15

consideration may also be a sacrifice, giving something up or refraining from doing something

Question 16

detrimental reliance

Answer 16

legal obligation by a party

Question 17

contract law consideration

Answer 17

something of legal value given by each party
promise can be of legal value
consideration of one party makes the promise of other party enforcible

Question 18

disaffirmation

Answer 18

legal right of incompetent party to set aside agreement

Question 19

what are the 3 types of incompetent parties?

Answer 19

minors
under influence
mental illness

Question 20

what contracts cannot be disaffirmed?

Answer 20

student loans
used airline tickets
stock transactions
marriage
armed forces enlistment

Question 21

emancipated minor

Answer 21

self supporting and burden of proof is on the person claiming to be emancipated
parents generally have no legal liability for contracts made by minors unless they have co-signed

Question 22

contract law-legal purpose

Answer 22

if both parties know of illegality, the court will not consider it

Question 23

breech of contract

Answer 23

one party fails to perform the required obligations

Question 24

remedies

Answer 24

actions to obtain satisfaction for injury caused by a breech

Question 25

legal remedies

Answer 25

damages

Question 26

fraud

Answer 26

false statement about material fact, active or passive, deliberately made and intended to deceive, damages must be proven

Question 27

duress

Answer 27

compelled through physical force or other improper threats

Question 28

undue influence

Answer 28

power relationship

Question 29

mistake

Answer 29

some mutual mistakes can serve as a defense because there was no meeting of the minds, unilateral is not a defense

Question 30

define tort, what are the 3 types?

Answer 30

tort is a civil wrong | intentional, unintentional, strict liability

Question 31

intentional tort

Answer 31

assault or battery | invasion of privacy

Question 32

unintentional tort

Answer 32

negligence, malpractice which is professional negligence

Question 33

strict liability tort

Answer 33

liability without fault

Question 34

in a tort, the burden of proof is on the accuser unless?

Answer 34

it is a case of res ipsa loquitor (the thing speaks for itself)

Question 35

what do intentional torts deal with?

Answer 35

conduct which has a reasonable certainty of causing harm

Question 36

negligence

Answer 36

conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm

Question 37

effects of malpractice

Answer 37

hidden monetary costs psychological effects can be devastating doctors often experience depression and anger at some point during litigation some doctors "drop out" professionally and avoid contact with other doctors personal withdrawls from family and friends may develop patient phobia

Question 38

malpractice definition

Answer 38

professional negligence that is the proximate cause of injury or harm to the patient, resulting from a lack of professional knowledge, experience or skill that can be expected in others in the profession or from a failure to exercise reasonable care or judgement in the application of professional knowledge or skill

Question 39

what are some of the most common reasons for malpractice among chiros?

Answer 39

``` disc problems fractures failure to diagnose aggravation of a prior condition CVA vicarious liability burns ```

Question 40

in order for a malpractice claim to be successful, what is needed?

Answer 40

duty dereliction of duty direct causation damage