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49 terms

Medical Law, chapter 2 vocab.

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Administrative law
covers regulations set by government agencies
Assault
imminent apprehension of bodily harm
Battery
bodily harm and unlawful touching
Beyond a reasonable doubt
evidence that is almost an absolute certainty that a person did commit a crime
Breach
neglect of an understanding betweeen two parties; failing to perform a legal duty
Breach of contract
failure to perform a promised duty
Case law
based on decisions made by judges
Check and balances
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
filed by one or more people on behalf of a larger group of people who are all affected by the same situation
Closing arguments
speech or summary made by the attorneys for both the plaintiff and the defendant
Common law
based on decisions made by judges
Competent
capable of making a decision without mental confusion due to drugs, alcohol, or other reasons
consideration
something of value given as part of the agreement
constitutional law
inviolable rights, privileges, or immunities secured and protected for each citizen
contract law
enforceable promises and agreements between two or more persons to do or not to do a particular thing
criminal case
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 taking of property, usually money, by a person entrusted with its possession
expert witness
a medical practitioner who 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
fraudulent
deceitful
implied contract
an agreement that is made through inference by signs, inaction, or silence
indictment
a written charge presented to the court by the grand jury against a defendant
intentional torts
when a person has been intentionally or deliberately injured by another-assault, battery, false imprisonment
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 that felonies; punishable by fines or imprisonment of up to one year; 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
something 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 his or her reputation
stare decisis
"Let the decision stand", latin phrase
statutes
laws enacted by state and federal legislatures
subpoena
court order for a person or documents to appear in court
subpoena duces tecum
"under penalty take with you" latin phrase-court order to appear in court and bring certain records
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 act, committed against another person or property that results in harm and is compensated in money damages
tort law
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