Med Law Chap 2: the legal system

Subpoena duces tecum means

"Under penalty, take with you"

Administrative law

A branch of law that covers regulations set by government agencies

What is the subpoena duces tecum

A court order requiring a witness to appear in court and to bring certain records or other material to a trial or deposition.

What is the difference between a felony and a misdemeanor?

A felony is a serious crime that carries a punishment of death or imprisonment for more than one year. Example murder, rape, and practicing medicine without a license. Misdemeanors are less serious offenses. Examples are traffic violation.

Standard of care refers to the care that

A reasonable person would use, is ordinary care, a prudent person would use, healthcare professionals and all specialties must practice.

Checks and balances

A system designed by the framers of the Constitution so that no branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government

Common law

Also call pace law, common law is based on decisions made by judges.

Termination of the contract

Also called breach contract, it is the failure without legal excuse to perform any promise or to carry out any of the terms of an agreement, also failure to perform a duty in the contract.

Express contract

And agreement that is entered into orally or in writing that states all the terms

The threat of doing bodily harm to another person stating, for example, "if you won't allow us to continue this procedure, we will have to tie her hands. "Is

Assualt

Closing argument

Attorneys for both sides of the case present summaries of the evidence or summaries of their case

Assault

Bodily harm

Battery

Bodily harm and unlawful touching, touching without consent of patient.

The common law of the path that is based on the decision made by judges is called

Case law

consideration

Consideration is something of value given as part of the agreement

Fraudulent

Deceitful

Precedent

Earlier ruling Applied to present case.

Preponderance of evidence

Evidence showing that most likely and incident occured

Beyond a reasonable doubt

Evidence with an almost absolute certainty that a person did not commit a crime.

What are the type of contracts

Express contract, implied contract, and breach of contract.

Breach

Failure to perform a legal duty. neglect and understanding between two parties

Pleadings

Formal written statements.

Waive

Give up the right to something

Administration law cover all the following:

Health department regulations, licensing of prescription drugs, internal revenue service regulations, and fraud.

Removing one clothing in order to allow physician to perform a medical examination is

Implied contract

Implied contract

In agreement that is no interference by signs, and inaction, or silence.

Competent

In order for both contracts are the parties must be competent meaning they must be mentally aware and not under the influence of drugs or alcohol when the contract is entered into

Sources of the law include all of the following except

It includes regulatory law, statutory law, common law, constitutional law.. It does not include executive law.

What is a class action lawsuit? give example

It is a lawsuit filed by one or more people on the half of a larger group of people who are all affected by the same situation. For example if a car company had defective airbags that effective group of people and someone decided to go to court representing those people

Tort

Law that covers harm to another person. Is also a injury or wrongful acts committed against another person or property that result in harm and is made up in money damages.

Midemeanor

Less serious crimes such as traffic violation

Stare Decisis means

Let the decision stand

What is the difference between libel and slander?

Libel is any publication in print, writing pictures or signs that injures the reputations of another person. Slander is speaking false and malicious words concerning another person that brings injury to her or his reputation.

Defamation of character

Make making false and or malicious statements about another person including libel and slander

How can embezzlement be prevented?

More than one person should received payments. Also, issue receipts for payment. And audit the account and deposit the money.

Intentional torts

Occur when a person has been intentionally or deliberately injured by another

Summary judgment

Oh a decision made by the court/job in response to motion that because there's no neccisity for a trial.

Criminal case

One what's court action brought by the government against a person or group of people and then a crime, resulting in imprisonment or a fine if found guilty.

Deposition

Oral testimony to be used in court

Subpoena

Order for a person or documents to appear in court

Defendant

Person who is being sued

Plaintiff

Person who sees another party

The person who brings the action into litigation is called a

Plaintiff

Civil law

Relationship between individual or between individual and the government which are not criminal

Regulations

Rules or laws made by agencies.

Felony

Serious crime such as practicing medicine without a license

A court order that requires a witness to appear in court with a certain record is called a

Subpoena duces tecum

Unintentional torts

Such as negligence, a car when the patient is injured as a result of the healthcare professionals not exercising the ordinary standard of care.

Contract law

That division of law that includes enforceable promises angry meant between two or more persons to do or not to do a particular thing.

What is the role of the appellate court within the court system?

The appellate court system will determine if the trial or lower court correctly applied law

Embezzlement

The illegal appropriation of property, usually money, by a person interested with its possession

Jurisdiction

The power to hear a case

Constitutional law

The rights, privileges, or immunities secured and protected for each citizen by the Constitution of United States or by the states.

indictment

Written legal charges against defendant to a trial court

What are some of the reasons for termination of a medical contract?

failure to follow instructions, missed appointments, failure to pay for service, and if the patient states (orally or in writing) that he/she is seeking the care of another physician