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MedLaw&Ethics 2

Chapter 2 - Medical Law and Ethics- Legal System

QuestionAnswer
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