Medical Law Chap.2

Stare Decisis

"Let the decision stand"

Criminal

"Not guilty" prove has the burden of proof. Beyond teh reasonable doubt 99.9% sure, 12 people= Unanomious.

Common Law

Also called case law. Judge- made law.Precendent "Stare Decisions".

Implied Contract

An agreement that is made through inference by signs, inaction or silence.

Expressed Contract

An agreement thats is entered into orally or in writing.

Libel

Any publication in print,writing,pictures, or signs that injures the reputation of another person.

Administrative Law

Branch of public law,covers regulations that are set by government agencies. Regulatory agency hearing, gives benefits & take benefits away.

Civil (Private) Law

Concerns relationships either between individuals or between individuals & the government. Plaintiff vs. Defendant.

Fraudulent

Deceiful

Contract law

Division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing.

Precendent

Earlier ruling applied to present care.

Preponderance Of Evidence

Evidence showing that more likely than not the incident occured.

Beyond A Reasonable Doubt

Evidence thats is almost an absolute certainly that a person did commit a crime.

Breach

Failure.

Defamation Of Character

False statement harm to reputation. *Slander- spoken, *Libel- written.

Constitutional Law

Government actions as to indidviduals.

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 deposition.

Classification Laws

Laws are classified as private and public.

Statutes

Laws enacted by state and federal legislative.

Statutory Law

Laws passed by Congress-statutes. Create an agency- Regulations. (Regulatory Law)

Class Action Lawsuit

Lawsuit filed by one or more people on behalf of a large group of people who are all affected by the same situation.

Civil

Liable. Plaintiff-has the bonden of proof "Preponderance of evidence" 50.1% more likely than not.

Deposition

Oral testimony to be used in court.

Subpoena

Order for a person or documents to appear in court.

Defendant

Person or group of people sued civilly or prosecuted criminally in a court of law.

Regulations

Rules or laws made by agencies.

Checks and Balances

Seperation of powers. (Legislative *Congress, Executive *President, Judicial *Supreme Court).

Criminal Laws

Set up to protect the public from the harmful acts of others.

Slander

Speaking false and malicious words concerning another person that brings injury to his or her reputation.

Breach Of Contract

The failure, without legal excuse, to perform any promise or carry out any of the terms of an agreement; failure to perform a contractual duty.

Assault

Threat of bodily harm. Imminent apprehensional of bodily harm.

Public Law: Criminal Law

To protect the public as a whole from the harmful acts of others. State vs. Jones or CT vs Jones. (Defendant).

3 Types Of Civil Law

Tort Law, Contract Law & Class Action Lawsuit.

Battery

Unlawful bodily contract.

Torts Law

Wrongful act to person/property.

Plaintiff

A person or a group suing another person or group of people; person who instigates the lawsuit.

Untentional Tort

Negligence/Malpractice. Standard of care, Failure to exercise responsible care.

Intentional Torts

Occurs when a person has been intentionally or deliberately injured by another. Includes assault & battery.

Criminal Case

One in which court action is brought by the government against a person or groups accused of committing a crime, resulting in a fine or imprisonment if found guilty.

Embezzlement

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