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Medical Ethics

Law, the Courts, and Contracts

QuestionAnswer
basis of law in the United States Federal statutes; State statutes; Municipal ordinances; Constitutional law; Case law; Common law
Constitutional law derives from federal and state constitutions
Case law established through common law and legal precedent
common law body of unwritten law developed in england, primarily from judicial decisions based on custom and tradition
classifications of law Substantive and Procedural
Substantive statutory or written law that defines and regulates legal rights and obligations
Procedural Law that defines the rules used to enforce substantive law
crimes against the state Criminal law
does not involve crimes, but instead involves wrongful acts against persons, can sue another person, a business, or the government Civil law
felony offense punishable by death or by imprisonment in a state or federal prison for more than one year.
misdemeanor punishable by fine or imprisonment in a facility other than a prison for less than one year.
What are torts a civil wrong committed against a person or property, excluding breach of contract
Intentional torts intentional misconduct
Unintentional torts acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences
negligence most often alleged against health care practitioners.
What is a contract a voluntary agreement between two parties in which specific promises are made for a consideration
parts of a contract agreement - consideration- Legal subject matter - Contractual capacity
Contractual capacity Parties who enter into the agreement must be capable of fully understanding all of its terms and conditions
Legal subject matter not valid and enforceable in court unless they are for legal services or purposes.
consideration Something of value is bargained for as part of the agreement
agreement One party makes an offer, and another party accepts it.
Expressed contracts spoken or written in precise terms
Implied contracts not spoken or written in precise terms, but are understood
Houses of Congress Senate and the House of Representatives
three branches of government legislative, executive, and judicial
House of Representatives has 435 seats membership based on state populations
Senate has 100 seats, two members from each state
duty of Congress write, debate, and pass bills, which are then passed on to the president for approval
Other powers of Congress Making laws about taxes and borrowing money; controlling trade between states and between the United States and other countries; Approving the printing of money; Declaring war on other countries
executive branch president of the United States
executive order rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.
judicial branch U.S. Supreme Court, interprets the law and oversees the enforcement of laws
statutory law Law passed by the U.S. Congress or state legislatures
municipal ordinances Laws passed by city governments
legal precedents Decisions made by judges in various courts that become rule of law and apply to future cases
Administrative law statutes enacted to define specific powers and procedures when agencies are created. agencies are created by Congress, by the president, or by individual state legislatures
accessory one who contributes to or aids in the commission of a crime—by a direct act, by an indirect act (such as encouragement), by watching and not giving aid, or by concealing the criminal's crime
tortfeasor person guilty of committing a tort
intentional torts include Assault- Battery- Defamation of Character - False Imprisonment-Fraud- Invasion of Privacy
Assault threat of bodily harm to another
Battery broadly defined as any bodily contact made without permission
Defamation of Character damaging a person's reputation by making public statements that are both false and malicious
Libel expressing in published print, writing, pictures, or signed statements content that injure the reputation of another
Slander speaking defamatory or damaging words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood
False Imprisonment intentional, unlawful restraint or confinement of one person by another.
Fraud Deceitful practices in depriving or attempting to deprive another of his or her rights
Invasion of Privacy intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission
plaintiff person bringing charges in a lawsuit
defendant person or party against whom charges are brought
prosecution government as plaintiff in a criminal case
Court clerks keep court records and seals, enter court orders and judgments into the record, and keep the papers of the court
Court reporters running account of all court proceedings, using a stenotype machine that types shorthand symbols onto a tape.
Regulation Z of the Consumer Protection Act patient and a physician make a bilateral payment agreement (one in which both parties are mutually affected) that medical fees will be paid in four or more installments or will include finance charges
Fair Debt Collection Practices Act of 1978
Created by: baybro9933