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law and ethics

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Term
Definition
administrative law   the body of law that regulates the operation and procedures of government agencies.  
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advance directive   a written statement of a person's wishes regarding medical treatment, often including a living will, made to ensure those wishes are carried out should the person be unable to communicate them to a doctor.  
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arbitration   the use of an arbitrator to settle a dispute.  
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bioethics   the ethics of medical and biological research.  
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breach of contract   the failure to perform as promised or agreed in a contract  
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civil law   the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.  
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contract law   An agreement creating obligations enforceable by law  
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contributory negligence   failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.  
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contributory negligence defamation of character   talking bad a bout a person  
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expressed contract   An exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.  
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guardian ad litem   s a person the court appoints to investigate what solutions would be in the “best interests of a child.” Here, we are talking about a GAL in a diverse force or parental rights and responsibilities case.  
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implied contract   is an agreement created by actions of the parties involved, but it is not written or spoken  
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informed consent   permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits.  
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living will   a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.  
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malfeasance   wrongdoing, especially by a public official.  
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misfeasance   a transgression, especially the wrongful exercise of lawful authority.  
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nonfeasance   failure to perform an act that is required by law.  
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practice of medicine   giving out medicine without a license  
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proximate cause   is an event sufficiently related to a legally recognizable injury to be held to be the cause of that injury  
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reasonable person standard   A phrase frequently used in tort and Criminal Law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.  
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res ipsa loquitur   the principle that the occurrence of an accident implies negligence.  
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respondeat superior   A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.  
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standard of care   as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.  
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statute of limitations   a statute prescribing a period of limitation for the bringing of certain kinds of legal action  
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tort   a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability  
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tort law   is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.  
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veracity   habitual truthfulness  
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