Chapter 1

Appellate court

A court that hears appeals from lower court decisions; sometimes called court of appeals.

In personam jurisdiction

A court's power to adjudicate cases filed against a specific individual, as opposed to in rem jurisdiction, which concerns property disputes.

Civil lawsuit

A noncriminal lawsuit for damages, usually based on tort, contract, labor, or privacy issues.

In rem jurisdiction

A term that delineates the court's jurisdiction over property or things, including marriage, rather than over persons.

Assault

A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in the apprehension of such harm or contact. Battery Bodily harm or unlawful touching of another. In the medical field, treating the patient without consent is considered battery.

Tort

A wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.

Jurisdiction

Authority given by law to a court to try cases and rule on legal matters within a geographical area and/or over certain types of legal cases.

Federal court

Court having jurisdiction over cases in which the U.S. Constitution and federal statutes apply; these can be federal district courts (trial courts), district courts of appeals, or the U.S. Supreme Court.

Statute of limitations

Defense against a tort action; requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.

Admissions of fact

Discovery technique that asks the opposing party (in writing) to admit or deny any material fact or the authenticity of documents to be introduced into evidence at trial.

Administrative law

Establishes laws between citizens and government agencies and provides certain power to the agencies to enforce these laws and regulations.

Judicial branch

Federal constitutional court system; one of the three parts of the US federal government; interprets legislation and determines its constitutionality and applies it to specific cases. May overrule cases presented on appeal from lower courts.

State supreme court

Highest court in any given state in the US court system.

Supreme Court of the United States

Highest court in the United States, having ultimate judicial authority within the United States to interpret and decide questions of federal law. It is the head of the judicial branch of the US government.

Res ipsa loquitur

In Latin: "the thing speaks for itself." Legal doctrine that there is clear proof that the defendant had the responsibility (duty) to the patient and that the injury would not and could not have occurred without the negligence of the defendant.

Stare decisis

In Latin: "to stand by the things decided" or to adhere to a decided case; a condition in which, once a court rules, that decision becomes law for other cases. Also known as precedent.

Common law

Law of precedents built on a case-by-case basis and established by citing interpretation of existing laws by judges in previous suits. Also known as "judge-made law."

Medical law

Laws that are prescribed to pertain specifically to the medical field.

Misdemeanor

Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year.

Writ of certiorari

Order a higher court issues to review the decision and proceedings in a lower court and determine whether there were any irregularities.

Defendant

Person or entity sued.

Executive branch

President of the United States or the governor of an individual state. Can propose laws, veto laws proposed by the legislature, enforce laws and establish agencies.

Interrogatory

Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.

Medical ethics

Principles based on the medical profession that determine moral behavior.

Discovery

Process of gathering information in preparation for trial.

Felony

Serious crime punishable by relatively large fines and/or imprisonment for more than 1 year and, in extreme cases, death.

Criminal law

State or federal government law covering violations of a written criminal code or statute.

Legislative branch

The U.S. House of Representatives and Senate and any similar state legislature that develops statutory law.

Standard of care

The average knowledge and expertise that one can expect from a healthcare professional in the same area or field and with the same base of training.

Malpractice

The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; it results in harm.

Negligence

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances.

Law

The foundation of statutes, rules, and regulations that governs people, relationships, behaviors, and interactions with the state, society, and federal government.

Statute

Written laws enacted by the state or federal legislative branch

Statutory law

Written laws, usually enacted by a legislative body, that include regulatory, administrative, and common laws.

Plaintiff

he person or entity bringing a suit or claim.