Law & Ethics Chapter 2 Test

50 terms by lsauvron

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Administrative Law

A branch of public law, covers regulations that are set by government agencies

Assault

"Imminent apprehension of bodily harm" The threat of bodily harm. knowing that your going to get hit.

Battery

Requires bodily harm, or unlawful touching/contact.

Beyong a Resonable Doubt

Evidence that determains with almost absolutely certainity that a person did commit a crime.

Breach

Failure, when someone breaks an agreement in a contract.

A breach of contract

Occures when either party fails to comply with the terms of an agreement

Case Law

A common law of the past that is based on a decision made by a judge.

Checks and Balances

Was designed by the framers of the Constitution so that no one branch could have more power then another branch.

Civil Law

Concerns either relationships between individuals or between individuals and the government.

Class Action Law Suit

A lawsuit filed on behalf of a large group of people who are all effected by the same situation.

Common Law

Made by judges when they apply previous court decisions to current cases.

Constitutional Law

Consists both of the U..S. Constitution and the Constitution of the individual states.

Contract Law

Address a breach or a neglict of a legally binding agreement between two parties

Criminal Case

The government brings a suit against a person or a group of people accused of committing a crime. Resulting in a crime, imprisonment or both.

Criminal Laws

Are made to protect the public as a whole from the harmful acts of others

Defamation of Character

False statement harm of reputation of a person

Defendant

Person who is being sued

Embezzlement

illegal appropriation of property. Taking things that don't belong to you.

Expressed contract

An agreement that states all of the terms .

Fraudulent

Practices consist of an attempt to deceive another person

Implied Contract

Something for Something. (Ex. Dr. gives services patient pays Dr.)

Intentional Torts

Occurs when a person intentionally or deliberatly injures another.

Libel

Is a form of Defamation that is done in writing

Plaintiff

A person who sues another party

Preponderence of Evidence

Shows more likely than not an incident occured

Regulations

The rules of laws written by Government agencies Usually give or take benefits away.

Slander

Is a form of Defamation that is spoken. Speaking false or malicious words to harm another person reputation.

Stare decisis

"Let the decision stand"

Statutes

Are laws passed by legislative bodies either Congress or State legislatures.

Subpoena

Written command from the court for a person or documents to appear in court.

Subpoena duces tecum

Under penalty Take with you. Requires witness to appear in court with certain records or material to a trial.

Tort

Wrongful act to a person or property that results in harm and is compensated by money damages.

Tort Law

A division of law that covers acts that result in harm to another, covers wrongful acts.

Unintentional Tort

Exists when a person had no intention of bringing about an injury to the patient

Three Branches of Government

Legislative, Executive, and Judicial

Legislative Branch Consists of _______?

Congress, House of Representatives and Senate

Executive Branch Consists of ______?

President and Agencies/Cabinet

Judicial Branch Consists of______?

The Justice of Supreme Court

What does the Legislatve Branch do?

Writes Laws, and Passes Bills and Vote

What does the Executive Branch do?

Has the power to Veto or approve the laws written by the legislative branch

What does the Judicial Branch do?

Interprets the law.

What are the Sources of Law?

Constitutional, Statuatory, Regulatory and Common

Constitutional, Statuatory, Regulatory and Common

Are Sources of Law

Assault, Battery, False Imprisonment, Defamation of Character, Fradulant, Embezzlement

Are Intentional Torts

99.9% Sure

Criminal

50.1%

Civil

Classifaction of Law

Tort, Contract, Property, Inheritance, Family and Corporate. They are classified as public and private.

Abandonment

When doctor ends an agreement without notifying in writing to the patient

Standards of proof

"Beyond a reasonable doubt", "Preponderance of evidence",

Precendent

Earlier ruling applied to a present case

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