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MedLaw&Ethics 2
Chapter 2 - Medical Law and Ethics- Legal System
| Question | Answer |
|---|---|
| assault | threat of bodily harm |
| battery | bodily harm and unlawful touching |
| breach of contract | failure to carry out any of the terms of an agreement or contractual duty |
| case law | laws based on decisions made by judges in court |
| checks and balances | does not allow one branch of the government to have more power than the other two |
| civil law | law that concerns relationships between individuals, which are not criminal |
| class action lawsuit | lawsuit filed by one person on behalf of a larger group of people |
| closing argument | closing speech or summary made by attorneys of both the plaintiff and defendant |
| common law | also known as case law |
| competent | capable of making a decision without mental confusion due to drugs, alcohol, or other reasons |
| consideration | in contract law, something of value given as part of the agreement |
| constitutional law | laws based on the US Constitution and constitutions of states. |
| Contract law | law based on voluntary agreement between parties with the intent of benefiting each other. |
| criminal law | 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 |
| defendant | person or institution being sued |
| deposition | oral testimony that is made before an 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 obtaining of funds by a person entrusted with its possession |
| expert witness | professional who has special knowledge or experience who testifies in court |
| expressed contract | agreement entered into orally or in writing |
| felony | a serious crime that carries a punishment of death or imprisonment for more that a year |
| implied contract | agreement shown through inference by signs, inaction, or silence |
| indictment | a written charge presented to the court by the grand jury against a defendant |
| intentional torts | occur when a person has been intentionally or deliberately injured by another |
| 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, punished by fines or imprisonment up to one year |
| plaintiff | a person or group of people suing another person or group of people |
| prosecutor | a person who brings a criminal lawsuit on behalf of the government |
| regulatory law | made by agencies such as the Food and Drug Administration |
| slander | speaking false and malicious words concerning a person that brings injury to his/her reputation |
| Stare decisis | "let the decision stand" |
| statutory law | law made by legislative bodies such as Congress |
| subpoena | a court order for a person or documents to appear in court |
| subpoena duces tecum | "under penalty take with you" |
| summary judgment | judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings |
| tort | a civil injury, or wrongful act, committed against another person that results in harm and is compensated in money damages |
| unintentional torts | negligence; unintentional action or performing carelessly |
| waive | give up a right |
| legislative branch | the branch of the government that makes the law |
| executive branch | the branch of the government that enforces the law |
| judicial branch | the branch of the government that interprets the law |
| federalism | a form of government where power is divided between a central government and smaller regional governments |
| precedent | a previous case decision serves as a model for future cases |
| minor | under the age of 18 |
| emancipated minor | ages 15-18 who is married, has a child, in the military, or is self-supporting |
| abandonment | withdrawing medical care from a patient without providing sufficient notice in writing |
| beyond a reasonable doubt | standard of proof for criminal cases |
| preponderance of evidence | standard of proof for civil cases |
Created by:
Kirkster
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