72 terms

legal aspects

1st branch of government
2nd branch of government
3rd branch of government
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
# of Michigan supreme court judges
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
neutral third party to help parties agree
third party makes decision
add another individual into lawsuit
pretrail access to documents
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
put hands on someone without their consent
threat of harm to someone
examples of tort
malpractice, breach of confidentiality, invasion of privacy
false statement about a pateint
defendant breached duty of care
res ipsa loquitur
something has been done to cause injury
written defamation
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