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Unit 3 MedLawEthics
Unit3
| Question | Answer |
|---|---|
| Agent | someone who has the authority to act for another under specific conditions |
| civil law | involves wrongful acts against persons, but does not involve crimes |
| Contract | voluntary agreement, written or unwritten, between two parties that creates an obligation under specific circumstances |
| Defendant | person or party against whom charges are brought in a criminal or civil lawsuit |
| Felony | offense punishable by death or imprisonment in a state or federal prison for more than a year |
| Jurisdiction | power and authority given to a court to hear a case and make a judgement |
| legal precedent | decisions made by judges in the various courts that become rule of law and apply to future cases (case law) |
| Minor | anyone under the age of majority (18 in some states, 21 in others) |
| Plaintiff | the complaining party in a lawsuit |
| Prosecution | the government as plaintiff in a criminal case |
| statute of frauds | state legislation governing written contracts |
| Tort | a civil wrong committed against a person or property, excludes breach of contract |
| Tortfeasor | the person guilty of committing a tort |
| Void | without legal force or effect |
| Voidable | able to be set aside or to be revalidated at a later date |
| Misdemeanor | crime punishable by a fine or incarceration in a facility other than a prison for less than a year |
| case law | law established through common law and legal precedent |
| common law | the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition |
| administrative law | enabling statutes enacted to define powers and procedures when an agency is created |
| case law | law established through common law and legal precedent |
| common law | the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition |
| criminal law | law that involves crimes against the state |
| expressed contract | explicitly stated written or spoken words |
| implied contract | unspoken or unwritten agreements whose terms result from the actions of the involved parties |
| law of agency | law that governs the relationship between a principal and his/her agent (employee) |
| mental incapacity | condition in which a person lacks the ability to understand ordinary things-therefore unable to enter into a legal contract |
| Misdemeanor | crime punishable by a fine or incarceration in a facility other than a prison for less than one year |
| Negligence | an unintentional tort alleged when one may have caused harm to another |
| respondeat superior | the employer is vicariously liable for the behavior of an employee working within their scope of practice |
| statutory law | law passed by the US Congress or state legislatures |
| third party contract | written agreement signed by a party other than the patient who promises to pay the patient's bill |
| constitutional law | law that originates from federal and state constitutions |
| substantive law | statutory or written law that defines and regulates legal rights and obligations |
| procedural law | law that defines the rules used to enforce substantive law |
| civil law | involves wrongful acts against persons, but does not involve crimes |
| legal precedent | decisions made by judges in the various courts that become rule of law and apply to future cases |
| Felony | offense punishable by death or imprisonment in a state or federal prison for more than one year |
| Jurisdiction | power and authority given to a court to hear a case and make a judgement |