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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 |