Flashcards › Medical Law & Ethics: Chapter 2 Key Terms

Administrative law a branch of law that covers regulations set by government agencies. Assault "imminent apprehension of bodily harm." Battery requires bodily harm and unlawful touching (touching without consent of patient). Beyond a reasonable doubt evidence that is almost an absolute certainty that a person did commit a crime. Breach neglect of an understanding between two parties; failing to perform a legal duty. Breach of contract the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement;failure to perform a contractual duty. Case law also called common law; case law is based on decisions made by judges. Checks and balances designed by the framers of the Constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government. Civil law. concerns relationships that are not criminal; either between individuals or between individuals and the government Class action lawsuit 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 closing speech or summary made by the attorneys for the plaintiff and the defendant. Common law. also called case law; common law is based on decisions made by judges Competent capable of making a decision without mental confusion due to drugs, alcohol, or other reasons Consideration. in contract law, consideration is something of value given as part of the agreement Constitutional law. the inviolable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the United States or by the constitution of each state Contract law. that division of law that includes enforceable promises and agreements between two or more persons to do or not do a particular thing Criminal case one in which 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 if the plaintiff can prove damages 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 appropriation of property, usually money, by a person entrusted with its possession Expert witness a medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about a subject in court, usually for a fee. They do not testify about the facts of the case. Expressed contract an agreement that is entered into orally or in writing and that clearly states all the terms. Felony a serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery, and practicing medicine without a license. 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 occurs when a person has intentionally or deliberately been injured by another. 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 than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace. Plaintiff a person or group of people suing another person or groups of people; a person who instigates the lawsuit. Preponderance of evidence. evidence more likely than not that the incident occurred Prosecutor. a person who brings a criminal suit on behalf of the government Regulations rules or laws made by agencies. Slander. speaking false and malicious words concerning another person, which brings injury to his or her reputation Stare decisis Latin phrase meaning "let the previous decision stand." Statutes laws enacted by state and federal legislatures. Subpoena court order for a person or documents to appear. Subpoena duces tecum Latin phrase meaning "under penalty, take with you"; a court order requiring a witness to appear in court and to bring certain records or other material to a trial or a deposition. Summary judgment. judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings Tort a wrongful act, defined by the law, that is committed against another person or property that results in harm; a civil wrong, and is compensated in money damages. Tort law the division of law that covers acts that result in harm to another. 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 the right to something. Chapter 2 Key Terms