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1st branch of government

executive

2nd branch of government

legislative

3rd branch of government

judicial

private law

dispute between two private parties

public law

dispute between two branchs of government or private party and government

administrative law

made by adminstratives agencies such as CMS, IRS

handles paternity

Circuit Court - family division

handles divorce

Circuit Court - family division

handles claims under $3000

small claims court

handles committment for mentally ill

probate court

handles claims against the state of Michigan

Court of Claims

handles civil claims over $25,000

Circuit Court

handles misdemeanors

District Court

handles disputes over estate

Probate Court

# of judges on court of appeals

28

# of Michigan supreme court judges

7

length of term fo Michigan supreme court justice

8 year terms

how often chief justice elected

every two years

tort law

malpractice, injury

contract law

agreement entered into

intellectual property law

patents and copyright

criminal law

injurious to public order, specified punishment

substantiative law

defines specific offenses

procedural law

steps through which a case passes

main source of law

US contitution

Right to privacy

basic human right, not specifically mentioned in constitution

statutory law

enacted by legislature

Federal Register

contains pending laws

Stare Decisis

Let the decision stand

Res Judicata

thing settled by judgement

statutory law

legislators create

Term of senators

6 years

# of senators

2 per state

# of representatives

based on population

executive branch duty

enforce and adminster laws

judicial branch duty

interpret and apply law

jurisdiction meaning

authority, control and power

writ of certiorari

plea for supreme court to hear your case

mediation

neutral third party to help parties agree

arbitration

third party makes decision

joinder

add another individual into lawsuit

discovery

pretrail access to documents

admissible

documents can be used for evidence

Duces Tecum

command to bring records

civil lawsuit

burden of proof is on plantiff

criminal case

must prove beyond a reasonable doubt

hearsay exceptions

med rec is okay becuase person who documented is not avilable to testify

Incident reports

are not admissible as evidence because part of quality assurance

battery

put hands on someone without their consent

assault

threat of harm to someone

examples of tort

malpractice, breach of confidentiality, invasion of privacy

defamation

false statement about a pateint

negligence

defendant breached duty of care

res ipsa loquitur

something has been done to cause injury

libel

written defamation

slander

oral defamation

Invasion of privacy

truthful info disclosed

breach of confidentiality

breaking the physician-patient privilege

expressed consent

direct words, orally or written

implied consent

understood by the patient's conduct

informed consent

physician's responsibilty to make patient aware of purpose and risks

professional disclosure standard

another reasonable healthcare provider would disclose

reasonable patient standard

information necessary for average reasonable patient to consent

Good Samaritan law

protect health care providers from liability - does not apply to EMS

therapeutic privilege

can withhold info if patient can't cope

competent adult

age of majority - 18

Living will

not recognized in MI, patient lists treatment wishes

durable power of attorney for health care

competent individual can name someone to make decisions on their behalf if they become incapacitated

mature minor

substance abuse, family planning

short consent form

just tells they have been told the risks

long consent form

detailed description of risks

blanket consent

admission packet consent, not acceptable for major procecdure

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