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Legal Issues - Final Exam Test
Terms in this set (70)
What are the three branches of government?
What does the Legislative Branch do?
Amends or repeals existing legislation
Creates new legislation
Enact Taxes & set the budget
What does the Executive Branch do?
Enforces the law
Refuse certain expenditures
What does the Judicial Branch do?
Resolve disputes in accordance with the law
Create common laws
Declare laws unconstitutional
Who is a part of the Legislative Branch?
Senate (Johnny Isakson & David Perdue R-GA) and House of Representatives (Georgia District 10; Rody B. Hice). There are 100 members on the U.S. Senate and 435 members of the House of Representatives.
Who is a part of the Executive Branch?
President (Barack Obama), Vice President (Joe Biden) and the Cabinet. Cabinet Includes: Secretary of State (John Kerry), Secretary of the Treasury (Jack Lew), Secretary of Defense (Chuck Hagel), Attorney General (Eric Holder), Secretary of the Interior (Sally Jewell), Secretary of Agriculture (Tom Vilsack), Secretary of Commerce (Penny Pritzker), Secretary of Labor (Thomas Perez), Secretary of Health and Human Services (Sylvia Mathews Burwell), Secretary of Housing and Urban Development (Julian Castro), Secretary of Transportation (Anthony Foxx), Secretary of Energy (Ernest Moniz), Secretary of Education (Arne Duncan), Secretary of Veterans Affairs (Robert McDonald), Secretary of Homeland Security (Jeh Johnson)
Vice President (Joe Biden), White House Chief of Staff (Denis McDonough), Director of the Office of Management and Budget (Shaun Donovan), Administrator of the Environmental Protection Agency (Gina McCarthy), Trade Representative (Michael Froman), Ambassador to the United Nations (Samantha Power), Chairman of the Council of Economic Advisers (Jason Furman) Administrator of the Small Business Administration (Maria Contreras-Sweet)
Who is a part of the Judicial Branch?
Supreme court, who has 1 Chief Justice (John G. Roberts, Jr) and 8 associate justices, who include Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan.
What is negligence?
It is the "unintentional" commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
negligence (Act of commission)
directly doing harm
negligence (Act of omission)
failure to engage in protocols to protect patients, families, the community, and themselves.
What are the 3 forms of negligence?
Malfeasance: Execution of an unlawful or improper act.
Misfeasance: Improper performance of an act, such as the removal of a healthy left kidney instead of the diseased right kidney.
Nonfeasance: Failure to act when there is a duty to act.
What elements must be proven in order to be successful in a negligence suit?
1. Duty to Use Due Care
− Standard of care
2. Breach of Duty
3. Injury/Actual Damages
− Proximate Cause
What are the 4 objectives of tort law?
1. Culpability: Find fault for wrongdoing.
2. Deterrence: of wrongful acts thru the assessment of monetary damages.
3. Preservation: of peace between individuals.
4. Compensation: to indemnify injured person/s.
How does one distinguish between negligence and malpractice?
1. Negligence is a tort. It is the "unintentional" commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
2. Malpractice Negligence or carelessness of a professional person (nurse practitioner, pharmacist, physician, physician's assistant, etc.)
What are the categories of intentional torts?
1. Assault and Battery.
2. False Imprisonment
3. False Arrest
4. Defamation of Character
6. Invasion of Privacy
7. Intentional Infliction of Mental Distress
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