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46 terms

Medical Law & Ethics - Chapter 2

Medical Law & Ethic terms - Chapter 2
STUDY
PLAY
ADMINISTRATIVE LAW
a branch of law that covers regulations set by government agencies
ASSAULT
imminent apprehension of bodily harm
BATTERY
bodily harm and unlawful touching (touching without consent of patient)
BEYOND A REASONABLE DOUBT
evidence that is almost an absolute certainty that person did commit a crime
BREACH
neglect of an understanding between two parties; failing to perform a legal duty
BREACH OF CONTRACT
the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure ot perform a contractual duty
CASE LAW
also called common law, case law is based on decisions made by judges
CHECKS AND BALANCES
designed by the framers of the constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government
CIVIL LAW
relationships between individuals or between individuals and the government, which are not criminal
CLASS ACTION LAWSUIT
lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation
CLOSING ARGUMENT
closing speech or summary made by the attorney's for both the the plaintiff and the defendant
COMMON LAW
also called case law, common law is based on decisions made by judges
COMPETENT
capable of making a decision without mental confusion due to drugs, alcohol, or other reasons
CONSIDERATION
in contract law, consideration is something of value given as part of the agreement
CONSTITUTIONAL LAW
the inviolable rights, privileges, or immunities secured and protected for each citizen by the constitution of the United States or by the constitution of each state
CONTRACT LAW
that division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing.
CRIMINAL CASE
one in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty.
CRIMINAL LAWS
set up to protect the public from the harmful acts of others
DEFAMATION OF CHARACTER
making false and/or malicious statements about another person; includes libel and slander
DEFENDANT
person or group of people sued civilly or prosecuted criminally in a court of law
DEPOSITION
oral testimony that is made before a public officer of the court to be used in a lawsuit
DISCOVERY
the legal process by which facts are discovered before a trial
EMBEZZLEMENT
the illegal appropriation of property, usually money, by a person entrusted with its possession
EXPERT WITNESS
a medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee
EXPRESSED CONTRACT
an agreement that is entered into orally or in writing
FELONY
a serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery and practicing medicine without a license
FRAUDULENT
deceitful
IMPLIED CONTRACT
an agreement that is made through inference of signs, inaction, or silence
JURISDICTION
the power to hear a case
LIBEL
any publication in print, writing, pictures, or signs that injures the reputation of another person
LITIGATION
a dispute that has resulted in one party suing another
MISDEMEANORS
less serious offenses than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace
PLAINTIFF
a person or group of people suing another person or group of people; the person who instigates the lawsuit.
PLEADINGS
formal written statements
PREPONDERANCE OF EVIDENCE
evidence showing that more likely than not the incident occurred
PROSECUTOR
a person who brings a criminal lawsuit on behalf of the government
REGULATIONS
rules or laws made by agencies
SLANDER
speaking false and malicious words concerning another person that brings injury to him or her reputation
STATUTES
laws enacted by state and federal legislatures
SUBPOENA
court order for a person or documents to appear in court
SUBPOENA DUCES TECUM
Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition
SUMMARY JUDGMENT
judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings
TORT
a civil injury, or wrongful cat, committed against another person or property that results in harm and is compensated in money damages
TORT LAW
that division of law that covers acts that result in harm to another; covers wrongful acts
UNINTENTIONAL TORTS
such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care
WAIVE
give up a right